Minutes July 11, 1989CITY OF DENTON CITY COUNCIL MINUTES
July 11, 1989
· The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Pro Tem Ayer; Council Members Alexander,
Boyd, Gorton, and McAdams.
ABSENT:
Mayor S~ephens; Council Member Hopkins
1. The Council received a presentation and held a
discussion of a proposal by Denton County Juvenile Probation
Department, concerning usage of the Denton County Juvenile
Diversion Program by the City of Denton Municipal Court.
Sandra White, Municipal Judge, presented the background
concerning the proposal. Currently, juveniles committing petty
thefts, assults, penial code violations, and city ordinance
violations were sentenced to do community service work for
their offense and were charged a special assessment fee.
Severity of the crime and past history played a part in the
type and amount of community ~ervice work to be performed.
Once that community service work was completed, the judgement
was dismissed. Staff was proposing with the new budget year, a
more concrete program for juvenile offenders which included
films and group sessions for mainly first time offenders.
After budget requests had been submitted, Denton County hhd
presented its program to the City. This program would be a
diversion program in addition to or in lieu of what the City
was already offering. The program would be used for more
severe cases or repeat offenders. The 18 hour program cost
$360 if recommended for all phases of the program with a
sliding fee scale based on income and number of family
members. The County was proposing splitting the remaining
costs with the City. The special assessment fee currently
charged juvenile offenders could be set aside to pay the County
for the City's share of the diversion program. White stated
that a small number of offenders from the City would be
referred, probably not more than 10 per year. She recommended
that the City participate on a trial basis to see how the
program worked.
Consensus of the Council was to allocate a small amount of
money to begin implementation and have the Judge review the
program as it proceeded and report back to Council.
2. The Council received the Human .Services Committee
funding recommendations.
City of Denton City Council Minutes
July 11, 1989
Page 2
· Dorothy Damico, Chair-Human Services Committee- presented the
recommendations from the Committee (See Exhibit A). She stated
that a needs assessment survey indicated a 60% need for health
care in the area. Two health related items were included in
the recommendation but no direct health areas. Damico stated
that the Committee felt transportation was receiving a larger
amount of money than other areas and stated that a future
recommendation would be to have the City provide transportation
in the City's budget. The Committee felt that it might be
helpful to know how much money was available before talking to
the different agencies.
Council Member Gorton asked for more information concerning
AIDenton.
Damico replied that it was an organization that did testing and
counselling along with other support for AIDS victims.
Council Member Hopkins joined the meeting.
Council Member McAdams asked for more detailed information
regarding AIDenton including background information, training,
money for~ phone service, how the money the City might give
would be spent, and the kind of budget AIDenton was dealing
with.
Mayor Pro Tem Ayer thanked Mrs. Damico for the Committee's
recommendation and stated that the recommendations would be
reviewed during the budget process.
3. The Council received an update concerning the GIS
System and considered authorization to proceed with time
schedule for Council consideration.
Rick Svehla, Deputy City Manager, presented a video regarding
GIS to the Council. He stated that the costing would be over a
five year period. There were three main categories of costs -
personnel services, one-time costs (machinery and software) and
on-going costs (maintenance). The one-time costs would be
charged to the Utility fund and the General Fund. The Utility
funds were already available and the General Fund costs would
be in the form of Certificates of Obligation over a period of
five years. Staff was recommending continuing with ESRI.
Consensus of the Council' was to proceed per staff
recommendations with a summary of Certificate of Obligation
costs before .recommending proceeding the the Certificates.
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City of Denton City Council Minutes
July 11, 1989
Page 3
'4. The Council did not convene into Executive Session
during the Work Session.
The Council the convened into the Regular Session at 7:00 p.m.
in the City Council Chambers.
PRESENT:
Mayor Pro Tem Ayer; Council Members Alexander,
Boyd, Gorton, Hopkins and McAdams.
ABSENT:
Mayor Stephens
Mayor Pro Tem Ayer announced that Item 7.F. would be moved to
Item 5.B. to allow for a public hearing.
1. The Council considered approval of the minutes of the
regular meetings of June 13 and June 20, 1989 and the special
called meeting of June 27, 1989.
Alexander motioned, Gorton seconded to approve the minutes as
presented. Motion carried unaminously.
2. The Council received a presentation of a resolution
from the Upper Trinity Municipal Water Authority, Inc.
Austin Adams, Upper Trinity Municipal Water Authority, Inc.,
presented a resolution of appreciation to the Council for
Council and staff support of the Upper Trinity Municipal Water
Authority, Inc.
3. The Council was to receive a presentation by County
Judge Vic Burgess regarding Denton County Day for Economic
Development.
Judge Burgess did not attend the meeting.
4. The Council received a citizen report from Bruce Olsen
regarding a drainage problem in the Oak Ridge Addition.
Bruce Olsen stated that he had had a drainage problem near his
home for the last two years. The area was the far east end of
Brandywine and the north side of Brierwood. There was standing
water in the streets and the streets were beginning to
deteriorate. He asked what could be done with the problem, was
it a problem of the City, the developer or the residents.
Mayor Pro Tem Ayer stated that staff would look into the matter
and provide Council with the necessary information.
City of Denton City Council Minutes
July 11, 1989
Page 4
'Lloyd Harrell, City Manager, stated that Deputy City Manager
Svehla and staff would meet with Mr. Olsen and other neighbors
to discuss the problems.
Public Hearings
A.The Council was to hold a public hearing and
consider adoption of an ordinance, petitioned by Pep Boys of
California, Inc. approving a Detailed Plan within PD 6.
Mayor Pro Tem Ayer stated that the petitioner submitted a
written request to postpone the public hearing until all seven
Council Members were present.
McAdams motioned, Gorton seconded to postpone the public
hearing until all Council Members were present. On roll vote,
McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye,"
Boyd "nay," and Mayor Pro Tem Ayer "aye." Motion carried with
a 5-1 vote.
B. The Council was to hold a public hearing on a
proposed ordinance setting a moratorium on the establishment of
sexually oriented businesses. (The Planning and Zoning
Commission recommended approval).
Council Member Hopkins questioned if Council was legally able
to hold a public hearing when it was not posted with the agenda
packet and the legal implications of holding such a public
hearing.
Lloyd Harrell, City Manager, stated that the item was
advertised in the newspaper at the appropriate time required
for public hearings on these kinds of changes. The notice
appeared in the newspaper on June 25, 1989 notifying that there
would be a public hearing held and consideration of the
ordinance.
Debra Drayovitch, City Attorney, stated that under the Open
Meetings Act of the State, all action that the Council took
must be listed on the agenda. The holding of a public hearing
was not necessarily an action item. However, this would not be
absolutely without challenge. It was likely that it would not
be challenged but she could not guarantee it.
Council Member Boyd asked if Council was obligated to hold a
public hearing.
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City of Denton City Council Minutes
July 11, 1989
Page 5
City Attorney Drayovitch stated yes if a zoning ordinance were
being changed.
Council Member Alexander restated that the problem was that a
public hearing was advertised in the newspaper but not listed
on the agenda as a public hearing.
Council Member McAdams asked if any of the provisions of the
ordinance that might violate the ordinance were currently
taking place.
Frank Robbins, Director for Planning, replied no.
Council Member Hopkins questioned that at some future date,
would the Council be liable for a legal challenge to the
ordinance if everything was not done as it should have been
done.
Alexander motioned, McAdams seconded to postpone the ordinance
until August 1, 1989. On roll.vote, McAdams "aye," Alexander
"aye," Hopkins "aye," Gorton "aye," Boyd "aye," and Mayor Pro
Tem Ayer Naye." Motion carried unanimously.
Consent Agenda
Council Member Hopkins requested Item 6.B.1. be pulled for
special consideration.
McAdams motioned, Hopkins seconded to approve the Consent
Agenda with the exception of Item 6.B.1. Motion carried
unanimously.
Bids and Purchase Orders:
1. P.O. #91213 - Smith Pump Company
Plats and Replats
Consider the preliminary replat of the W. W.
Wright Subdivision, Lot 2, Block 6, into
Lots 2A, 2B, 2C and 2D, Block 6. (The
Planning and Zoning Commission recommended
approval).
Tax Refunds
Consider approval of a tax refund for
Friendly Chevrolet (Eddins) for $706.44.
Consider approval of a tax refund for
Friendly Chevrolet (Eddins) for $744.27.
Consider approval of a tax refund for NCNB
Texas Bank (formerly Interfirst Bank) for
~2,231.55
City of Denton City Council Minutes
July 11, 1989
Page 6
'Item 6.B.1. was considered.
Council Member Hopkins requested to the name of the owner of
the property and what was intended for that property.
Owen Yost, Urban Planner, stated that the owner of the property
was William C. Collins who proposed to divide the property into
three lots which would be subsized. The original structures
would be maintained except for the Lot 3 structure which would
be demolished and a new two-story structure would be built.
The two-story structure would be a single-family home with SF-7
zoning. The applicant could not, without rezoning, build
anything but an SF-7 home.
McAdams motioned, Boyd seconded to approve Consent Agenda Item
6.B.1. Motion cakried unaminously.
B. Plats and Replats
Consider th~ preliminary replat of the
Wattam Addition, Part of Lot 3, Block 4 into
Lots 3A, 3B and 3C, Block 4. (The Planning
and Zoning Commission recommended approval).
7. Ordinances
A. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
The following ordinance was considered:
NO. 89-085
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams 'aye," Alexander 'aye," Hopkins "aye,'
Gorton 'aye,' Boyd 'aye," and Mayor Pro Tem Ayer "aye." Motion
carried unanimously.
City of Denton City Council Minutes
July 11, 1989
Page 7
B. The Council considered adoption of an ordinance
'accepting competitive bids and providing for the award of
contracts for public works or improvements. (Bid 99975 -
Laboratory Expansion - Interior)
Lloyd Harrell, City Manager, stated that this was the best bid
but not the lowest bid.
The following ordinance was considered:
NO. 89-086
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," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Pro Tem Ayer "aye." Motion
carried unanimously.
C. 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. (Bid ~9987 - Fire Hose)
City Manager Harrell stated that this bid was the best bid
submitted but not the lowest.
The following ordinance was considered:
NO. 89-087
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.
Hopkins motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Pro Tem Ayer "aye." Motion
carried unanimously.
D. 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. (Bid ~9995 - Asphalt, Emulsions and Road Materials)
City of Denton City Council Minutes
July 11, 1989
Page 8
City Manager Harrell stated that this was a bid tabulation for
materials used in the street building process. All items were
the low bid except for hot mix asphalt which would be picked up
by City trucks.
The following ordinance was considered:
NO. 89-088
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.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander 'aye," Hopkins "aye,'
Gorton "aye," Boyd "aye," and Mayor Pro Tem Ayer 'aye." Motion
carried unanimously.
E. The Council considered adoption of an ordinance
of the City of Denton, Texas, prohibiting the parking of
vehicles on Pennsylvania Drive; providing a severability
clause; and providing a penalty not to exceed two hundred
dollars. The portion of Pennsylvania to be restricted would be
the east side from its intersection with Teasley Lane to a
point 596 feet south and the west side from its intersection
with Teasley Lane to a point 496 feet south.
Rick Svehla, Deputy City Manager, stated that this ordinance
was recommended by the Citizens Traffic Safety Support
Commission for the area at the Southmont Baptist Church.
The following ordinance was considered:
NO. 89-089
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON PENNSYLVANIA DRIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye,' Alexander "aye,' Hopkins 'aye,"
Gorton 'aye," Boyd 'aye," and Mayor Pro Tem Ayer 'aye.' Motion
carried unanimously.
City of Denton City Council Minutes
July 11, 1989
Page 9
8. Resolutions
A. The Council was to considered approval of a
resolution postponing the regular Council meeting of July 18,
1989 to July 25, 1989.
This item was pulled by staff.
9. The Council considered authorizing the City Manager to
make application for a cost sharing agreement relating to the
landscaping of University Drive with the State Department of
Highways and Public Transportation, utilizing the expenditure
of $92,468.00 in bond revenues, plus a contingency of
$28,233.00 from bond revenues in accordance with the agreement.
Lloyd Harrell, City Manager, stated that Council had reviewed
this item in detail a few months ago. The action staff was
requesting was approval to start the formal process with a
formal application to the State to implement the project. If
approved by the State, a Minut~ Order would be issued and a
contract would follow for formal authorization from the Council.
Council Member Hopkins stated that she was unaware of the high
amount of money for the project.
City Manager Harrell stated that the total price had been
refined and was essentially the same as presented earlier.
Before, approximately $44,000 was to be taken out of the
Utility Fund to advance towards the project and then pay the
Utility Fund back through the new irrigation rate schedule that
the Council had adopted. Staff found it cheaper to fund the
irrigation money out of bond funds rather than from the Utility
Fund and not pay the ongoing charges that were associated with
the Utility contribution.
Council Member Boyd asked if there were some in-kind
contributions.
City Manager Harrell replied yes that the City always had to
contribute 50% of the total project cost to the State to
implement the project.
Council Member Boyd asked why the project was stopping at
Malone and not extending to Fulton.
City Manager Harrell stated the project came to the attention
of the City through a State issued construction project to
replace all of the curbing from I35 to Malone. At that point,
the State approached the City about the possibility of a joint
planting of the medians.
City of Denton City Council Minutes
July 11, 1989
Page 10
Eouncil Member McAdams stated that she was not aware of the
high cost of the project. She felt that there were other areas
that might need the money. $100,000 may be too much to spend
on such a project.
Council Member Alexander felt that this project was a wise use
of limited resources and urged that Council move ahead with the
project.
Council Member Hopkins asked how the medians would be properly
maintained.
City Manager Harrell stated that the '91 committee had
recommended bond fund money previously approved for street
projects be used for landscaping among other items. This would
not be new money out of the budget. Staff had recommended
positions in the upcoming budget for median maintenance.
Alexander motioned, Gorton
Manager to make application
unanimously.
seconded to authorize the City
with the State. Motion carried
10.
Miscellaneous matters from the City Manager
City Manager Harrell presented the following items:
A. Sales tax receipts from last month were favorable.
B. As the Mayor and Mayor Pro Tem would not be
attending the next Council meeting, a temporary chair was
needed.
Mayor Pro Tem Ayer opened the floor for nominations.
Gorton motioned, McAdams seconded to nominate Council Member
Hopkins as temporary chair for the July 18, 1989 Council
Meeting. Motion carried unanimously.
1t. There was no Executive Session held during the Work
Session.
12. New Business
The following items of new business were suggested by Council
Members for future agendas:
A. Council Member Hopkins asked about the status of
the letter to major employers of the City requesting volunteers
for City Boards/Commissions.
City of Denton City Council Minutes
July 11, 1989
Page 11
B. Council Member Boyd requested that licensing
agencies be included in that mailing as well.
C. Council Member Boyd asked for a report regarding
liability of Council and Board/Commission members.
D. Council Member Alexander asked for a work session
item regarding the City's obligation both from the engineering
standpoint and the legal standpoint relative to questions
regarding drainage.
Council Member McAdams stated that she would be attending a NLC
Committee meeting in August. She stated that the Committee
would be looking at recommendations regarding assult weapons or
other gun control measures and would be happy to forward
Council comments to the Committee.
13. The Council then convened in the Executive Session to
discuss legal matters (considered action in In re: Flow and
discussed Lincolnwood vs. City 'and Denton County vs. City),
real estate (discussed right-of-way acquisition alternatives on
Fort Worth Drive) and personnel/board appointments. No
official action was taken.
With no further business, the meeting was adjourned at 10:05
p.m.
CITY ~gF DENTON, TEXAS
CIT~)SECR~.TARY
CIT~'OF DENTON, TEXAS
3132C