Minutes March 20, 1990416
CITY OF DENTON CITY COUNCIL MINUTES
MARCH 20, 1990
The Council convened into the Work Session at 5:15 p.m.
Civil Defense Room.
in the
PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council
Members Boyd, Gorton, Hopkins and McAdams.
Council Member Alexander
ABSENT:
Executive Session
The Council convened into the Executive Session to discuss
legal matters (considered action in In Re: Flow, Woodson vs.
City and Gladden vs. City, and discussed claim of Larry
Champion), real estate, and personnel/board appointments.
Council Member Hopkins left the meeting during the discussion
of In Re: Flow.
2. The Council received a report and held a discussion ~
concerning feasibility of intersection improvements of Bell at
McKinney.
Jerry Clark, City Engineer, stated that the study was a --~
bottle-neck study. The recommendations were that the most
efficient alternative was to add an additional lane on McKinney
Street. The main purpose was to establish left turn lanes so
that left turning vehicles would be out of the through lanes
and allow two through lanes in each direction. Access
management was also proposed which would close several
driveways along McKinney. The property owners in the area had
been contacted and did not have an opposition to the proposal.
It was also proposed that the curb cut on McKinney to City Hall
be closed with access only on Oakland. Reasons for deciding on
McKinney Street improvements rather than Bell Avenue
improvements included greater turn volumes on McKinney,
improved average delay, lower cost of right-of-way and less
loss of parking. Funding for the project came from two sources
- the Loop 288 and I35 turn lane project ($40,000) and the
Lillian Miller project ($80,000). The '91 Committee had
recommended that this was a suitable location to spend the
extra funds.
Consensus of the Council was to proceed with the plan as
presented with a hold on the closing of the entrance to City
Hall.
Council Member Alexander joined the meeting.
City of Denton City Council Minutes
March 20, 1990
Page 2
417
3. The Council received a briefing regarding formation of
an Enterprise Zone.
Betty McKean, Executive Director for Municipal Services and
Economic Development, stated that an enterprise zone was a
special district to promote economic development. One of the
most significant benefits of a local enterprise zone was that
the zone functioned as both a reinvestment zone and a tax
increment financing zone which were required for a city to give
a property tax abatement or in order to refund local sales
taxes. An enterprise zone created options for local
governments to provide both state and local incentives. McKean
reviewed the list of incentives local governments could choose
from. She stated that there were no direct costs associated
with creating an enterprise zone and no commitment to provide
incentives once the zone had been created.
Frank Robbins, Executive Director for Planning, reviewed the
criteria involving disadvantaged/unemployment areas. In order
to be designated as an enterprise project, a zone must have an
unemployment rate of at least 1.5 times the local, state or
national average over the most recent 12 months. It must also
meet one of the following criteria: 20% of residents below
poverty, 70% of 80% of the residents of the zone must be below
median income, 25% of the buildings or structures within the
zone were abandoned, and property tax arrears exceeding 25%
than that of the city. The Planning Department had studied
census and employment data and concluded that the City fell
within established criteria for the two proposed zones.
McKean continued with a proposed schedule of events. The zones
had been identified, the census information had been analyzed
and felt that it met the economically distressed criteria. A
public hearing was necessary which was scheduled for the April
17 meeting.
Consensus of the Council was to proceed with the application
and public hearing as presented.
The Council then convened into 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
4:1 8
City of Denton City Council Minutes
March 20, 1990
Page 3
Elrod.
Presentation of a resolution of appreciation for Dale
The following resolution was considered:
NO. R90-012
RESOLUTION OF APPRECIATION OF DALE ELROD
Gorton 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.
Consent Agenda
McAdams motioned, Hopkins seconded to approve the Consent
Agenda as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1074 - Aerial Bucket Device
e
Bid 91075 - Water Treatment Chemicals
Bid #1077 - Rental of Street Construction
Equipment
Bid ~1078 - Sludge Injection Tractor
P.O. #95164 - Motorola Communication
B. Tax Refunds
1. Considered approval of a tax refund
Carriage Square Assoc./Kostel Inc.
for
2. Considered approval of a tax refund for
Barbara L. Fowler/American Title Co.
3. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services. (2.A.1. - Bid #1074, 2.A.2. - Bid #1075, 2.A.3. - Bid
#1077, 2.A.4. - Bid %1078)
City of Denton City Council Minutes
March 20, 1990
Page 4
The following ordinance was considered:
NO. 90-039
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
providing for the expenditure of funds for purchases of
materials or equipment which are available from one source in
accordance with the provisions of state law exempting such
purchases from requirements of competitive bids. (2.A.5. - P.O.
#95164)
The following ordinance was considered:
NO. 90-040
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," 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 Mayor to execute an agreement between the City
of Denton and Denton Chamber of Commerce for the payment and
use of hotel tax revenue.
Mayor Pro Tem Ayer noted that the division of funds would not
include one entity if the allocation were reduced to $.06. He
asked which entity was being left out.
Debra Drayovitch, City Attorney, replied' that funds for the
steam plant would not allocated if the figure were $.06.
419
420
City of Denton City Council Minutes
March 20, 1990
Page 5
The following ordinance was considered:
NO. 90-041
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL
TAX REVENUE; 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.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and the Denton County Historical Museum for the
payment and use of hotel tax revenue.
The following ordinance was considered:
NO. 90-042
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
COUNTY HISTORICAL MUSEUM FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE.
Alexander motioned, Hopkins seconded to adopt the ordinance.
On rgll 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
authorizing the Mayor to execute an agreement between the City
of Denton and the Denton County Historical Foundation for the
payment and use of hotel tax revenue.
The following ordinance was considered:
NO. 90-043
AN ORDINANCE AUTHORIZING THE MAYOR TO EXBCUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
COUNTY HISTORICAL FOUNDATION FOR THE PAYMENT AND USE
OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE.
F. The Council considered adoption of an ordinance
prohibitin~ parking of vehi~le~ on both ~id¢~ of Bonnie Brae
Street, from old Bonnie Brae Street to U.S. Highway 77.
(Citizen's Traffic Safety Support Commission recommended
approval.)
City of Denton City Council Minutes
March 20, 1990
Page 6
421
Council Member Boyd asked if the residents in the area had been
contacted regarding the removal of street parking.
Rick Svehla, Deputy City Manager, replied that it was not done
on a regular basis.
Council Member Boyd stated that there was a church in the area.
Deputy City Manager Svehla replied that it was located on
side street.
Council Member Boyd stated that
voting for the ordinance before
residents in the area.
he would not be comfortable
he knew the feelings of the
Alexander motioned, Ayer seconded to postpone action on the
ordinance until the next regular Council meeting to allow staff
to contact residents regarding the removal of street parking.
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
prohibiting parking of vehicles on both sides of Acme Street,
from U.S. Highway 377 to Bernard Street. (Citizen's Traffic
Safety Support Commission recommended approval.)
The following ordinance was considered:
NO. 90-044
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF ACME STREET,
FROM U.S. HIGHWAY 377 TO BERNARD STREET; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gortoh "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
prohibiting parking of vehicles on both sides of Tom Cole Road
from a point 500 feet East of Masch Branch Road to a point 500
feet west of Masch Branch Road. (Citizen's Traffic Safety
Support Commission recommended approval.)
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City of Dent~n City Council Minutes
March 20, 1990
Page 7
Rick Svehla, Deputy City Manager, stated that the particular
section of road was within the airport clear zone. People
would park along the road to watch planes take off and land,
often littering the area. As there was not an ordinance
prohibiting parking in the area, there was no means of
effectively stopping the practice. The Citizen's Traffic
Safety Support Commission recommended approval.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS~ PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF TOM COLE
ROAD, FROM A POINT 500 FEET EAST OF MASCH BRANCH ROAD
TO A POINT 500 FEET WEST OF MASCH BRANCH ROAD;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; 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.
I. The Council considered adoption of an ordinance
prohibiting parking of vehicles on both sides of Audra Lane,
from its intersection with McKinney Street to its intersection
with Paisley Street. (Citizen's Traffic Safety Support
Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that this particular
sect£on of road had no shoulders and that the pavement was just
wide enough for two through lanes, of traffic in each
direction. Adjoining properties were mostly businesses and
apartments which had adequate on-site parking.
The following ordinance was considered:
NO. 90-046
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEBICLES ON BOTH SIDES OF AUDRA LANE~
FROM ITS INTERSECTION WITH MCKINNEY STREET TO ITS
INTERSECTION WITH PAISLEY STREEt; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING 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 $~ephen~
"aye." Motion carried unanimously.
City of Denton City Council Minutes
March 20, 1990
Page 8
423
J. The Council considered adoption of an ordinance
approving Amendment No. 1 to an agreement between the City of
Denton and the Denton Independent School District to hold their
elections jointly in the election districts that can be served
by common polling places.
Debra Drayovitch, City Attorney, stated that the amendment was
necessary due to the County changing precinct numbers.
The following ordinance was considered:
NO. 90-047
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON INDEPENDENT
SCHOOL DISTRICT TO HOLD THEIR ELECTIONS JOINTLY IN THE
ELECTION DISTRICTS THAT CAN BE SERVED BY COMMON
POLLING PLACES; 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.
e
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following item:
A. The Council had received a draft of the budget
priorities questionnaire. Staff was requesting Council review
the document and notify him of any revisions that might be
necessary.
Council Member Gorton left the meeting.
5. There was no official action taken during the Work
Session Executive Session.
6. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Hopkins requested a comparison of
the old/new regulations for building contractors.
B. Council Member McAdams presented an update from
the Texas Association of Black Elected Council Members. The
organization was working on getting minorities more involved in
local government.
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City of Denton City Council Minutes
March 20, 19.90
Page 9
C. Council Member Boyd suggested a presentation at
an upcoming N.I.C.E. meeting regarding the procedures for using
the MLK Center. He had received some complaints on the
inaccessibility of the' building to residents of the
neighborhood.
7. The Council did not meet in Executive Session during
the regular session.
With no further business, the meeting was adjourned at 7:50 p.m.
SECRETARY
3246C
RAY S~P.~ENS,/MAYOR
CITY ~F DENTON, TEXAS