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Minutes February 21, 1989CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 21, 1989 421 The Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: ABSENT: 1. Mayor Stephens; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. Mayor Pro Tem Hopkins The Council received an interim report from the Solid Waste Advisory Committee. George Gilkeson, Chair-Solid Waste Advisory Committee, stated that' the Committee had two recommendations for Council: (1) that the City proceed with its original plan with the second step of a two-step program of Commercial rate increases and (2) that the role of the Committee be expanded in respect to state mandated requirements. Council thanked Mr. Gilkeson for the report from the Committee. 2. Council received a report regarding Oak-Hickory Street pav%ng widths. 'Lloyd Harrell, Ci6y Manager, stated that the street bond issue had allocated money for reconstruction of Oak/Hickory. Issues concerning the width of the reconstruction dealt with the width of the streets and the number of trees that would be lost due to the widening. Two City Boards were involved in the discussions, the Historic Landmark Commission and the Planning and Zoning Commission. Staff was reporting back to Council the feelings of those two bodies. Rick Svehla, Deputy City Manager, reviewed the options from staff for Council. (Exhibit A) Staff suggested placing the item on the March 7 agenda for formal consideration. Svehla stated that a minimum of one tree would be lost no matter which option was chosen. City Manager Harrell stated that the Historic Landmark Commission was looking at changing the function of Oak/Hickory and suggested a comprehensive look at the Transportation Plan with those issues in mind. If that were the case, staff would recommend a consulting firm be hired to work with staff to do the work. A modified proposal may come from COG to help with the study due to the cost from an outside consultant. Council Member Alexander stated that the transportation study was a good idea and perhaps could be looked at as a budget item for the next budget. He was concerned with the safety of the street widening and narrowing. 422 City of Denton City Council Minutes February 21, 1989 Page 2 Council Member Gort0n suggested that the parking be ~tandard~ed along the street as it was very difficult to drive with the parking not being the same. Council Member McAdams stated that the transportation study was good. She felt that the street should be straightened for safety and that Oak/Hickory should not be considered a ma~or street for carrying traffic due to the Historic District and UNT in such close proximity. Council Member Boyd stated that it was not appropriate to consider Oak/Hickory as a major thoroughfare and it should not be designed to carry more traffic. A traffic burden should not be forced on those streets. Mayor Stephens stated that improvements were needed due to the conditions of the streets. There was a dilemma on how to get traffic through that area. A transportation study might give more ideas on where to put traffic, to look for alternate routes.' .Council .Member Ayer stated felt that there were three main issues to deal with: (1) preservation of the Historic District, (2) moving traffic through the area, and (3) safety. He was concerned with the changing widths of the street. 3. The Council continued discussions regarding a proposed street closing policy. Roger Nelson, Administrative Assistant, reviewed the proposals for a draft ordinance. Discussion of the Council centered on perhaps using the standards for Spring Fling and see how they worked out. Council Member Alexander stated that the policy could be developed through experience but that the Council should not rush into making set standards before the consequences of such were known. Consensus of the Council was to appoint a subcommittee to work with the Arts Council in the areas of resident permission, portable bathrooms, and clean-up. The Committee would only consider this one request. The proposed ordinance and its requirements would not have an impact on the Spring Fling request. 4. The Council convened into the Executive Session to discuss legal matters, real estate (considered a water purchase from the City of Commerce, Texas) and personnel/board appointments (considered appointments to the Airport Advisory Board, the Human Resources Committee, the Citizens Traffic Safety Support Commission and the Housing Task Force and continued evaluations of the City Manager, City Attorney, and Municipal Judge.) City of Denton City Council Minutes February 21, 1989 Page 3 The Council then. convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Stephens 1. The Council considered approval of a resolution in appreciation of W. W. "Dick" Klein. The following resolution was considered: Resolution No. 89-011 RESOLUTION IN APPRECIATION OF W. W. "DICK" KLEIN. Gorton motioned, Boyd seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. o Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Planned Development-83 and approving a detailed plan. Petitioner was First State Bank. The property was currently zoned for two-family and multi-family land uses and was more fully described as Lots 25, 26 and 27 of Block A, and Lots 20-34 of Block B of the Audra Meadows Addition. The property was located on the east and west sides of Bayfield Drive and on the south side of Brittany Drive. If approved, the property may be utilized for single family residential lots with a minimum of 6,000 square feet. z-88-019. (Planning and Zoning Commission recommended approval). The Mayor Pro Tem opened the public hearing. Donna Owen, First State Bank, requested approval of the ordinance as the Bank felt it would benefit the community to change the zoning from multi-family to single family residential. No one spoke in opposition. The Mayor Pro Tem closed the public hearing. 423 424 City of Denton City Council Minutes February 21, 1989 Page 4 Cecile Carson, Urban Planner, stated that this was a request for an amendment to a planned development that was approved by the City in 1984. The original planned development included both single-family lots on 6,000 square feet, duplex and multi-family restricted zoning. There would be a reduction in density and intensity. The Planning and Zoning Commission had recommended approval. The following ordinance was considered: NO. 89-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR CERTAIN LOTS LOCATED WITHIN BLOCK A AND B OF THE AUDRA MEADOWS ADDITION, BEING A PORTION OF THE 16 ACRES OF LAND LOCATED WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 84-117 (PD-83), PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF ~2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAd.ams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance changing the zoning from the agricultural (A) zoning district to the general retail (GR) zoning district on approximately three (3) acres of land located on U.S. Highway 380 and approximately 2,100 feet west of Trinity Road. Petitioner was Gerald Brooks. The property was more fully described in the Moreau Forrest Survey, Abstract No. 417. If approved, the property may be utilized for any purpose in the general retail zoning classification. Z-88-022. (Planning and Zoning Commission recommended approval). The Mayor Pro Tem opened the public hearing. Morelte Miller, Realtor, spoke for the owners. She stated that the property was already in a retail area and would be compatible zoning. She requested approval of the ordinance. NO one spoke in opposition. The Mayor Pro Tem closed the public hearing. Cecile Carson, Urban Planner, stated that the tract o~ land located in a moderate node that the Council had approved earlier in the year. The node included property owned by RMB Realty which was zoned by the Council in October, 1988. The request would be compatible with the land uses in the Lakeview proposal. The Planning and Zoning Commission had recommended approval. 425 City of Denton City Council Minutes February 21, 1989 Page 5 The following ordinance was considered: NO. 89-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR THREE ACRES OF LAND LOCATED ON THE SOUTH SIDE OF U.S. HIGHWAY 380, 2,100 FEET WEST OF TRINITY ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. C. The Council held a public hearing and considered adoption of an ordinance providing for a change from Office District (O) to Two-Family Dwelling District (2-F) classification and use designation for Block 2, Lots 1-22 of the Southridge Addition and for Block 4, Lots iA, lB, and lC of the Southridge Center Addition; providing for a change from General Retail District (GR) to Multi-Family Dwelling District-1 (MF-1) classification and use designation for Block 2, Lot 3 of the Southridge Center Addition; providing for a change from Office District (O) to Multi-Family Dwelling Restricted District (MF-R) classification and use designation of Block 3, Lots 1-6, and Block 4R, Lots 1-11 of the Southridge Center Addition; providing for a change from Office District (O) to Multi-Family Dwelling-1 District (MF-1) classification and use designation for the Hollyhills Addition and the 3.809 acres of land located in the John McGowan Survey, Abstract No. 797, as more particularly described herein. Z-88-024. (Planning and Zoning Commission recommended approval). The Mayor Pro Tem opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor Pro Tem closed the public hearing. Mayor Stephens joined the meeting. Cecile Carson, Urban Planner, stated that this was a downzoning of the property to its actual use. Originally the property was zoned for general retail and office use. The Planning and Zoning Commission recommended approval. The following ordinance was considered: 426 City of Denton City Council Minutes February 21, 1989 Page 6 NO. 89-026 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE DISTRICT (O) TO TWO-FAMILY DWELLING DISTRICT (2-F) CLASSIFICATION AND USE DESIGNATION FOR BLOCK 2, LOTS 1-22 OF THE SOUTHRIDGE ADDITION AND FOR BLOCK 4, LOTS lA, lB, and lC OF THE SOUTHRIDGE CENTER ADDITION; PROVIDING FOR A CHANGE FROM GENERAL RETAIL DISTRICT (GR) TO MULTI-FAMILY DWELLING DISTRICT-1 (MF-1) CLASSIFICATION AND USE DESIGNATION FOR BLOCK 2, LOT 3 OF THE SOUTHRIDGE CENTER ADDITION; PROVIDING FOR A CHANGE FROM OFFICE DISTRICT (O) TO MULTI-FAMILY DWELLING RESTRICTED DISTRICT (MF-R) CLASSIFICATION AND USE DESIGNATION FOR BLOCK 3, LOTS 1-6, AND BLOCK 4R, LOTS 1-11 OF THE SOUTHRIDGE CENTER ADDITION; PROVIDING FOR A CHANGE FROM OFFICE DISTRICT (O) TO MULTI-FAMILY DWELLING-1 DISTRICT (MF-1) CLASSIFICATION AND USE DESIGNATION FOR THE HOLLYHILLS ADDITION AND THE 3.809 ACRES OF LAND LOCATED IN THE JOHN MCGOWAN SURVEY, ABSTRACT NO. 797, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF ~2000.00 FOR VIOLATZONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer 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. D. The council held a public hearing and considered adoption of an ordinance amending an existing Specific Use Permit in an agricultural zoning district. Petitioner was W. D. Byrne, representing YMCA of Metropolitan Dallas. The Specific Use Permit allowed the property to be used as a YMCA facility. If approved, the amendment would permit the relocation of a parking lot from the northern to the western boundary of the site. The property was located at the north west corner of Windsor Drive and Riney Road. Z-88-025. (Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. Bill Byrne, representing the YMCA, requested that the ordinance be approved. He requested that the Condition ~2 suggested by the Planning and Zoning Commission, that a permanently maintained fence be constructed on the north side of the property, be waived. The land on the north side of the property was strictly agricultural and would provide no benefit at this time. He had letter~ from the property owners in the area who did not want the fence. City of Denton City Council Minutes February 21, 1989 Page 7 Mayor Pro Tem Hopkins asked why the YMCA was asking for this exemption to the landscape ordinance. Bryne replied that there currently was a barbed wire fence along the property line and could be dangerous if ran into and also the cost factor of having to install the fence. Council Member McAdams stated that a solid fence could be put in instead of a living screen. This was a specific use permit and part of the requirements was to make it compatible with the area. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that in 1984 the City Council approved a specific use permit that allowed the YMCA to develop on the site. In 1987 an amendment was necessary to extend the time frame for development because the structure had not been constructed on the property. The City also required additional parking at the time and landscaping on the site and extended the conditions that had been approved in 1984. The Specific Use Permit would change the parking lot on the northern boundary line to a location which would be adjacent to the existing parking lot. This was felt to be an improvement because it would move it further away from the existing residential structures and place it in conjunction with the existing parking lot. The proposal for a specific use permit was evaluated by the Planning and Zoning Commission based on the criteria in the zoning ordinance and recommended approval as all seven conditions were met. Mayor Stephens stated that he was on the YMCA Board and excused himself from the meeting. The following ordinance was considered: NO. 89-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SPECIFIC USE PERMIT GRANTED BY ORDINANCE NO. 87-222 FOR A YMCA FACILITY LOCATED AT THE NORTHWEST CORNER OF WINDSOR DRIVE AND RINEY ROAD; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance with the conditions set by the Planning and Zoning Commission. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. 428 City of Denton City Council Minutes February 21, 1989 Page 8 Mayor Stephens.returned to the meeting. E. The Council held a public hearing and considered adoption of an ordinance granting a Specific Use Permit for a commercial amusement (outdoor) use in an agricultural zoning district. Petitioner was Scott Campbell. If approved, the property may be utilized as a miniature golf course and related building. The property was located on the south side of McKinney Street at its intersection with Cardinal Lane and was more fully described as a 2 acre tract in the M. Yaochum Survey, Abstract No. 1442. Z-88-026. (Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. Scott Campbell, petitioner, spoke in favor. He stated that the request was for Putt-Putt Golf and Games. Campbell described the club house and golf course along with the lighting and how the fixtures would provide the lighting but not bother any other area. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that the property was located in a low intensity area. The intensity was 42% over the intensity currently allowed. According to the Development Plan, the proposal should be evaluated looking at the least intense, most logical land use. The intensity for this use would be less than others to be considered. The Planning and Zoning Commission recommended approval as the request met the criteria for a specific use permit. The following ordinance was considered: NO. 89-028 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MINIATURE GOLF COURSE FOR TWO ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, AT ITS INTERSECTION WITH CARDINAL LANEt AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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. City of Denton City Council Minutes February 21, 1989 Page 9 F. The Council held a public hearing on a request to change the name of ?ockrus Road to Page Road. (The Historic Landmark Commission recommended denial and the Planning and Zoning Commission recommended denial). The Mayor opened the public hearing. Betty Richmond presented the Council with information concerning the naming of the road. She showed a copy of a 1962 map from the Plat Department of the City of Denton which showed the road as Page Road. She felt that it would be a hardship for everyone to change their personal items to Pockrus Road. Bills generated from the City were addressed as Page Road. Ms. Richmond presented other historical data concerning the area and the naming of the road and stated that the Page family would like the name changed back to Page Road. Council Member Boyd stated that there seemed to be very good claims on both side of the issue and asked if anyone had explored the possibility of an hyphened road, perhaps Page-Pockrus Road. Richmond replied it had been discussed but they had been told that that would make the name confusing and would be too long. Council Member Alexander asked Ms. Richmond to relate her remembrances regarding the changing of the name of the road. Richmond stated that they were not aware of any activity for a name change. Joe Stockton, spoke in favor of changing the name from Pockrus to Page. He stated that it would be an inconvenience to have to change personal items due to the name change of the road. Ken Owen, property owner in the area, stated that adjacent property had items stored on the property that did not become the area. He did not want to commemorate something that was an aggravation to him. Dr. Dale Odom, stated that when he was the Chairman of the County Historical Commission, 1969-1977, he spoke with an individual around 1975 requesting the name of the road be Page. He felt that they did have a good case for the name and was not sure how the name failed-to get in the records as Page. Beth Page Smithers, requested the Council to keep the name of the road as Page Road for historical purposes. 430 City of Denton City Council Minutes February 21, 1989 Page 10 Mally Page, present, ed historical background on the area. She felt that new things were sometimes necessary and when necessary it was nice to have new things. But when an old thing served the purpose just as well, the old things should be retained. The old name of Page Road served the area well and should be retained. Eileen Powell stated that all her records regarding her property state the name of Page which covered about 150 years of history. She reviewed the history of the area and how the Pages were very prominent in the area. James Singleton stated that he knew the road to be marked Page Road before it was changed to Pockrus. Frances Gregg spoke in favor. She stated that the Appraisal District got its 1988 appraisals from a map she received from the Plat Department and the map showed Page Road. Her tax bills and phone listings from 1973-1984 showed a Page address. In 1972 or 1973 she called the City of Denton to ask for a road name for her business. She was referred to Dr. Odom and was told that the decision was to name the, road Page due to historical value. Wilma Haggard stated that the Pockrus petition wording was historically incorrect. She showed maps of the Page property in the area. She felt that history was being preserved not for all but for just some. Alice Pockrus spoke in opposition to changing the name from Pockrus to Page. She presented the history of the naming of Pockrus Road and Pockrus family history in the area. She stated that the road had been named Pockrus since 1976 by the Denton County Commissioners. Dennis Pockrus stated that there had never been a sign on the road until 1972 when the name was Pockrus, not Page. The Commissioners named the road Pockrus because people knew where the Pockrus family lived. Clara Lawson presented family history of the Pockrus family and asked the Council to keep the road named Pockrus. Ms. Richmond was allowed a five minute rebuttal. Ms. Richmond stated that she moved to the area in 1976 and there was a sign on the road stating Page Road. The property owners and the residents wanted the road to stay as Page. A road did not need to be named after an eyesore. Perhaps a road or street in the Oakmont area could be named after the Pockrus family. City of Denton City Council Minutes February 21, 1989 Page 11 The Mayor closed the public hearing. Mayor Stephens asked the City Attorney to explain the form to reach a decision. Joe Morris, Assistant City Attorney, stated that the Council could take no action on the request or could instruct the staff to bring back an ordinance changing the name in accordance with the request. Elizabeth Evans, Planning Administrator, stated that the Planning Department had received a petition requesting the name change. As per policy, it was forwarded on the Historic Landmark Commission where they had a public meeting. Notices were sent to people whose names and addresses were on the petition. At the January meeting there was an additional petition asking that the Commission not change the name. On the petition to change the name to Page Road, there were 95 signatures, primarily residents and landowners on the road in question. The petition to not change the name had over 400 signatures but there were no identification addresses. She stated that there were at least 35 streets that had a name as .long or at least as long as Page-Pockrus or Pockrus-Page might be. Council Member Boyd stated that he felt a historic presence for the Page family and that an error had been made a long time ago. Boyd motioned, Alexander seconded to approve the request for the name change to Page Road and instruct the staff to prepare an ordinance to that effect. Council Member Gorton asked what type of vote was necessary. Assistant Attorney Morris stated a simple majority was proper. Council Member McAdams stated that she felt there was only two ways to solve the problem. Either hyphenate the name to Page-Pockrus or Pockrus-Page or change it to something else entirely. Council Member Ayer felt that both families deserved the name of the road. But could see no compelling reason to have one over the other. He could not see a logical reason to change again. Mayor Pro Tem Hopkins stated that the Council had upheld the previous name from the County Commissioners. If a decision was reached at this meeting, could the opposing party present another request to change the name again. Was there no end to the changing back and forth? 431 43'2 City of Denton City Council Minutes February 21,1989 Page 12 McAdams motioned, Hopkins seconded to amend the main motion to name the road Pockrus Page Road. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 5-2 vote. The Council then voted on the main motion as amended which would be to instruct staff to prepare an ordinance naming the road Pockrus Page Road. 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. G. The Council held a public, hearing on the proposed annexation by the City of Denton, Texas of certain property located along the Elm Fork of the Trinity River. (A-58). The Mayor opened the public hearing. No one spoke in favor. No 6ne Spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was the second public hearing on this annexation. With the assistance of Frank Martino, eight of the property owners had agreed to a voluntary annexation. Verification was needed with three other property owners for voluntary annexation. Direct contact was still needed with the Corps of Engineers and one property owner. No action was necessary at the meeting. If the Council continued with the schedule, institution would be at a special called meeting March 16. The instituting could be altered if there was not a unanimous agreement of the property owners. Consensus of the Council was to continue with the annexation schedule. Mayor Pro Tem Hopkins left the meeting. 3. The Council received a citizen's report from James Singleton regarding the sign ordinance. Singleton stated that he had a petition with 800 signatures indicating that they would like to see the sign ordinance enforcement date moved back 120 days. He stated that one objection to portable signs was that they were a traffic hazard. He talked to the Municipal Court, the Police Department, and Judge Mills and none of those reported portable ~igns as being the cause of a traffic problem. He felt that banners and stake signs were more expensive than portable signs and that portable signs were more effective and easier to use. He had been told that the sign ordinance would re-evaluated in City of Denton City Council Minutes February 21, 1989 Page 13 a year. He felt that that would not be effective. People who had portable signs up would not be taking them down after a year because there would be nothing wrong with them. Limited on-premise use of portable signs during the year would be an effective compromise. He stated that Mr. Carpenter from the Chamber told him that this was the best of the worst of evils that was presented to them. They did not want to back the ordinance but that was all the Chamber could do. Two members of the Governmental Relations Committee had resigned because the Chamber had backed the sign ordinance and they had been told differently. They were asking for a motion to delay the effective date of the ordinance 120 days to revise the ordinance. Mayor Stephens stated that the item was listed to receive a citizen's report and was not on the agenda for any Council action. He thanked Rev. Singleton for his comments and stated that the item would have been referred to the Planning and Zoning Commission but it was in fact already scheduled for their next meeting. 4. Consent Agenda Gorton motioned, McAdams seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: Bid ~9942 - Aerial Bucket Devices Bid ~9868 - Load Control Switches 3. P.O. ~ 89321 - Davis Utility Hyd., Inc. 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. 89-029 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. 434 City of Denton City Council Minutes February 21, 1989 Page 14 Gorton motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "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. 89-030 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, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of amending the schedule of rates for electrical adding a new schedule DL (Decorative Lighting). Utilities Board recommended approval). an ordinance services by (The Public Council Member Boyd left the meeting. Bob Nelson, Executive Director for Utilities, stated that this would be for decorative lighting on the Square. The group asked for the lights to stay on year round.- They were willing to pay the fee necessary in order to keep the lights on. There would be 22 customers on the Square. The following ordinance was considered: No. 89-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF RATES FOR ELECTRICAL SERVICES BY ADDING A NEW SCHEDULE DL (DECORATIVE LIGHTING); AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes February 21, 1989 Page 15 McAdams motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. Council Member Boyd returned to the meeting. D. The Council considered adoption of an ordinance amending the rates for commercial sanitation collection services in accordance with Chapter 12 of the Code of Ordinances of the City of Denton. Lloyd Harrell, City Manager, stated that this ordinance carried out the second half the charge implemented by Council last year. The following ordinance was considered: NO. 89-032 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE RATES FOR COMMERCIAL SANITATION COLLECTION SERVICES IN ACCORDANCE WITH CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance establishing fees for sign permits, licenses, and the registration of nonconforming portable signs, as provided for in article 17 of Appendix B-Zoning of the Code of Ordinances. Cecile Carson, Urban Planner, reviewed the new fee structure as to the size and fee required. She stated that fee structure would only include staff time and materials for the areas of licensing and registration of signs. The following ordinance was considered: NO. 89-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES FOR SIGN PERMITS, LICENSES, AND THE REGISTRATION OF NONCONFORMING PORTABLE SIGNS, AS PROVIDED FOR IN ARTICLE 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 435 436 City of Denton City Council Minutes February 21, 1989 Page 16 Ayer motioned, McAdams seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance calling and ordering an election to be held in the City of Denton, Texas, on May 6, 1989, and in the event a runoff election is required, on May 20, 1989, for the purpose of electing four councilpersons to the City Council of the City of Denton, Texas for Places 1, 2, 3, and 4; ordering that the punch card electronic voting system adopted by Denton County be used in said election; designating voting places and appointing election officials and providing for election supplies. The following ordinance was considered: NO. 89-034 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 6, 1989, AND, IN THE EVENT A RUNOFF ELECTION IS REQUIRED, ON MAY 2~, 1989, FOR THE PURPOSE OF ELECTING COUNCILMEMBERS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO PLACES 1, 2, 3 AND 4; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR ELECTION SUPPLIES; PROVIDING FOR NOTICE OF SAID ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Alexander seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution declaring that the land herein described was no longer needed by the public for road purposes and requested that the State of Texas release the land to the City of Denton at no cost. Lloyd Harrell, City Manager, stated that this resolution would start the process of getting the State to give the City the surplus property so as to have sufficient room for the new fire station. City of Denton City Council Minutes February 21, 1989 Page 17 The following ordinance was considered: NO. R89-012 A RESOLUTION OF THE CITY OF DENTON, TEXAS, DECLARING THAT THE LAND HEREIN DESCRIBED IS NO LONGER NEEDED BY THE PUBLIC FOR ROAD PURPOSES AND REQUESTING THAT THE STATE OF TEXAS RELEASE THE LAND TO THE CITY OF DENTON AT NO COST; AND DECLARING AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton 'aye," Ayer "aye," Boyd 'aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council was to have considered approval of a resolution requesting the closing of a portion of Bell Avenue from East Hickory to Prairie April 22 and 23, 1989 for Spring Fling. Thi~ item was pulled by staff. C. The Council considered approval of a resolution granting approval to the Denton County Housing Finance Corporation for the use of its series 1989 Single Family Mortgage Revenue Bonds for acquiring home mortgages related to homes within the City of Denton, Texas. Lloyd Harrell, City Manager, stated that the Denton County Housing Finance Corporation was in the process of issuing bonds for $16 million for financing for single family homes within Denton County. In order for individuals within the City of Denton to participate in the project, it was necessary for all municipalities over 20,000 in population to pass a resolution granting permission for the project to be offered to the residents within the City. The following resolution was considered: NO. R89-013 A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF ITS SERIES 1989 SINGLE FAMILY MORTGAGE REVENUE BONDS FOR ACQUIRING HOME MORTGAGES RELATED TO HOMES WITHIN THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 437 438 City of Denton City Council Minutes February 21, 1989 Page 18 7. The Council considered a motion to approve the Community Development Block Grant funding criteria. Ayer motioned, Gorton seconded to approve the criteria. Motion carried unanimously. 8. The Council considered a motion to approve the Human Services Committee's funding criteria. McAdams motioned, Ayer seconded to approve the criteria. Motion carried unanimously. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The January budget recap was presented in the agenda backup. B. Staff members were being asked to present a short write up on bills under consideration at the Legislature in their areas for Council's consideration. C. The County had informed the City that the Denton Food Bank was being displaced due to the remodeling of the Razor Building. The County had asked the City if it had any extra space to house the Food Bank. The City did not have any excess property or room at this time. Harrell asked Council's permission to contact the County and state that while the City was in support of the operation, it did not have any available space for it at this time. Consensus of the Council was to continue. 10. There was no official action taken during the Work Session Executive Session. 11. New Business The following items of New Business were suggested by Council Member for future agendas: A. Council Member Alexander requested a report on the number of and cost of repair of potholes in the City. B. Council Member McAdams asked that staff check on a potential bill justifying a tax on personal property. 12. The Council reconvened into the Executive Session to discuss legal matters, real estate (considered a water purchase from the City of Commerce, Texas), and personnel and board appointments (considered appointments to the Airport Advisory City of Denton City Council Minutes February 21, 1989 Page 19 Board, the Human Resources Committee, the Citizens Traffic Safety Support Commission and the Housing Task Force and continued evaluations of the City Manager, City Attorney, and Municipal Judge). No official action was taken. With no further business, the meeting was adjourned at 11:37 p.m. 439 E~ WALTERS SECRETARy CITY OF DENTON, TEXAS 3054C R YOR CITY O~ DENTON, TEXAS 440