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