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Minutes March 07, 1989CITY OF DENTON CITY COUNCIL MINUTES MARCH 7, 1989 THE Council convened into the Work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Gorton and McAdams. ABSENT: Council Member Boyd 1. The Council considered proposed draft legislation to change laws governing military service buy-back provisions and probationary period buy-back for certain employees under TMRS. Lloyd Harrell, City Manager, stated that this item had been discussed during the last budget session and the Council wanted staff to pursue some type of legislative change for the current provisions. Tom Klinck, Director of Personnel, stated that there were three provisions to look at, Duy-back, prior service, and military service. A proposal had been presented to the TMRS Board in December 1988 and from that proposal a compromise program and legislation had been introduced. That legislation dealt with military service buy-back and probationary service time. Provisions for the military buy-back included up to 60 months/10 years of service, the employee would contribute $15 per month for each month of service and the City would contribute $30 per month for each month of service. A proposed change in this program would be that the City could amortize its contribution over a 25 year period. If adopted, it must be exercised within one year. Consensus of the Council was to oppose those provisions as they were not fair to other employees. The probationary period provisions would allow only those employees hired before January 1, 1977. The cost would be amortized over 25 years, be available to current employees only and must be exercised within one year. Consensus of the Council was to support those provisions. 2. The Council received a report regarding the proposed Development Plan Water and Sewer Lines. Lloyd Harrell, City Manager, stated that this plan would advance the Development Plan principles in such areas as industrial development and compact growth. Bob Nelson, Executive Director for Utilities, stated that the purpose of the plan was to achieve balanced growth in geographical and industrial areas. The financial commitment included $250,000 a year for water lines and $250,000 for wastewater lines. Action involved included the Public Utility Board and Planning and Zoning Commission developing criteria. 442 City of Denton City Council Minutes March 7. 1989 Page 2 Public hearings would be held with the CIP process, candidate lines would be prioritized in the CIP and infrastructure assistance process ($400,000 would be available for infrastructure assistance for qualified candidates). Nelson went on to explain the details of the workings of the plan. Consensus of the Council was to continue with the process. 3. The Council received information on Airport lease rates. Lloyd Harrell, City Manager, presented an overview of the long term prospect of the airport. Rick Svehla, Deputy City Manager, reviewed the airport set-up. He presented estimates of revenue from current rent and potential rent based on land classes. Land classes included closeness to the airport, access by land, and where improvements were. Svehla reviewed a survey of area airports regarding rates and lease rates. Council Member AYer stated that the City needed to be sure it was getting the maximum out of long term leases. He felt it might not be viable to have long term leases of 20-30 years unless the terms could be reviewed in 5 or 10 years. Deputy City Manger Svehla replied that many banks required long term leases in order to have a long enough time frame to pay back the loans. He stated that the CPI had helped keep increased costs in line. Council requested staff to prepare additional figures for a future study session to include a cost analysis at the airport, an annual cost report and income vs. expenses at the airport. 4. Council received a report from the Council sub-committee investigating the proposed closing of Bell Avenue for Spring Fling. Council Member McAdams stated that traffic would be redirected onto Industrial for safety purposes. There would be no events in the streets. Council Member Gorton stated that he drove the Industrial route and suggested that parking be restricted on the street during the time traffic was rerouted on it as it would be very difficult for any type of large truck to make proper turns if parking was allowed on the street. City of Denton City Council Minutes March 7, 1989 Page 3 5. The Council did not meet in Executive Session during the Work Session. The Council then convened in the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council Members Alexander, Ayer, Gorton and McAdams. ABSENT: Council Member Boyd The following proclamations were presented: "Save Your Vision Week" accepted by Dr. Coburn, Dr. Ragsdale, and Dr. Coble. 2. "Professional Social Work Month" accepted by Eileen Short. 3. "Texas Surveyors Week". accepted by Bill Coleman. The Council considered approval of the minutes of the · regular meeting bf February 7 and the special called meeting of February 14, 1989. Mayor Pro Tem Hopkins noted an error in the minutes of February 7, 1989 regarding an individual's name and requested a correction. Hopkins motioned, Alexander seconded to approve the minutes as corrected. Motion carried unanimously. 2. The Council received a report from the Chair of the Planning and Zoning Commission regarding the sign ordinance. Euline Brock, Chair-Planning and Zoning Commission, stated that the Commission reviewed the sign ordinance again at its meeting of February 22, 1989. They were specifically considering a citizen's petition. The item was listed as a consideration rather than a discussion so that a full public hearing and a vote could be made. An extensive public hearing was held on the initial request to postpone implementation of the amended sign ordinance for 120 days. The ordinance had just gone into effect the previous day and the Legal staff informed the Commission that postponement was impossible. Actually then, what was being discussed was a recommendation to amend the ordinance in some specific way, specifically the portable sign aspects of the ordinance. The Planning and Zoning Commission voted unanimously to recommend to the City Council that they consider no changes in the ordinance. Staff would report in a year and possibly schedule a work shop or public hearing to consider any proposals for revising the ordinance. The decision was based on two considerations: (1) the Commission 443 444 City of Denton City Council Minutes March 7, 1989 Page 4 did not hear any new arguments or new information that would persuade the Commission to change its mind, (2) the integrity of the process - there had been much publicity regarding the proposed sign ordinance and the portable sign provisions. The Planning and Zoning Commission upheld its earlier recommendation with with unanimous support and recommended no changes at this time. Item 7.A. was moved ahead in the agenda order. 7. Resolutions A. The Council 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. Carol Short, representing the Denton Festival Foundation, stated that the Spring Fling for 1989 would be held in a new location, in the area surrounding the Center for the Visual Arts. In order to provide as safe an area as possible, the Foundation was requesting the closing of Bell Avenue from E. Hickory to Prairie with traffic being rerouted on Industrial. Emergency services had been evaluated by the Police and Fire Departments and did not foresee any problems~ with the proposal. All surrounding business had endorsed the request. The following resolution was considered: RESOLUTION NO. R89-016 A RESOLUTION TEMPORARILY CLOSING BELL AVENUE ON APRIL 22-23, 1989; AND DECLARING AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to approve the resolution. Gorton motioned, Ayer seconded to amend the main motion as followed: change the intersecting street from East Hickory to Industrial and add "that parking on the east side of Industrial, from its intersection with Bell Avenue to its intersection with East Hickory, be suspended at 8:00 a.m. on April 22, 1989 and be resumed at 8:00 p.m. that date and to be suspended at 10:00 a.m. on April 23, 1989 and to be resumed at 7:00 p.m. on said date". On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor S~ephen~ "aye." Motion carried unanimously. Mayor Pro Tem Hopkins stated that she had mixed feelings about closing major arterials in Denton. She did not want to set a precedence that every group who rented the facility would have the street closed. The Council then voted on the main motion as amended. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes March 7, 1989 Page 5 The Council returned to the regular agenda order. Public Hearings A. The Council held a public hearing and considered adoption of a resolution adopting the boundaries of moderate activity center number 78 as part of Appendix A of the Denton Development Plan; and amending the intensity planning area boundary map. (The 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. Harry Persuad, Senior Planner, stated that the intensity areas were evaluated on physical features in the areas such as road, railroad, creek and flood plains. Land use, zoning location and shape of certain tracts of land, and property lines were also evaluated. Criteria in the Denton Development Plan judged the evaluations of the area. The following resolution was considered: RESOLUTION NO. R89-014 A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER NUMBER 78 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN; AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. B. The Council held a public hearing and considered adoption of a resolution adopting the boundaries of moderate activity center number 76 as part of Appendix A of the Denton Development Plan; and amending the intensity planning area boundary map. (Planning and Zoning Commission recommended approval). 445 446 City of Denton City Council Minutes March 7, 1989 Page 6 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Harry Persuad, Senior Planner, described the boundaries of the moderate node. The following resolution was considered: RESOLUTION NO. R89-015 A RESOLUTION ADOPTING THE BOUNDARIES OF MODERATE ACTIVITY CENTER NUMBER 76 AS PART OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN; AMENDING THE INTENSITY PLANNING AREA BOUNDARY MAP; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to approve the resolution. On roll vote, McAdams "aye," Alexander ~aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Stephens "aye." Motion carried unanimously. 4. The Council considered approval of street widths on Oak between Carroll and Bonnie Brae and on Hickory between Welch and Bonnie Brae. Lloyd Harrell, City Manager, stated that when the last street bond issue was approved by the voters, funds were included to reconstruct Oak and Hickory. During the last several months, the Engineering Department had been starting preliminary design work in preparation for bidding the streets with construction to begin sometime during the summer. The question that needed to be answered was the width of the two s6reets so that the Engineering Department could complete the design work and prepare the specifications for bid. Rick Svehla, Deputy City Manager, stated that there were four sections of the street that had been discussed. (1) Oak from Avenue G to Bonnie Brae - staff was recommending a width of 37' (2) Hickory from Bonnie Brae to Welch - staff was recommending a width of 37'. (3) Oak from Carroll to Avenue C - there was a lot of variance in the street width in this section - staff was suggesting either to follow the footprint or put the width at 37' (4) Oak from Jagoe to Avenue G - staff was suggesting either leaving the footprint with two lanes of traffic and two lanes of parking, or leave the footprint and remove one side of parking or widen to 41' and leave two lanes of traffic and two lanes of parking. City of Denton City Council Minutes March 7, 1989 Page 7 447 A discussion followed centering on parking in the area and proper street widths to accommodate parking. Mayor Stephens allowed audience comments. Dr. George Stewart, representing the West Oak Street Property Owners Association, presented the Council with petitions affirming the footprint option width and present parking with the exception of the corner of Jagoe and Oak. There was a parking problem in that area. Council Member Ayer asked Dr. Stewart to elaborate on the parking problem on Jagoe. Stewart replied that the traffic went from 3 lanes of traffic to one lane and that parking was allowed almost to the corner of Jagoe. He felt there needed to be a no parking zone in the area. McAdams motioned, Hopkins seconded to follow the recommendation by the Planning and Zoning Commission to proceed with the footprint of the streets except for the section of Oak Street from Avenue G to Bonnie Brae which would be reduced to 37' Discussion followed dealing with the standardizing the width of the streets to 37' all the way or keeping the footprint and whether the 37' should be for both Oak and Hickory. Council Member Boyd joined the meeting. Ayer motioned, Gorton seconded to amend the motion to narrow W. Hickory from Fouts Street to Bonnie Brae to 37' On roll vote, McAdams "nay," Alexander "nay," Hopkins "nay," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "nay." Motion failed with a vote of 4-3. Council then voted on the main motion. On roll vote, McAdams "aye,"' Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Mayor Stephens left the meeting. Consent Agenda City Manager Harrell stated that item 5.A.2. had been pulled by staff. 448 City of Denton City Council Minutes March 7, 1989 Page 8 McAdams motioned, Gorton seconded to approve the Consent Agenda as presented with the exception of 5.A.2. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 99947 - Fiberglass Streetlight Poles 3. Bid 99950 - Herbicides & Insecticides 4. Bid #9952 - Utility Poles 5. Bid ~9954 - Transformer Conversion 6. Bid ~9937 - 1988 Utilities C.I.P. 7. Bid ~9951 - Electrical Substation Package (Materials) Be P.O. ~89093 - Amwell - Clarifier Replacement Parts Excluding Drive Unit & Drive Unit Repair at Water Plant B. Plats and Replats Consider the preliminary replat of Audra Meadows, Lots 25 and 26, Block A; Lots 20 through 34, Block B; and Lots 27 through 47, Block A. (Planning and Zoning Commission recommended approval). C. Tax Refunds Consider approval of a tax refund for Kent W. Key/North Park Savings Consider approval of a tax refund for Luther McCrae Etal/Olney Savings Consider approval of a tax refund for Stanley D. Ivie/Olney Savings e Consider approval of a tax refund for Glen W. Justice City of Denton City Council Minutes March 7, 1989 Page 9 6. 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. 89-035 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. Alexander motioned, McAdams 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 considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 89-036 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; 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 Pro Tem Hopkins "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from only one source in accordance with tne provisions of state law exempting such purchases from requirements of competitive bids. The following ordinance was considered: 449 .50 City of Denton City Council Minutes March 7, 1989 Page 10 NO. 89-037 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING 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 Pro Tem Hopkins "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for the renaming of Pockrus Road to Pockrus Page Road. The following ordinance was considered: NO. 89-038 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF POCKRUS ROAD TO POCKRUS PAGE ROAD AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried with a 5-1 vote. E. The Council considered adoption of an ordinance awarding a contract for Individual and Aggregate Stop-Loss coverage to Southern Risk Specialists, Inc. Tom Klinck, Director of Personnel, stated that this was to improve reinsurance coverage on the City's employee health insurance plan, the stop-loss coverage. Currently the coverage was with Washington National Insurance Co. Due to claims experience, the Company changed the coverage to a less favorable coverage and shifted more of the risk to the City's plan. THe proposed company nad received a positive recommendation from Coopers and Lybrand. The following ordinance was considered: City of Denton City Council Minutes March 7, 1989 Page 11 451 NO. 89-039 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO ENTER INTO A CONTRACT BETWEEN THE CITY OF DENTON AND SOUTHERN RISK SPECIALISTS INC. FOR A STOP LOSS POLICY; 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 Pro Tem Hopkins "aye." Motion carried unanimously. 7. Resolutions A. Item A. was considered earlier in the meeting. B. The Council considered approval of a resolution temporarily closing Fry Street between the intersection of Oak Street and Hickory Street On Sunday, April 16, 1989 for the Fry Street Fair. Barry Morguloff spoke in favor of closing the street. He stated that this was the tenth annual fair and that proceeds would .go the the United Way and other charitable organizations in the City. He stated that the Fire Marshall and Police Departments had signed off on the closing and restrooms and dumpsters were already set for the day. The following resolution was considered: RESOLUTION NO. R89-01~ A .RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN THE INTERSECTION OF OAK STREET AND HICKORY STREET ON SUNDAY, APRIL 16, 1989; AND PROVIDING AN EFFECTIVE DATE. Alexander motioned, McAdams seconded tD 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. C. The Council considered approval of a resolution supporting the Denton Police Department Training Academy. Lloyd Harrell, City Manager, stated that this was a housekeeping matter which allowed the City to give recognized credit for in-house training done at the Denton Police Department. 4;52 City of Denton City Council Minutes March 7, 1989 Page 12 The following resolution was considered: RESOLUTION NO. R89-018 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING THE DENTON POLICE DEPARTMENT TRAINING ACADEMY; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton 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. D. The Council considered approval of a resolution approving the guidelines for funding and selecting Development Plan Candidate Water and Sewer Lines; providing for the process to be followed in approving Development Plan Candidate Water and Sewer Lines. (The Planning and Zoning Commission and the Public Utilities Board recommended approval.) The following resolution was considered: RESOLUTION NO. R89-019 A RESOLUTION APPROVING THE GUIDELINES FOR FUNDING- AND SELECTING DEVELOPMENT PLAN CANDIDATE WATER AND SEWER LINES; PROVIDING FOR THE PROCESS TO BE FOLLOWED IN APPROVING DEVELOPMENT PLAN CANDIDATE WATER AND SEWER LINES; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Gorton seconded to approve the ordinance. On roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried unanimously. Miscellaneous matters from the City Manager. Lloyd Harrell, City information: Manager, presented the following A. The City of Wichita Falls had ordinance to enter an agreement concerning lobbying for the indigent health care issue. now been received for a total of $30,000. passed a formal the legislative Commitments had B. A successful House appearance was perceived from the hearing on Tuesday regarding the indigent health care bill. City of Denton City Council Minutes March 7, 1989 Page 13 453 C. Judge Buddy Cole had indicated that a temporary home had been found for the Domino Club and the Food Bank in the MHMR Building. The Commissioners were asking the City to pay the utilities on the building as the City had done on the Razor Building. 9. There was no Executive Session held during the Work Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member McAdams suggested prepare for a future agenda supporting the independent medical examiner's office. Mayor Stephens returned to the meeting. resolution be concept of an B. Council Member McAdams suggested a calendar of events that the Mayor and other members of the Council were parkicipating in be prepared so that the entire Council could be aware of the ev.ents taking place. C. Mayor Pro Tem Hopkins requested a report on crime in the area of "Cement City". 11. The Council convened into the Executive Session to discuss legal matters, real estate and personnel and board appointments (considered appointments to the Airport Board, the Human Services Committee, the Citizens Traffic Safety Support Commission, the Library Board and the Low/Moderate Income Housing Task Force.) The Council reconvened into open session and took the following action: A. Boyd motioned, Alexander seconded to appoint George Gilkeson to the Airport Board, Ed Coomes to the Library Board, Alice Gore to the Citizen's Traffic Safety Support Commission and Reg Rezac to the Human Services Commission. Motion carried unanimously. With no further business, the meeting was adjourned at 9:35 p.m.  NIFER~ALTERS, CITY SECRETARY Y OF DENTON, TEXAS 3057C