Loading...
Minutes February 20, 1990CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 20, 1990 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer: Council Members Alexander, Boyd, Gotten, Hopkins and McAdams. ABSENT: None 1. The Council convened into Executive Session to discuss legal matters (considered action in Denton County vs. City and ~). real estate (discussion regarding a potential land acquisition for City space needs), and personnel/board appointments (considered appointments to the Building Code Board and the Airport Advisory Board). The Council then convened into Open Session. 1. The Council received and discussed a report and considered giving staff direction regarding co-sponsorship of baseball leagues. Carl Anderson, Chair-Park and Recreation Board, stated that the original issue was brought to the Park Board by a concerned citizen. As the issue developed, it was felt that both leagues wanted to [orm a unified group for youth baseball in Denton. Negotiations were conducted by the two groups with no conclusion because of the affiliation of the groups. On January 8. 1990. the Park Board asked both sides if there was a need to unify and form one group and the reasoning for that unification. The Park Board agreed with the groups that there needed to be one group. Both groups wanted the Park Board to decide on the affiliation with the City. The Park Board did not wish to make that decision because they felt in the best interest of the children that the groups should reach a decision jointly. Members from each group were appointed to continue negotiations. A compromise was worked out but approval was still needed by both boards. The Boys Baseball Board approved the agreement but the Denton Little League did not approve the agreement. At the January 22. 1990 Park Board meeting, the two groups were still stating that one unified group was in the best interest of the children but that they could not reach an agreement. At that point, a motion and second were made at the Park Board meeting that the co-sponsorship by the City be for Denton Boys Baseball. It was his understanding that Boyts Baseball was still trying to negotiate. It was still the Park Board's stance that there needed to be one group. 381 382 City of Denton City Council Minutes February 20, 1990 Page 2 Mayor Stephens stated that requests had been received from Denton Boy's Baseball and Denton Area Little League to speak at the Council meeting. As the item was already placed on the Work Session, he felt that this would be the best time to do so. Gary Matheson, representing Denton Boy's Baseball, stated that they supported the recommendation of the Park and Recreation Advisory Board. Their organization had always been willing to compromise. He presented background information on the events. At the beginning of the negotiating meetings, he stated that the purpose of the meetings would be to work out the groups differences and get them back together. During the third negotiating session, Little League presented a proposal which was to affiliate with National Little League for twelve and under and Dixie Baseball for thirteen and up. Further, Denton Youth Baseball Association, would be formed with both organizations donating equipment and other assets to the new organization. A board of directors would be formed with current members of each organization being appointed. It was noted that Denton Boy's Baseball was affiliated with Texas Teenage Baseball, not Dixie Baseball. Denton's Boys Baseball submitted two proposals. One proposal was to affiliate with Texas Teenage Baseball for twelve and under and Dixie Baseball for thirteen and up with the same proposal for reorganizing the board of directors as was proposed by Little League. The second proposal was to form a board under a new name and in accordance with the ideas presented by both prior proposals but not to affiliate with any organization for the upcoming season. Denton Boy's Baseball felt under the latter arrangements, a year of working together would help rebuild relationships. After this first year, the board would decide which a~filiation the one organization would pursue. The Denton Area Little League did not accept either of the proposals and indicated that nothing would be acceptable which did not include affiliation with National Little League. In a ~inal attempt at a settlement after a request from the Parks Board, Denton Boy's Baseball made a proposal to play Little League for twelve and under and Dixie for thirteen and up for the first year. 1990. The second year. 1991. play Dixie for twelve and under. The third affiliation would be determined a~ter comparing the two organizations and determining which would be in the best interest of the children. Denton Area L{ttle League did not accept the proposal amd had no other solutions to the problem. He noted that both organizations agreed that if a solution could not be reached, the Parks Board should make the decision. At the second meeting with the'Parks Board, Denton Little League representatives changed their position stating that Denton needed an alternative program and ~ha~ Li~le League was an excellent'p:ogram as it provided a more structured set of rules. He listed several questions he City of Denton City Council Minutes February 20. 1990 Page 3 felt the Council needed to ask the Little League among which were why did Little League agree to negotiate if it felt more than one one program was best. He requested that the Council support the decision made by the Parks Advisory Board. Mike Wiebe. representing Denton Area Little League. stated that the Little League had met with Boy's Baseball as a positioning procedure. The Little League had made a proposal which was rejected by Boy's Baseball and Boy's Baseball had countered with two proposals. Little League felt that neither proposal would be beneficial to Little League or the youth of Denton due to the lack of affiliation which they interpreted as a lack of playing structure. He had yet to hear a substantial reason or a logical reason why one organized program was beneficial. He agreed that there could be some benefits but did the benefits outweigh the position of choice. The Little League Board rejected the proposal for no Little League in 1991 as it would have meant the dissolution of Little League and they were not willing to give up what they had fought so hard to get. He stated that the principles on which Little League was formed clearly offered a choice, He asked for the Council's support and felt that Denton was organizations. Council Member McAdams stated significant complaints on how hard to deny that there were big enough to support two that in the past there were baseball was handled. It was problems if enough people felt strongly enough to form a 'new league which was entirely voluntary and not costing the City any money. A better approach was to try to get the existing groups playing' in a fashion that engendered less criticism about their approaches and then see about the possibility of having one group. She did not see that it was necessary to have one group. She wished that the Parks Board would sponsor both groups as they had done in the past and work to see if they could improve the programs. Council Member Hopkins stated that the first time she heard of an umbrella sports league was at the Parks Board meeting. She felt it was a contrary position to have one baseball program when the umbrella sports league was not formed yet. She was not against the umbrella sports league but since it was not done prior to the baseball season, it was unfair to not allow play under the same conditions as last year. There would be more playing fields this year which would help with the scheduling. She suggested playing ball as co-sponsor and work toward the umbrella sports league. Mayor Stephens left the meeting. 383 384 City of Denton City Council Minutes February 20. 1990 Page 4 Council Member Boyd felt that both leagues were trying to serve the interest of the youth and had not been persuaded that there was a reason to sponsor only one league. Mayor Stephens returned to the meeting. Council Member Boyd continued that he bad a problem with City government saying to one league or the other that they couldn't use the field. The umbrella organization might be able to work out compromises with the two leagues. He felt the City should allow both leagues to play under similar rules for at least the current year. Mayor Stephens stated that he found out last evening that a public service organization of which he was a member had entered into negotiations with one of the groups for a long term lease and use of property. He had not participated in open discussions but had discussed the issue with both groups either on the phone or in person to gather information on the situation. He asked the City Attorney if he should turn the meeting over to the Mayor Pro Tem or could he participate. City Attorney Drayovitch stated that if the Mayor felt that he could not be impartial, he was not required by law to file an affidavit but he may abstain from the vote. Mayor Stephens replied that he felt he could be impartial but he was concerned about the sense of proprietary involved. There might be an accusation of impropriety depending on how the issue was settled. Mayor Stephens left the meeting. ~'Council Member Alexander felt that there was still a very good "argument in the long-term for a unified league structure but he did not see any way that move could be done in the short-term. He felt that what was needed to do was to follow the suggestion to continue the current year with a dual structure but that the Council accept the responsibility to put some pressure back on both groups to continue negotiations for compromise. A deadline needed to be set which was shorter than a year from now so that the decision would be made before the beginning of the next year's baseball season. Council Member Gorton stated that he was strongly in favor of an umbrella organization. He was willing to co-sponsor two groups with an emphasis on the scheduling of games and not practices. Practices would be open reservations. He would not suppo=~ dual co-sponsorship in any other league in any othe~ sport. City of Denton City Council Minutes February 20. 1990 Page 5 Mayor Pro Tem Ayer shared in the hope that the issue could be resolved to the satisfaction of everyone. He felt that one of the compromise proposals which appealed to him as to have one league for twelve and under and one league for above twelve. There was not time to work the problem out now for the summer season. An interim arrangement was needed. He suggested taking Council Member Alexander's statement as a summary of the instruction to staff. Consensus of the Council was to follow Council Member Alexander's suggestion to continue the current year 'with a dual structure but that the Council accept the responsibility to put some pressure back on both groups to continue negotiations for compromise. A deadline needed to be set which was shorter than a year from now so that the decision would be made before the beginning of the next year's baseball season.. Council Member Alexander added that a close look was needed at the CIP program to see if enough had been done for the development of recreational programs. Work Session Items #2, #3, and #4 were not considered during the Work Session and were held for discussion at the Regular Session. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. Mayor Stephens returned to the meeting. PRESENT: Mayor Stephens: Mayor Pro Tem Ayer; Council Members Alexander. Boyd. Gorton. Hopkins and McAdams. ABSENT: None 1. The Council received a citizen's report from Don Grimes rega£ding-the cceation of an ordinance relative to the renting of hotel/motel rooms to juveniles. George Grimes first informed Council that he name was George and not Don. He stated that with the juveniles today the number one drug of choice was alcohol. He wanted Council to consider an ordinance that would prohibit a motel/hotel from renting a room to a juvenile. Anyone over the age of seventeen would have to show proof with identification such as a drivers license that they did not reside in Denton County or have a ma~or credit card to rent a room. From November to January 15. he watched hotels/motels on Friday and Saturday nights and noticed there was quite a bit o£ activity here by juveniles having parties. He felt that such an ordinance would help the police officers in Denton track the situation. 385 386 City of Denton City Council Minutes February 20, 1990 .Page 6 Public Hearings A. The Council held a public hearing and considered the ~inal replat of the Audra Meadows Addition, phase II: from Lot 27 into Lots 27 through 47, Block A. This 3.466 acre tract was located west of Loop 288, south of Audra Lane and east of Mockingbird. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Bud Hauptman, representing the petitioner, stated that the property was located on the south side of Audra Lane and was the last phase of the subdivision. At one time the property was a single lot and the replatting would divide the lot into 21 single lots. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins, Executive Director of Planning, stated that approximately a year ago, the Council had changed the planned development from multi-family to single-family. This was a platting in accordance with the approved detailed plan for the site. McAdams motioned, Gorton seconded to approve the replat. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Consent Agenda Mayor Stephens stated that 3.A.2. had been pulled at the request of the staff. McAdams motioned, Hopkins seconded to approve the Consent Agenda with the exception of 3.A.2. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1058 - Pickups & Trucks 3. Bid #1061 - Contract Concrete Work 4. Bid #1063 - Fiberoptics P.O. #94969 - Lone Sta= Gas Service Line for Fire Station #5 B. Change Order Sunmount Corporation - Bonnie Brae paving, Drainage & Sidewalk City of Denton City Council Minutes February 20, 1990 Page 7 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts fo~ the purchase of materials, equipment, supplies or services. (3.A.1. - Bid #1058: 3.A.4. - Bid 91063) The following ordinance was considered: NO. 90-020 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, 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. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (3.A.3. - Bid 91061) The following ordinance was considered: NO. 90-021 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. Hopkins 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 "~ye." Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Mayor .to execute an agreement between the City of Denton and Lone Star Gas Company for extending gas piping in Payne Drive from Crestmeadow to Bonnie Brae in the City of Denton. Denton County. Texas. (3.A.5. - P.O. #94969) The following ordinance was considered: 387 388 City of Denton City Council Minutes February 20. 1990 Page 8 NO. 90-022 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND LONE STAR GAS COMPANY FOR EXTENDING GAS PIPING tN PAYNE DRIVE FROM CRESTMEADOW TO BONNIE BRAE. IN THE CITY OF DENTON. DENTON COUNTY. TEXAS; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned. Ayer seconded to adopt the ordinance. On rnll 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 authorizing the execution of a change order to a contract between the City o~ Denton and Sunmount Corporation and providing ~or an increase in the contract price. (3.B.1. - Bid 99977) The ~ollowing ordinance was considered: NO. 90-023 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER 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. 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. E. The Council considered adoption of an ordinance amending Section 5-3 of Chapter 5. Article I (Building Code) of the Code of Ordinances of the City of Denton to provide for energy conservation requirements in certain apartment buildings; providing for a penalty in the maximum amount of $500.00 for violations thereof; providing ~or a severability clause; and providing for a repealer. (The Building Code Advisory Board recommended approval.) The following ordinance was considered: City of Denton City Council Minutes February 20. 1990 Page 9 NO~ 90-024 AN ORDINANCE AMENDING SECTION 5-3 OF CHAPTER 5. ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR ENERGY CONSERVATION REQUIREMENTS IN CERTAIN APARTMENT BUILDINGS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE: PROVIDING FOR A REPEALER; 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. F. The Council considered adoption of an ordinance abandoning and vacating a portion of Underwood Street. located immediately west of its intersection with Avenue A. as a public street; reserving a utility easement therein. (The Planning and Zoning Commission recommended approval.) Rick Svehla. Deputy City Manager. stated that this ordinance dealt with the reconstruction and new design of the Avenue A and Underwood intersection to provide for more sight distance. This would allow for better traffic flow. The following ordinance was considered: NO. 90-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF UNDERWOOD STREET. LOCATED IMMEDIATELY WEST OF ITS INTERSECTION WITH AVENUE A, AS A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. Hopkins 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. G. The Council considered adoption of an ordinance providing Rules of Procedure for the City Council of Denton. Texas; providing a severability clause; and amending ordinance No. 81-35. 389 390 City of Denton City Council Minutes February 20, 1990 Page 10 Council Member Boyd suggesting adding to page 4, paragraph 3.3 that no outside reading materials be brought into the Council Chambers. He thought that might be a good rule as it added to the dignity of the occasion. Council Member McAdams felt that someone attending the meeting for one item at the end of the meeting should not have to sit and listen attentively for the whole meeting. The following ordinance was considered: NO. 90-026 AN ORDINANCE PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON. TEXAS; PROVIDING A SEVERABILITY CLAUSE; AMENDING ORDINANCE NO. 81-35; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Alexander to adopt the ordinance as presented and consider at a later date the option suggested by Council Member Boyd. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance of the City o~ Denton, approving a compromise settlement and release agreement with Dianne Scruggs. The following ordinance was considered: NO. 90-027 AN ORDINANCE OF THE CITY OF' DENTON. APPROVING A COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH DIANNE SCRUGGS; 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. I. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton. Texas and Denton County Electric Cooperative. Inc.. an electric cooperative corporation organized under Article 1528b. Revised Civil Statutes of Texas for the joint use of wood poles in Lewisville, Texas. (The Public Utilities Board recommended approval.) City of Denton City Council Minutes February 20, 1990 ,Page 11 391 Ernie Tullos. Director of Utilities, stated that this was a line to the Lewisville substation. A double circuit would be built by the Co-op from section A-B and the City of Denton would built a section from B-C. At some future date, the Co-op would have the right to build on the poles from B-C. The City of Denton would design the project and pay the Co-op for construction. The following ordinance was considered: NO. 90-028 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. AN ELECTRIC COOPERATIVE CORPORATION ORGANIZED UNDER ARTICLE 15ZSb, REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF WOOD POLES IN LEWISVILLE, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Alexander 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. J. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the North Texas Fair Association for the payment and use o~ hotel tax revenue. Mayor Stephens read a communication from the various groups receiving hotel tax revenue requesting' a delay in Council consideration until the individual boards could meet and discuss the contracts. Council Member McAdams asked when the contracts were sent out to the various entities. City Attorney Drayovitch replied Thursday morning. Council Member McAdams Celt that there was some validity to the request for an extension of time. Council Member Alexander had no obiection to an extension of time to be able to take the contracts to individual boards but expressed a concern regarding the time extension of the current contracts. Action would not be taken on the contracts,until the middle of March. 392 City of Denton City Council Minutes February 20, 1990 Page 12 Mayor Stephens stated that the Denton County Historical Commission would be meeting March 1, 1990, the Denton County Historical Museum would meet February 26, 1990. He felt it would be appropriate to allow the boards to discuss the contracts. He stated that there was some concern regarding the wording for the percentage allocation. The Denton County Historical Museum felt that if the next year amount was less than the current year amount, they would like to receive 100% of that year. If the next year amount was g£eater, then they would agree to the sliding scale. Council Member Alexander stated that he would not have a problem including the items on the March 13, 1990 agenda if that did not put any of the existing relationships in jeopardy. City Attorney Drayovitch replied that notice of termination was given in September and returned to the City the first week in October. She did not see a problem with an extension but did have a concern regarding she being the one to decide whether changes to the contracts would be appropriate. The contracts could be placed on the March 13, 1990 agenda but they could not remain open-ended. Alexander motioned, Gorton seconded to agree to extend the existing contractural relationships with the various entities except for the North Texas Fair Association through March 31, 1990 and the various items £elating to contract approval be placed on the March 13, 1990 agenda. Clota Vaughn, Denton County Historical Museum, suggested presenting any reservations regarding the contracts to the Committee before they were presented to Council. Council Member Alexander replied that he felt the proper procedure would be to make any reservations known to the City Attorney and also Council if appropriate. He did not feel it was necessary to return to a Committee process. Mayor Pro Tem Ayer suggested placing the items on the work session for the March 13, 1990 agenda and also on the regular meeting for action. Ms. Vaughn ~tated that they would be pleased to work with the City Atto£ney. She stated that there would be a difficulty if the proposal were presented to her board on February 26, 1990, brought to the Council on March 13, 1990 only to discover that it was not agreeable to the Council, then they would be out of time. Council Member Hopkins stated that the contract as presented was agreeable to the Council so that if it were brought back without changes, there would be no problem. City of Denton City Council Minutes February 20, 1990 Page 13 Vaughn replied that it would not be brought back without any changes. It would be up to the Council to decide if the changes were substantial. Mayor Stephens replied that he understood that a small amount of extra wording to the contract which was not substantive but merely explanatory would satisfy the Historical Commission. City Attorney Drayovitch replied that if the wording was what was suggested earlier, that would be a substantive change. Mayor Stephens stated that he thought that was the intent earlier, not to reduce any one but to affect the percentages as receipts increased over the years. Council Member Alexander stated that he felt the existing contracts as currently written clearly reflected the direction that Council gave to the Attorney at the last work session. If the Council was going to change position from that content, then it needed to be done by Council vote as a whole. Council Member McAdams asked Council Member Alexander if he understood that Council was saying that if the receipts were the same, the entities would receive less. Council Member Alexander replied that they agreed that percentages would be established and that any funds that might be generated from that allocation would go into a reserve pool. Any entity which might find in a given year, that its funds fell below the previous year. that would be grounds on which to make a request to Council for receipt from that reserve pool. The purpose of the percentage allocation was to generate a reserve. To go back to the other proposed idea was to substantially change the nature of the whole contract agreement and he was not prepared to to that. Mayor Stephens stated that he thought they had not intended to lower the amounts but that once it stayed at that amount or above, then the percentage would kick in and go into the reserve pool for special projects either by the groups or the the City. Mayor Pro Tem Ayer agreed with Council Member Alexander's interpretation of what was decided. There would be a pool and if an entity fell short and had a legitimate need for additional funds from the pool, then the Council might be in position to provide those funds. That was what he had agreed to and was what he was prepared to sustain. 393 394 City of Denton City Council Minutes February 20. 1990 Page 14 Council Member Boyd felt that the original motion was appropriate. Ii any change needed to be made, it needed to be one that was fairly insignificant and one that could be made by amendment at the next meeting. If it was not insignificant and the entities felt strongly enough that they would rather not have funding than to have funding under these conditions, then they could run that risk. Council voted on Council Member Alexander's motion. On roll vote. McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye." Ayer "aye." Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The following ordinance was considered: NO. 90-029 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Gorton 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. Items 4K - 40 were not considered. 5. Resolutions A. The Council considered approval of a cancelling the regular Council meeting of March calling a Special meeting to be held March 13. 1990. Council Member Boyd pointed out that March 13 election night and also precinct meeting night. might not be the best night ~or a meeting. The following resolution was considered: resolution 1990 and was primary He felt it NO. R90-005 A RESOLUTION CANCELLING THE REGULAR COUNCIL MEETING OF MARCH 6. 1990 AND CALLING A SPECIAL MEETING TO BE HELD MARCH 12, 1990; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Gorton seconded to approve the resolution with an amendment to hold the special called meeting on March 12. 1990 and any previous motions setting other agenda items for March 13th would be changed to March 12th. 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 February 20. 1990 Page 15 B. The Council considered approval of a resolution by the City Council of the City of Denton. Texas. relating to the issuance of obligations by the North Texas Higher Education Authority. Inc: approving the issuance of such obligations and the use of the proceeds of such obligations: and making certain findings in connection therewith. The following resolution was considered: NO. R90-006 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON. TEXAS. RELATING TO THE ISSUANCE OF OBLIGATIONS BY THE NORTH TEXAS HIGHER EDUCATION :AUTHORITY, INC.: APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS: AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. 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. C. The Council considered approval of a resolution authorizing the Mayor to execute a contract agreement between the City of Denton and the City of Farmersville. Texas for the sale and purchase of wholesale electric service. (The Public Utilities Board recommended approval.) The following resolution was considered: NO. R90-007 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF FARMERSVILLE. TEXAS FOR THE SALE AND PURCHASE OF WHOLESALE ELECTRIC SERVICE: AND PROVIDING AN EFFECTIVE DATE. Boyd motioned. Ayer seconded to approve the resolution. On roll vote. McAdams "aye." Alexander "aye." Hopkins "aye," Gorton "aye." Ayet "aye." BOyd "aye." and Mayor Stephens "aye." Motion carried unanimously. D. The Council considered approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and Texas Waste Management. Inc..: and authorizing the City Manager to execute all license agreements entered into pursuant to Chapter 12 of the Code of Ordinances. 395 396 City of Denton City Council Minutes February 20. 1990 · Page 16 The following resolution was considered: R90-008 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS WASTE MANAGEMENT. INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL LICENSE AGREEMENTS ENTERED INTO PURSUANT TO CHAPTER 12 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. McAdams motioned. Hopkins 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. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, stated that he only had the work session items not considered earlier. 7. There' was no official action taken during the Work Session Executive Session. 8. New Business No member o~ the Council had an item of New Business for future Council agendas. Council Member Gorton left the meeting. The Council considered Work Session Item #2. 2. The Council received a report and considered giving staff direction regarding the Highway 2499 project. Rick Svehla. Deputy City Manager. stated that at the February meeting, the 2499 Task Force received a draft report from the consultant. The consultant was now talking about specific alignments from 2181 north to 35E. All of the routes were feasible by the consultant. This meant that it met a certain criteria for cost per vehicle mile - under $200 per vehicle mile. options 94 and 93A went from 2181 to the p£oposed Loop with the cost of the Loop not included. Council Member Gorton returned to the meeting. City of Denton City Council Minutes February 20, 1990 Page 17 397 Svehla continued that the report contained two suggestions - one was the locally preferred option which was #4. The second suggestion was the technically preferred option which was #5 as it cost the least. The consultant asked the Task Force to present the preliminary report to their respective Councils and ask for comments so that the comments could be included in the final report which would be submitted to the Highway Department. Mayor Stephens stated that in the discussions with the City Manager. Deputy City Manager, and Denton representatives, the first priority was that the road be built. The second priority would be to shape the project so that it would fit the needs of Denton's citizens. Consensus of the Council was that the first priority was to have the road built and that the preferred route would be #4. The Council considered Work Session Item #3. 3. The Council held a discussion and considered giving staff direction regarding the ETJ boundary along Hickory Hill Road. ~ Harry Persuad, Senior Planner, stated that two issues had come to light recently regarding Denton's ETJ in the south and along Hickory Hill Road. Copper Canyon had interest in the development of lands located in Denton's ETJ north of Hickory Hill Road. They had suggested a possibility for an agreement line along Hill Top Road. Staff had reviewed the area and had determined that' the current appraised value of properties in that area to be approximately $2.58 million and vacant land, currently under an agriculture exemption had an appraised value of $0.61 million. Hickory Hill Road was a strategic east-west arterial which provided an easy discernible ETJ line to the south of Denton, Staff was recommending the denial of Copper Canyon's request to release that portion of Denton's ETJ. Alexander motioned, McAdams seconded to communicate to Copper Canyon that their request to release a portion of Denton's ETJ was denied. On roll vote. McAdams "aye," Alexander "aye," Hopkins "aye." Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. The second issue involved the cities of Argyle and Bartonville with a joint interest in an area on the southwest corner of FM1830 and FM407 located in Denton's ETJ. Argyle had informed the City that they and Bartonville were in the process of negotiating a line between the two cities. The area was north of and contiguous to Bartonville city limits and east o~ and contiguous to Argyle city limits. Staff recommendation was 3'98' City of Denton City Council Minutes Feb£uary 20, 1990 Page 18 that Bartonville and Argyle work out an agreement line and when negotiations were completed, Denton would release the area based on that line. Consensus of the Council was that Denton would release the area only after an agreement had been reached between Argyle and Bartonville. The Council considered Work Session Item #4. 4. The Council received a report and considered giving staff direction regarding proposed amendments to drainage requirements and design standards. Jerry Clark, City Engineer, stated that the issue was originally approved by the voters in 1986 as part of the Master Drainage Plan. The previous regulations were based on data from 1979 and the existing design manual was from 1975. A good deal of the information was out-of-date, not specific and needed modernization. Clark reviewed a comparison chart of the current regulations and proposed regulations. (Attachment A) Clark continued that a positive direction was taken toward the preservation of natural habitats and credit for pervious areas. The new regulations would place a very strong emphasis on making sure major creeks such as Pecan. Cooper. and Hickory stayed natural. He asked Council to consider placing the item as a public hearing on the March 12th agenda. Consensus of Council was to place the item on the March 12, 1990 agenda as a public hearing. The Council returned to the regular agenda order. 9. The Council convened into the Executive Session to discuss legal matters (considered action in Denton county vs. City and In Re: Flow). real estate (discussed a potential land acquisition for City space needs), and personnel/board appointments (considered appOintments to the Building Code Board and the Airport Advisory Board). The Council convened into open session and took the following action: A. Boyd motioned, Gorton seconded to appoint Ed Owens to the Building Code Board. Motion carried unanimously. City of Denton City Council Minutes February 20. 1990 Page 19 With no furthe£ business. p.m. C~TY SECRETARY CITY OF DENTON, TEXAS the meeting was adjourned at 10:02 RAY~ CITY OF ~ENTON, TEXAS 399 3234C 4OO Attachment A DRAINAGE REGULATIONS COMPARISON CHART CATEGORY OLD 1983 NEW 1989 Driveway Culverts Channels Pipes Channel Lining Culverts/Bridges Floodways Spread Limits a) Local o) Collector c) Arterial d) Freeway Intersec Cross Flow Dedicate Floodway Natural Concept Regional Detention On Site/Local Detent Local (lots) grading plans/design Closed Pipe for up to 48" Flow = 100 cfs Access to all channels for maint. Minimum Size of Pipe Pipes Wyes vs MH or Recessed Inlets Maximum Times of Concentration Minimum Easement widths Reg. - Pipes Ninimum F.F. above 8FE (encroached) Oetention Design Requirements Storm Water Routing Method 25 yr. 25 yr. 25 yr. 100 yr. 10 yr. 10 yr. 25 yr. 25 yr. +'i' FreeOoard 25 yr. 100 yr. 100 yr 100 yr 2" Above top of curb Top of curb reduced crown (5") 1 Lane open 1 Lane open/direct 1 Lane closed No Changes No No Yes No Yes - not enforced No No No No No 12" Policy/not detailed Rational 1 Lane' open 1 Lane open/direct 1 Lane closed No Changes Yes Yes No* Yes Yes enforced & strengthen wording Yes 18" Yes Yes Yes Yes Yes, 10 to 100 year Rational, HEC-1 TR-20 *As Last Alternative 0691E/20