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Minutes June 13, 1989CITY OF DENTON CITY COUNCIL MINUTES JUNE 13, 1989 The Council convened into the work session at 4:30 p.m. in the City Hall Parking Lot. PRESENT: Mayor Stephens: Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council participated in an on-site tour of South Locust and Myrtle Streets. Council considered procedural and design alternatives associated with closing portions of Myrtle Street and South Locust and the preliminary plat of the Eagle Point Subdivision. Consensus of the Council was to refer the matter to the Citizens Traffic Safety Support Commission for study. The Council then convened the Work Session in the Civil Defense Room of City Hall. 2. The Council considered a funding proposal for the Animal Control Center Expansion project. Bill Angelo, Director of Community Services, stated that bids were opened in January of 1989. The bids received were too high and the project was scaled down to the original budget estimates. In March of 1989, the bids were opened again and were $40.000 above the estimate. Angelo suggested several alternatives to remedy the problem: (1) scale down the project even further and rebid - if further reductions were made, the problem of space at the current facility would not be addressed, (2) have the City function as the general contractor and bid out the various component parts of the project - significant risks were associated with this alternatives such as no warranties/guarantees on the building and open-ended costs until formal bids were received, (3) finance the shortfall through Certificates of Obligations - this would not be a cost-effective approach as the amount would be very small, (4) finance the shortfall through savings in the Animal Control Operating budget - staff was recommending this alternative as the most appropriate course of action. Council Member Hopkins asked why there was such a difference between the bid amounts and the projected costs. Angelo replied that significant work was needed on the existing building thus resulting in an estimate what was not on target. Consensus of the Council was to proceed with the staff recommendation of financing the shortfall th[ough savings in the Animal Control Operating budget. 19 City of Denton City Council Minutes June 13, 1989 Page 2 3. The Council reviewed the the Denton County Emergency discussed District contracts. 1989 fiscal year budget of Communication District and Marilyn Milor, Denton County Emergency Communication District, stated that the numbers on the budget had been examined very carefully and that the District would be operating very conservatively. GTE had offered to finance the project with 0% interest over a five year period. A contract attorney had been hired to negotiate with GTE. Milor stated that it was possible to have an operational system approximately nine months after the signing of the contract with GTE but realistically it would probably be a year. 4. The Council received a presentation of summary report on the employee incentive program: Quality Search and final award winners. Lloyd Harrell, City Manager, reviewed the background of the program. Paulette Owens-Holmes, Assistant Personnel Director, stated that staff appreciated the support from Council to be able to put on these types of programs. 5. Council discussed and considered the Denton County Commissioner's proposal to allocate a portion of the county's road and bridge fund for use inside the City limits. Rick Svehla, Deputy City Manager, stated that Commissioner Jacobs was proposing that the County help fund road improvements within the City limits. Staff was recommending that a letter be sent to the Commissioners suggesting a meeting with the Commissioners and the cities interested in such a program and discuss how the funding would work. Council Member Gorton expressed concern that rural areas would feel that the cities were robbing them of funding for rural roads. Mayor Stephens asked where the funding would come from as the County was already short of funds for bridges, etc. City Manager Harrell stated that it would be important for cities to be active on how the funding was allocated. Consensus of the Council was to proceed with the staff recommendation of sending the Commissioners a letter suggesting a meeting regarding the proposal. City of Denton City Council Minutes June 13, 1989 Page 3 6. The Council convened into Executive Session to discuss legal matters, real estate and personnel/board appointments (considered appointments to all Boards and Commission of the City of Denton). The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens: Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council considered adoption of the minutes of the regular meeting of April 4 and 18, the special called meeting of April 25, the regular meeting of May 2, the special called meeting of May 9, the regular meeting of May 16, and the work session of May 23. Council Members Boyd and Gorton noted two typographical errors and asked for correction in the May 2 and May 9 minutes. Gorton motioned, Ayer seconded to approval the minutes with the noted corrections. Motion carried unanimously. Public Hearings proposed parks. A. The Council held a public hearing regarding the restriction of alcoholic beverages in certain City Lloyd Harrell, City Manager, stated that this was a request to the Park Board from Council to examine the current City ordinances regarding alcoholic beverages in City parks. The Park Board made a formal recommendation at the last work session. The Council requested a public hearing so that input could be received regarding the proposal prior to the time that a formal ordinance was considered. The hearing notice was published in the local newspaper both in the legal section and in the regular section in the paper along with a news story indicating the hearing. Steve Brinkman, Director of Parks and Recreation, stated that the proposed ordinance would restrict the consumption of alcoholic beverages in all neighborhood parks and two community parks that were used primarily for youth sports. The neighborhood park areas needed restrictions as there was a concern that the neighbors would not have a very good impression about t~eir neighborhood park. 21 City of Denton City Council Minutes June 13, 1989 Page 4 The Mayor opened the public hearing. Floyd Specht, spoke in favor of the ordinance. He lived near McKenna Park and stated that there was a lot of glass and beer caps in the park and that it was appropriate to pass such an ordinance. Doris Gray, a resident next to McKenna Park, stated that drinking at the park caused gang fights, sex in the parks in open areas, and urinating in the open both in the park and on her property. She stated it was men in the park causing the problem and not children or university students. She felt the park was devaluating her property and the neighborhood. A1 Harpool, a resident of the McKenna Park area, stated that there was a lot of loud noises from McKenna Park and that beer cans were everywhere. He asked the Council to do something about the situation. Ray McLester, another resident of the McKenna Park area, stated that in the two years he had lived in the area, the park had gone downhill. He stated that it was not families at McKenna Park but men drinking at the park. The proposed ordinance would not get rid of the problem but would get rid of the problem of men in the park getting drunk. Council Member Boyd stated that this ordinance would significantly restrict areas where residents could go to have a picnic and have a beer in the park. McLester stated that there was a significant problem at McKenna Park and that he was personally willing to take such a trade-off to solve the problem. Boyd stated that most of the acts mentioned were already illegal. McLester stated that that was true but that some of the acts would not happen if drinking were not allowed in the park. Council Member McAdams asked McLester if he observed if most of the men in the park were driving to the park or walking to the park. McLester stated that most of the men were driving to the park. A ~ew walked but most drove. City of Denton City Council Minutes June 13. 1989 Page 5 Charlotte Davis spoke in favor of the ordinance. She felt that there was a driving problem around McKenna Park with people driving fast past the park. She stated that there were beer bottles in her yard daily. Last summer a lady was assaulted near the park by men who had been drinking in the park. Her eleven year old daughter had been harassed by men in a car near the park who had been drinking. Mrs. James McBee spoke in favor of the ordinance. She stated that the people at the park drove in cars and that put everyone at risk. Charles Ginnings. a member of Highland Church near McKenna Park. stated that the park had changed during the year. People have come into 'services drunk and disrupted their church services. No one spoke in opposition. The Mayor closed the public hearing. Council Member Hopkins stated that she was in favor of proceeding with the ordinance as presented. Council Member McAdams asked if the City Attorney could look at the possibility of wording the ordinance such that parks could be added or deleted without the necessity of additional ordinances. She asked that staff check with the Police Department regarding control of the incidents such as were mentioned during the public hearing in the parks. Mayor Pro Tem Ayer stated that there was a serious problem at McKenna Park and that a number of arrests had been made recently in that area. He stated that the only way to control the problem was with constant patrol, constant presence of police officers. The City simply did not have enough officers to provide such a coverage in the parks. He favored moving forward with the ordinance as quickly as possible. Council Member Gorton felt that any future neighborhood parks should also automatically fall under the ordinance. Council Member Alexander felt that start in solving the problem and proceed with the ordinance as drafted. the ordinance was a good that the Council should City of Denton City Council Minutes June 13, 1989 Page 6 Council Member Boyd expressed concern that the ordinance may be more broadly worded than needed. If the problem was enforcing illegal activities in the parks, would not the proposed ordinance also require full time enforcement. The problem was not just in City parks but also in school playgrounds, parking lots, etc. Did those areas also need to be included in an ordinance. Council Member McAdams stated that her previous comment was not meant for automatic inclusion of new parks in the proposed ordinance but to have the flexibility to add or delete any type of park as circumstanced dictated. Mayor Stephens added that more picnic areas might be added to North Lakes to help accommodate those who might go to that park as opposed to others covered under the proposed ordinance. Consensus of the Council was to bring back a formal ordinance for the June 20th agenda. B. The Council held a public hearing and considered adoption of an ordinance .amending a planned development (PD-79). Petitioner was C. A. Ginnings. The zoning change would remove 13 lots from the planned development now designated for multi-family land use, and rezone the lots to SF-10 for single family dwellings with 10,000 square foot minimum lot sizes. The property was described as Lots 9-17 of Block 20 of the Royal Acres Addition - Section 7, Phase located on the west side of Yellowstone Road and Lots 1-4 of Block 23 of the Royal Acres Addition - Section 7, Phase I on the north side of Juno Street. If approved, the property may be utilized for any purpose allowed in the SF-iO zoning district. Z-89-005 (The Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. C. A. Ginnings spoke in favor of the petition. He was the owner of the property and would like to change the zoning to single-family from multi-family. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director of Planning, stated that the Planning and Zoning Commission had recommended approval. Infrastructure was in place to support the development and it was in accordance with the Denton Development Plan. City of Denton City Council Minutes June 13, 1989 Page 7 The following ordinance was considered: NO. 89-064 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-79) TO SINGLE FAMILY (SF-iO) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LOTS 9-17 OF BLOCK 20, ROYAL ACRES ADDITION, SECTION 7, PHASE I, LOCATED ON THE WEST SIDE OF YELLOWSTONE ROAD AND LOTS 1-4 OF BLOCK 23 OF THE ROYAL ACRES ADDITION, SECTION 7, PHASE I, LOCATED ON THE NORTH SIDE OF JUNO STREET: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams 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. C. The Council held a public hearing and considered adoption of an ordinance approving a detailed plan for a portion of a planned development (PD-41). Petitioner was Hammett and Nash, Inc. The property was located at the southeast corner of Loop 288 and East McKinney Street approximately 500 feet from the intersection. The land use proposed for the 1.951 acre tract was a medical laboratory and related offices. Z-89-004 (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. Frank Robbins, Executive Director of Planning, stated that this was a request for a detailed plan within PD-41 to allow a medical lab and related offices located near the corner of Loop 288 and McKinney. One driveway was proposed with access to McKinney. The parking lot layout met all applicable ordinance standards. All utilities were in place to support the proposed use of the land. The following ordinance was considered: 2¸6 City of Denton City Council Minutes June 13, 1989 Page 8 NO. 89-065 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN FOR 1.951 ACRES OF LAND, BEING A PORTION OF A PLANNED DEVELOPMENT DISTRICT (PD-41) LOCATED APPROXIMATELY 500 FEET WEST OF THE INTERSECTION OF LOOP 288 AND' EAST MCKINNEY STREET: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Gorton stated that the proposed user was Genetics Center and stated that it was going to be a lab and related offices. He asked if there were any more specifics on the actual use of the site and related office procedures. Robbins replied no except that it was a move from the existing location on Bolivar Street and an expansion to that site. Hopkins motioned, McAdams seconded to adopt the ordinance. 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. D. The Council held a public hearing and considered adoption of an ordinance amending a specific use permit (SUP-167). Petitioner was Morton Building representing Cumberland Presbyterian Children's Home, Inc. The property was located at 1304 Bernard Street. If approved, a 3,150 square foot maintenance and storage building may be constructed on the site. Z-89-007 (The Planning and Zoning Commission recommended approval). The Mayor opened the public hearing. Richard Good, representing Morton Building, spoke in favor of the petition. The building was needed at the Children's Home. No one spoke in opposition. The Mayor closed the public hearing. Frank Robblns, Executive Director of Planning, stated that the infrastructure was in place and was in accordance with the Denton Development Plan. The Planning and Zoning Commission recommended approval with conditions. City of Denton City Council Minutes June 13, 1989 Page 9 The following ordinance was considered: NO. 89-066 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AMENDMENT TO THE SITE PLAN FOR THE SPECIFIC USE PERMIT (SUP NO. 167) GRANTED BY ORDINANCE NO. 83-36 FOR A CHILDREN'S HOME LOCATED AT THE NORTHWEST CORNER OF BERNARD STREET AND GREENLEE STREET; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Alexander seconded to adopt the ordinance with the understanding that the items listed in Appendix B were to be met. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council considered item 5E. 5. Resolutions E. The Council considered approval of a resolution temporarily closing the 100 block of North Elm Street, 100 block of West Oak Street, 100 block of North Locust Street and 100 block of West Hickory Street on September 16, 1989. Stephanie Compton, representing the Central Business District Association, stated that petitions had been circulated and only two businesses were in opposition. Those in opposition were concerned with employees and patrons not being able to get to businesses. Council Member Boyd stated that he was not on the petition list and was not asked to sign a petition. His business was located on the Square. Compton stated she was not in charge of the petitions and did not know how that oversite occurred. Jesus Nava, Assistant to the City Manager, stated that the Fire Department and Police Department did not foresee any impact on services to the City if those streets were closed. The two businesses in opposition did have rear entrances that could be used. Council Member McAdams suggested a change in the resolution to begin the street closing at 6:00 a.m. instead of 8:00 a.m. to allow clearance of the streets. 27 ¸28 City of Denton City Council Minutes June 13, 989 Page 10 The following resolution was considered: No. R89-043 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 16, 1989; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Boyd seconded to adopt the ordinance with a change in the time from 8:00 a.m. to 6:00 a.m. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. Consent Agenda Hopkins motioned, Ayer seconded to approve the Consent Agenda. As Council Member McAdams had left the meeting, Mayor Stephens called for a roll call vote from the City Secretary. Before the roll call vote, Council Member Gorton requested that Item 3.B.1. be removed for special consideration. Mayor Stephens indicated that a motion and second had already been entered and that a vote must be taken as the Consent Agenda was not debatable. On roll call vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 4-3 vote. Alexander motioned, Hopkins seconded to reconsider the Consent Agenda vote. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "nay." Motion carried with a 6-1 vote. Council Member Gorton requested that Item 3.B.1. be removed for special consideration. McAdams motioned, Alexander seconded to approve the Consent Agenda with the exception of Item 3.B.1. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #9982 - Padmount Transformers Z. Bid ~9956 - Animal Control Expansion City of Denton City Council Minutes June 13, 1989 Page 11 B. Plats and Replats Consider the preliminary plat of the Road Runner Subdivision, Lot 1, Block A. (The Planning and Zoning Commission recommended approval). C. Tax Refunds Consider approval of a tax refund for Paul A. Lockhart, Jr. Council considered Item 3.B.1. Council Member Gorton stated that he had no further comment but did want his vote ~ecorded for this item alone. McAdams motioned, Hopkins seconded to approve Consent Agenda Item 3.B.1. 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. B. Plats and Replats Consider the preliminary plat of the Genetics Center, Lot 1, Block 1. (The Planning and Zoning Commission recommended approval). 4. Ordinances A. 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. 89-067 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. McAdams motioned, Hopkins 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. 30 City of Denton City Council Minutes June 13, 1989 Page 12 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. 89-068 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. Gorton motioned, McAdams 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. C. The Council considered adoption of an ordinance authorizing the execution of a revision to a contract between the City of Denton and Sunmount Corporation; and providing for an increase in the contract price. (Woodrow Lane sidewalks) Lloyd Harrell, City Manager, stated that the CIP '91 Committee had recommended usage of excess bond funds for sidewalks o~ City projects. This ordinance was a change order for sidewalks on the Woodrow Lane project. The following ordinance was considered: NO. 89-069 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REVISION TO A CONTRACT BETWEEN THE CITY OF DENTON AND SUNMOUNT CORPORATION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. McAdams 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 considered adoption of an ordinance accepting competitive bids and providing for the award o4 contracts for the purchase of materials, equipment, supplies or services. (Bid 99983 - Crossarm 'Switches) City of Denton City Council Minutes June 13, 1989 Page 13 Lloyd Harrell, City Manager, stated that the recommendation to the Council was not the low bid submitted but was the low bid meeting City specifications. As per Council request, the contract was submitted under a separate ordinance rather than in the Consent Agenda. The following ordinance was considered: NO. 89-070 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. McAdams 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. E. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (RFP #9943 - Janitorial Services for Martin Luther King, Jr. Recreation Center for balance of 1988-89). Lloyd Harrell, City Manager, stated that this was a similar case in which the recommendation from staff was not low bidder for the project. The following ordinance was considered: NO. 89-071 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. Ayer motioned, McAdams 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. F. The Council considered adoption of an ordinance amending a portion of Ordinance No. 68-50 relating to limitations of the parking of vehicles on Walnut Street, between Elm Street and Cedar Street; and providing for a penalty in the maximum amount of two hundred dollars ($200.00). (The Citizens Traffic SuPport Commission recommended approval). 31 City of Denton City Council Minutes June 13, 1989 Page 14 Rick Svehlao Deputy City Manager, stated that currently Walnut street was signed for two hour parking for its entirety. The Citizens Traffic Support Commission recommended removing a portion of that street from the two hour parking and making it unlimited parking. The Commission was recommending the section from Elm to Cedar to have unlimited parking in terms of hours. Council Member Hopkins stated that the street needed to have two hour parking limits. The banks and businesses in the area wanted two hour parking and felt it was in direct opposition to the support of the downtown area. The following ordinance was considered: NO. AN ORDINANCE AMENDING A PORTION OF ORDINANCE No. 68-50 RELATING TO LIMITATIONS OF THE PARKING OF VEHICLES ON WALNUT STREET, BETWEEN ELM STREET AND CEDAR STREET: AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS ($200.00). Hopkins motioned, Gorton seconded to deny adoption of the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion for denial carried unanimously. G. The Council considered adoption of an ordinance approving a contract with Doug Arnold, Ltd. to design and prepare specifications of a telephone system for the City of Denton, and assist the City of Denton staff in the evaluation and recommendation of the proposed system. The following ordinance was considered: NO. 89-072 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DOUG ARNOLD, LTD. FOR CONSULTING SERVICES RELATIVE TO THE CITY'S ACQUISITION OF TELECOMMUNICATIONS EQUIPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Alexander 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. City of Denton City Council Minutes June 13, 1989 Page 15 H. The Council considered adoption of an ordinance and Memorandum of Agreement for technical support by the Corps of Engineers and for establishing procedures for access and site activities by the City of Denton pursuant to federal energy regulatory license for FERC Project 3939 between the City of Denton (COD) and Corps of Engineers (COE) for Ray Roberts Hydroelectric project. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that as was the case for the Lewisville hydroelectric project, the City needed a site agreement with the Corps of Engineers for access to the site and easements for the site. The Corps would be reviewing plan specifications and providing inspection services during the construction of the hydroelectric project on Lake Ray Roberts. The following ordinance was considered: NO. 89-073 AN ORDINANCE OF THE CITY OF DENTON, TEXAS. AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF DENTON AND THE UNITED STATES ARMY CORPS OF ENGINEERS FOR ACCESS AND SITE ACTIVITIES ON THE HYDROPOWER PROJECT AT LAKE RAY ROBERTS; 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," Hopkins "aye,,' Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance of the City of Denton, Texas, approving a settlement and compromise agreement with Patsy Daniels. The following ordinance was considered: NO. 89-074 AN ORDINANCE OF THE CITY OF DENTON. TEXAS. APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT WITH PATSY DANILES: AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Hopkins 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. 3¸3 City of Denton City Council Minutes June 13, 1989 Page 16 5. Resolutions A. The Council approval of a resolution approving the 1989 fiscal year budget, as per Article 1432e V.A.T.S., as amended, of the Denton County Emergency Communication District. The following resolution was considered: NO. R89-039 A RESOLUTION APPROVING THE 1989 FISCAL YEAR BUDGET, AS PER ARTICLE 1432e V.A.T.S.0 AS AMENDED, OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT. Alexander motioned, Gorton seconded to approve the resolution. On roll vote, Mc~dams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Council considered Item 5.C. C. The Council considered approval of a resolution postponing the regular Council Meeting of July 4, 1989 to July 11, 1989. The following resolution was considered: NO. R89-041 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF JULY 4, 1989 TO JULY 11, 1989; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motioned, Ayer seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The Council returned to the regular agenda order. B. The Council considered approval of a resolution nominating a member to the Board of Managers of the DENCO Area 9-1-1 District. The following resolution was considered: NO. R89-040 ~A RESOLUTION NOMINATING A MEMBER TO MANAGERS OF THE DENCO AREA 9-1-1 DECLARING AN EFFECTIVE DATE. THE BOARD OF DISTRICT; AND City of Denton City Council Minutes June 13. 1989 Page 17 McAdams motioned, Hopkins seconded to nominate Olive Stephens. 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 considered approval of a resolution creating a Bicentennial Census Complete Count Task Force. The following resolution was considered: NO. R89-042 A RESOLUTION CREATING A CENSUS COMPLETE COUNT TASK FORCE TO PLAN AND IMPLEMENT LOCAL PROMOTIONAL ACTIVITIES FOR THE 1990 CENSUS. Gorton motioned. Alexander seconded to approve the resolution adding a new Section IV stating that "those members appointed May 23rd shall serve in the aforementioned capacity". On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye,,' and Mayor Stephens "aye." Motion carried unanimously. E. Item E. was considered earlier in the meeting. Miscellaneous matters from the City Manager. A. Deputy City Manager Rick Svehla presented a report on the wind damage done at the airport the morning of the meeting. 7. There was no official action taken on Executive Session items of legal matters, real estate, and personnel/board appointments. 8. New Business There were no items of New Business suggested by Council Members for future agendas. Mayor Stephens requested consent of the Council to allow a speaker to address the Council. Consensus of the Council was to allow the speaker to address the Council. Truman Harp, 2401 Robinwood, stated that his home had depreciated approximately $15,000 since the City took action ~or a water drainage easement· The easement reads a 10' easement to the side premise of the south side of his property. He was asking that the City place a grate over the street section of the flume which he used to use as an alleyway. He stated that the City was using a 14' easement instead oX a 10' easement· He felt that for consideration for the use of the piece of property, the City should consider opening the easement so it could used as an alley. 35 City of Denton City Council Minutes June 13, 1989 Page 18 Council Member Alexander asked communication relative to the request. Mayor Stephens asked for a report from implications of a grate in that area. for continued staff staff regarding the 9. The Council convened into Executive Session to discuss legal matters, real estate, and personnel/board appointments (considered appointments to all Boards and Commissions of the City of Denton). No official action was taken. With no further business, the meeting was adjourned. JE~IF~".R~;~LTERS CIT~ SECI{ETARY CITY OF DENTON, TEXAS 3115C