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Minutes April 04, 1989CITY OF DENTON CITY COUNCIL MINUTES April 4, 1989 467 The Council convened into the Work Session at 5:30 p. m. in the Civil Defense Room. PRESENT: Mayor Pro Tem Hopkins; Council Members Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Stephens; Council Member Alexander The Council received a status report on the Risk Management Program. Harlan Jefferson, Risk Manager, presented a brief history regarding the City's- self-insurance fund. He reviewed the projected vs. actual losses in 1987 and presented a comparison of historical losses. He stated that safety programs had been implemented which helped keep the numbers down and that more programs were being implemented in the future. 2. The Council considered the Orr Street estimate and the use of bond funds. Rick Svehla, Deputy City Manager, stated that Orr Street would be more expensive to reconstruct that the other mentioned streets. Staff had suggested smaller areas to be redone due the small amount of money available. Consensus of the Council was to proceed with the other streets staff 'recommended and to put Orr Street on hold for the present time. 3. The Council considered a landscaping proposal for University Drive from I35 to Malone. Lloyd Harrell, City Manager, presented a history of the proposal. The City had been contacted by the local engineer from the State Highway Department regarding the replacement of curb and gutters from I35 to Malone. Along with that project, the State would be willing to remove the covering and some of the dirt covering the medians to assist with the City's replanting of the area. If the State would remove the material, the City would put in more dirt and do the landscaping. This would be a part of the City's goal to improve the entranceways to the City. The State had indicated that it would widen University to six lanes in that area in 1991 and the City would plan the landscaping so that if the widening did occur, the project would not be disturbed. Frank Robbins, Executive Director for Planning, reviewed the proposed costs for the landscaping. Owen Yosto Urban Planner, reviewed the types of plants that would be used. Those plants would be native to the area and once established, would not need a lot of water and care. 468 City of Denton City Council Minutes April 4, 1989 Page 2 Bill Claiborne, Beautification Task Force, stated that the plan was workable with a minimum of replacement cost if the street were widened. He felt it would be a benefit to the City as an improvement to one of the major arteries of the City. Chances were small that the State would widen University in the near future. Jerry Cott, Chamber of Commerce Governmental Relations Board, stated that the businesses in the area would view the street as an entrance to the City and not necessarily an entrance to the businesses. Therefore, they might not be willing to help financially with the maintenance of the pro~ect. Council Member Alexander ~oined the meeting. Consensus of the Council was to begin negotiations with the State regarding cost sharing and to do the City planting as efficiently as possible with caution given to maintenance. 4. The Council considered budget discussions with the City Attorney and the Municipal Judge. Sandra White, Municipal Judge, presented her budget needs for the next fiscal year. Those needs included (1) space needs if the Court of Record were implemented any time in the near future., (2) file cabinet needs and space to store the cabinets, (3) pro~ected additional salary needs for the alternate ~udge duties, and (4) automated ~ail arraignment process. Debra Drayovitch, City Attorney, stated that her budget would be a continuation of last year's budget with three main requests (1) another personal computer for the office, (2) funds for the second half of the republication of the Code of Ordinances, and (3)'the possible reclassification of the first assistant city attorney. 5. The Council convened into the Executive Session to discuss the emergency addendum item listed under legal matters (considered a response to Flow Regional Medical Center's motion to extend deadline for filing a plan in re: Flow), 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 Pro Tem Hopkins; Council Members Alexander, Ayer, Boyd, Gorton and McAdams. ABSENT: Mayor Stephens City of Denton City Council Minutes April 4, 1989 Page 3 1. The Council considered approval of a resolution of appreciation for Jean Yarbrough. The following resolution was considered: RESOLUTION NO. R89-025 RESOLUTION OF APPRECIATION TO JEAN YARBROUGH McAdams motioned, Alexander 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. Mayor Pro Tem Hopkins presented a proclamation for the "Week of the Young Child" accepted by Lynn Rogers. 2. The Council received an annual report from the Denton Visitors and Convention Bureau. Bob Woodin, Denton Visitors and Convention Bureau, presented projects/issues which included (1) current hotel/motel tax receipts, (2) the Hotel/Motel Association had been reactivated, (3) the Convention and Visitors Bureau continued to be a member of the Film Commission of North Texas which eacouraged movie making in the area, (4) the Farmer's Market was still in the planning stage, (5) the Bureau was supporting the concept of the Jones Farm, (6) past participation in Festival activities such as Spring Fling, County Seat Saturday, Jazziest, and the North Texas State Fair. Woodin stated that the Bureau would be spending more time on attracting conventions to Denton and would reduce the amount of staff time involved in the area festivals. Council Member McAdams asked if financial support would continue for the festivals even if the Manager's time would be reduced. Woodin replied that the Advisory Board would supply some funds but not as much. Joanne Ballentine stated that the total amount for the 6 events was approximately $3,500. An investment in a convention site would be better because the return on that investment would be greater. Even though her involvement would be curtailed and the funding eliminated, she did not feel that the festivals would suffer a great deal. 469 470 City of Denton City Council Minutes April 4, 1989 Page 4 Council Member McAdams stated that she was concerned with the impact on the City's budget if the City had to pick up the slack from the Bureau not participating in the festivals. Woodin stated that the Advisory Board had reservations about the Manager participating so much in the festivals and whether it was benefiting the convention aspect and the visitor's aspect. The Board was looking at where the funds come from, who provided the funds and what the original intent was for the funds. The Board felt that the festivals did not meet the objectives of the original law. Mayor Pro Tem Hopkins thanked the Bureau and representatives for their presentation at the meeting. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance on a petition of the City of Denton requesting a change in zoning from the General Retail (GR) zoning district to Multifamily-1 (MF-1) zoning district. The property was located east of Teasley Lane, south of 1-35, north of Londonderry Ln. and west of Westminister Dr. The property was more fully described as Southridge Center Addition, Block 1, Lots 1E, 2, 3, and a portion of 4. (Z-88-024) (The 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. Cecile Carson, Urban Planner, stated that this was the last portion of a City initiated zoning request. The Planning and Zoning Commission had recommended approval as it met all requirements. The following ordinance was considered: NO. 89-045 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM GENERAL RETAIL (GR) TO MULTI-FAMILY (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LOTS 1,2,3, AND 4 OF BLOCK 1, SOUTHRIDGE CENTER ADDITION, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes April 4, 1989 Page 5 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. 4. consent Agenda McAdams motioned, Ayer seconded to approve the Consent Agenda as presented. Motion carried unanimously. ae Be Bids and Purchase Orders: 1. Bid #9963 - Self-Contained Breathing Apparatus 2. Bid #9964 - Aerial Bucket Truck 3. Bid #9955 - Ambulance Type I Plats and Replats 1. Consider approval of the preliminary plat of the Denton Catholic Addition, Lot 1, Block A. (The Planning and Zoning Commission recommended approval). Tax Refunds 1. Consider approval of a tax refund for Lawrence B. Jameson/Independence One Mortgage Corp. 2. Consider approval of a tax refund for Burl D. Grose. 3. Consider approval of a tax refund for Commonwealth Savings Association for $1,004.58. 4. Consider approval of a tax refund for Commonwealth Savings Association for $4,363.64. 5. Consider approval of a tax refund for Commonwealth Savings Association for $7,076.37. Ce 471 472 City of Denton City Council Minutes April 4, 1989 Page 6 Council Member McAdams stated that in regards to the preliminary plat of the Catholic Church Addition, state law stated that if a plat met all requirements, it must be approved. She stated that there were problems between the residents and the Church regarding the Church's plans. Residents felt that the Church was not willing to talk with them regarding its plans and were concerned about traffic in the area. After a discussion regarding parking in the area, Council Member McAdams requested staff to prepare an ordinance restricting parking on portions of Pennsylvania. 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. 89-046 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. Gorton motioned, Ayer 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 appointing members to the Board of Directors of the Upper Trinity Municipal Water Authority, Inc. The following ordinance was considered: NO. 89-047 AN ORDINANCE OF THE CITY OF DENTON APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE UPPER TRINITY MUNICIPAL WATER AUTHORITY, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes April 4, 1989 Page 7 Ayer 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. C. The Council considered adoption of an ordinance repealing various sections of Article I and Article V of Chapter 14 (Miscellaneous) of the Code of Ordinances. Debra Drayovitch, City Attorney, stated that the purpose of the ordinance was to avoid duplication of statues enacted in the State Penial Code. The following ordinance was considered: NO. 89-048 AN ORDINANCE REPEALING VARIOUS SECTIONS OF ARTICLE I AND ARTICLE V OF CHAPTER 14 ("OFFENSES AND MISCELLANEOUS PROVISIONS") OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Ayer 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. This item was removed from consideration by staff. E. The Council considered adoption of an ordinance establishing fees for the parking lot/driveway permits required by Appendix A of the Code of Ordinances; and providing that the fees shall, when applicable, be included in fees charged and collected for building permits. Lloyd Harrell, City Manager, stated that the fees would be a part of the building permit fee unless a separate parking lot was being built. The following ordinance was considered: NO. 89-049 473 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; PROVIDING THAT THE FEES SHALL, WHEN APPLICABLE, BE INCLUDED IN FEES CHARGED AND COLLECTED FOR BUILDING PERMITS; AND PROVIDING FOR AN EFFECTIVE DATE. 474 City of Denton City Council Minutes April 4, 1989 Page 8 Ayer motioned, Gorton seconded to adopt the ordinance. Council Member McAdams stated that it was her understanding that the fee would not be added if the parking lot was in conjunction with a new building. City Manager Harrell replied that the permit fee was designed to cover the costs for performing the review function and inspection function for parking lots. If the fee were not incorporated into the building permit fee, the additional costs would have to be absorbed by the City. Council Member Ayer stated that he felt the ordinance was in conjunction with the wishes of the Council. Council Member Alexander felt that the fee was appropriate and should be approved. On roll vote, McAdams "nay," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried with a 5-1 vote. 6. Resolutions A. The Council considered approval af a resolution providing for the establishment of a Main Street Advisory Board. The following resolution was considered: NO. R89-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON CREATING A MAIN STREET ADVISORY BOARD TO FORMULATE A POLICY REGARDING THE CITY'S MAIN STREET PROGRAM; TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL CONCERNING THE ORGANIZATION, PROMOTION, DESIGN, AND ECONOMIC DEVELOPMENT OF THE MAIN STREET AREA, AND TO PROMOTE AND PRESERVE THE HERITAGE OF DENTON; AND DECLARING AN EFFECTIVE DATE. Gorton motioned, Ayer 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. B. The Council considered approval of a resolution temporarily closing a portion of Congress Street between Denton and Alice Streets for the annual Cougar Day at Calhoun Junior High School. City of Denton City Council Minutes April 4, 1989 Page 9 The following resolution was considered: NO. R89-027 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE. STREET AND DENTON STREET ON FRIDAY, MAY 12, 1989; AND PROVIDING FOR 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 Pro Tem Hopkins "aye." Motion carried unanimously. C. The Council considered approval of a resolution approving an interlocal agreement with the City of Wichita Falls relating to indigent health legislation. Lloyd Harrell, City Manager, stated that this was the first of three agreements dealing with the indigent health legislation. The City Council of Wichita Falls had already approved the resolution. Council Member Gorton stated that the legislation had the potential of saving $750,000 per year for potential liability with indigent health care. The following resolution was considered: NO. R89-028 A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE CITIES OF DENTON AND WICHITA FALLS; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer 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 updating the officers of the Denton Industrial Development Authority. The following resolution was considered: NO. R89-029 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARDS; AND PROVIDING FOR AN EFFECTIVE DATE. 475 476 City of Denton City Council Minutes April 4, 1989 Page 10 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. 7. The Council considered an appointment to the County Committee for Solid Waste Management. McAdams motioned, Alexander seconded to appoint Mayor Stephens to the Committee with an alternate available if necessary. Motion carried unanimously. 8. Miscellaneous matters from the City Manager. City Manager Harrell reported he had no additional matters for the Council. 9. There was no official action taken on Executive Session items of legal matters, real estate, personnel and board appointments. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Boyd requested a review of the fee schedule at the Martin Luther King, Jr. Recreation Center. 11. The Council reconvened into the Executive Session to discuss legal matters (considered a response to Flow Regional Medical Center's motion to extend deadline for filing a plan in re: Flow), real estate, and personnel/board appointments. No official action was taken. With no further business, the meeting was adjourned. C~TY SECRETARY CITY OF DENTON, TEXAS 3074C