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Minutes April 03, 1990 CITY OF DENTON CITY COUNCIL MINUTES APRIL 3, 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, Gorton, Hopkins and McAdams. ABSENT: None 1. The Council convened into Executive Session to discuss legal matters (considered action in In Re: Flow, considered approval of Order of Sale of properties for non-payment of ad valorem taxes), real estate (considered acquisition of right-of-way for Nottingham Drive), and personnel/board appointments (held a discussion regarding the hiring of an additional part-time Municipal Judge, considered an appointment to the Criminal Justice Council, considered appointments to the Building Code Board and the Electrical Code Board.) Council Member Hopkins left the meeting during the discussion of In Re: Flow. 2. The Council received a report on the Denton Beautification Commission and a status report on "Keep America Beautiful" Certification. Cecile Carson, Administrative Analyst, reviewed the projects undertaken by the Beautification Committee which included "Waste in Place" in the elementary schools, Earth Day, and Keep America Beautiful. Carson reviewed the requirements for certification for the "Keep American Beautiful" project. The Beautification Task Force had questions concerning the organization of the project. Should it be under the Beautification Task Force or a separate entity. Council Member Alexander stated that the group might need to be reorganized through formal action. Mayor Stephens asked about the number of members for the committee. Consensus of the Council was to have staff present ideas/suggestions on how to reorganize the group to the Council at a future meeting. 3. The Council received an update regarding the Enterprise Zone. David Pitstick, Administrative Assistant, presented a revised map of the enterprise zones which more closely met the. state requirements for economically distressed areas. It also made better use of the property. Pitstick reviewed the proposed incentives and stated ~ha~ staff was recommending ~ha~ the incentives be identical for both zones, at least initially. 425 426 City of Denton City Council Minutes April 3, 1990 Page 2 The proposed incentives had been divided into four categories or tiers. Tier I provided a description of the incentives which every business within the zones were eligible for. Tier II described those incentives which businesses might apply for if they met certain criteria established through local ordinances or guidelines. Tier III covered a narrow program of state incentives that the City intended to offer for three smaller businesses each year (between each zone). The City would be responsible for choosing the businesses. Tier IV included the state enterprise project designation incentives which allowed two selected businesses within each zone to apply for refunds of state sales taxes on purchases of machinery and equipment within certain limits. State approval was needed for the selected businesses. Lloyd Harrell, City Manager, stated that except for the tax abatement program which would probably be adopted in the near future, all the other incentives were already given by the City. Council Member Boyd stated that one of the principle reasons for the enterprise zone was to attract business but that one of the principle benefits was employment of the disadvantaged in that zone. He wanted to make sure that when the boundaries were redefined, that that point was kept in mind and not only going for industrial property. Pitstick replied that that was one of the key issues, that the area met the economically distressed criteria. He then reviewed the proposed schedule for the development of the zones which included a joint public hearing with the Denton Independent School District, Denton County and the City of Denton Tax Abatement Committee for adoPtion of community tax abatement policy on April 12, 1990, a City Council public hearing to establish enterprise zones in Denton on April 17, 1990, and a second reading and adoption of the tax abatement policy and ordinance to establish the Denton enterprise zones on May 1, 1990. 4. The Council held a discussion regarding the revised building permit process. Frank Robbins, Executive Director for Planning, stated that last year the Council ~ndlcated to staff that it wanted the process streamlined for the building permit process. The new process shortened the process from two - three weeks to potentially four days. The process was an effort to reduce the time between application for a building permit and . permit issuance except for one and two family development which already had a system in place. As plans were simultaneously reviewed in the Development Review Committee, additional sets of plans were requested. In the past there was only one set of plans and each department had to review that one set which lengthened the review process. City of Denton City Council Minutes April 3, 1990 Page 3 A checklist had been provided of materials and information needed by staff. Staff would be reviewing the list for any changes that might be necessary such as eliminating some requirements. Mayor Pro Tem Ayer asked if the new GIS equipment might help with some of the needed information. Robbins replied yes after all the information were imputed. Council Member Gorton asked if a conflict came up between a builder and an inspector regarding a set of plans, was there one individual who would render a decision regarding the plans. Robbins stated that the plans would have to be inspected according to the approved plans. Council Member Hopkins stated that she had a list of requirements that the City required that no one else required. She asked that as the process was refined, could staff go to a meeting of the Builder's Association to explain the process. Mayor Stephens asked if a check had been made of other cities to see if they were streamlining their process, particularly Lewisville as they had just updated their system. Council Member McAdams stated that it would be better if the process took two weeks if it were right than for it to take four days and be wrong. Counc'il Member Boyd stated that the rules needed to be understood by all and that they be 'applied uniformly and consistently. 5. The Council held a discussion regarding proposed changes in policy for candidate water/sewer lines. Bob Nelson, Executive Director for Utilities, reviewed the background information on the policy. The Land Use Planning Committee developed a concept of balanced growth - not only geographically but also between residential and industrial growth. The Public Utility Board devised a $500,000 a year concept in which different areas would be looked at and that money would be available to help industrial customers or some type of development. Out of that process, a whole list of criteria and schedules were developed. It was felt that the guidelines became quite complicated and unworkable. The. Public Utilities Board was suggesting the following policies: (1) during its annual review of the Utility Department's Capital Improvements Plan, the Board would consider the allocation of $500,000 for the construction of candidate water and/or sewer lines to serve only industrial prospects which had committed to 427 428 City of Denton City Council Minutes April 3, 199'0 Page 4 building facilities in Denton, (2) the City of Denton would adopt a policy of "responding" to growth rather than attempting to "lead" growth, (3) all.candidate water and sewer lines would be submitted to the Public Utilities Board to be considered on a case-by-case basis, (4) only those candidate water and sewer lines which would serve an industrial prospect which had committed to building facilities within the City of Denton, Texas, would be considered, (5) the Public Utilities Board would prescribe and obtain from each industrial prospect appropriate evidence of the prospect's commitment to building facilities within the City of Denton, Texas, (6) upon review of such evidence of commitment, the Public Utilities Board might recommend to the Planning and Zoning Commission that funds be made available to provide water and/or sewer service to the prospect's facilities, (7) annual funding, through the Capital Improvements Plan, in the amount of $500,000 for the construction of candidate water and sewer lines would be continued, but the cumulative total of such funding would not exceed $2 million at any time. These proposals had not yet been to the Planning and Zoning Commission. Council Member Gorton asked about keeping some money for non-industrial purposes. Nelson replied that $150,000 would be placed in the Capital Improvements Plan for non-industrial purposes. Council Member McAdams suggested that the wording "lead"/"follow" might not be appropriate. She felt that the intent was to be able to respond to a proposed development. It was not proposed that sewer/water lines would be developed in advance, in anticipation of future development. The funding ability was needed to be available so that when a prospect came along, negotiations could be done. Mayor Pro Tem Ayer stated that he had reservations about the proposal as it proposed very substantial changes in policy. He was concerned about the change as he felt the concept of balanged/compact growth was a valuable one and should be preserved. He was also concerned that this was a key part of the report of the Land Use Planning Task Force which he did not want to see abandoned. Nelson replied that the concept was still there. It was saying that the money was available but instead of trying to put it in the ground where nothing existed and no commitments existed, it was making the money available. · h~ Council then convened into the Regular Sesaion at 7:00 p.m. in the Council Chambers. City of Denton City Council Minutes April 3, 1990 Page 5 PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None Presentation of Yard of the Month Awards. Mayor Stephens presented April Yard of the Month Awards to Jasper Fred Kobler, Patsy Anderson, and McDonald's. The Mayor then presented proclamations for "Just for Kids", "Fair Housing Month", and "Week of the Young Child". e Public Hearings A. The Council held a public hearing and considered adoption of an ordinance with regards to a change in the zoning classification from Single family SF-7 to Planned Development District (PD) on a 12.33 acre tract located east of Malone Street and south of U.S. Highway 380. Z-89-009 (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Gilbert Bernstein, Assistant Superintendent for Business Affairs, stated that this was a request for a rezoning request from SF-7 to C. Land would be donated for a park and a green belt area for the City. A change in zoning would put valuable property back on the tax rolls. No one spoke in opposition. The Mayor closed the public hearing. Harry Persuad, Senior Planner, stated that the zoning change request was for 12.33 acres. He showed slides of the area which was located in a moderate activity center. The proposed uses would be for a restaurant, office and retail uses. Council Member Boyd asked about the sale of beer/wine both off-premise and on-premise. Persuad replied that there would be no conflict with existing regulations. Council Member Gorton asked about parking spaces along the Highway Department's right-of-way. If the State wanted to use the right-of-way, would spaces be lost. 429 430 City of Denton City Council Minutes April 3, 1990 Page 6 Persuad replied that the DISD was negotiating for 6.9 acres of State right-of-way. If the DISD could not obtain the right-of-way, an alternate plan would be used. Lloyd Harrell, City Manager, stated that this was a good approach between the City and School District. It allowed for the sale of the property and still protected City development. The following ordinance was considered: NO. 90-048 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FORM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 12.33 ACRES OF LAND LOCATED EAST OF MALONE STREET AND SOUTH OF U.S. HIGHWAY 380~ AS IS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN FOR THE DISTRICT; 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 held a public hearing and considered adoption of an ordinance for a zoning change from Planned Development 40 to Single Family 7 (SF-7) for 1.603 acres located between Bell Street and Mingo Road and south of Withers Street. (The Planning and Zoning Commission recommended approval.) Z-90-002 The Mayor opened the public hearing. Bud Hauptman, Metroplex Engineering, stated that the property was located across from a park on Bell and extended through to Mingo Road. It was currently zoned PD-40 for office use. The southern portion of the property had already been developed for office use and 1.6 acres was currently undeveloped. The petitioners wished to build a church on the property. No one spoke in opposition. The Mayor closed the public hearing. Jane Brady, Urban Planner, stated that this would be a. change in zoning from PD-40 to SF-7. The applicant would build a church on the p~ope~y. Sh~ ~howed ~h~ Council slides of the area. City of Denton City Council Minutes April 3, 1990 Page 7 The following ordinance was considered: NO. 90-049 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT "PD" TO SINGLE FAMILY 7 "SF-7" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.603 ACRES OF LAND LOCATED BETWEEN BELL STREET AND MINGO ROAD AND SOUTH OF WITHERS STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 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. C. The Council held a public hearing and considered adoption of an ordinance for a zoning change from Office (O) to Multi-family 2 (MF-2) for 3.232 acres, located at 2424, 2444, and 2524 West Oak. (The Planning and Zoning Commission recommended approval.) Z-90-001 The Mayor opened the public hearing. Ernie Simpson, owner/petitioner, stated that the zoning change was necessary as an attempt to refinance the property. Financial institutions were not prone to lend money on property that would not be allowed to rebuild if over 50% were destroyed by fire or other causes. With the Office "O" designation, he would not be allowed to rebuild if necessary. No one spoke in opposition. The Mayor closed the public hearing. Jane Brady, Urban Planner, stated that this was a rezoning from Office "O" to MF-2 to bring the zoning into compliance with existing use. The property was a 100 unit apartment complex located on Oak Street. The following ordinance was considered: NO. 90-050 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE 'O" TO MULTI-FAMILY 2. "MF-2" ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.232 ACRES OF LAND, LOCATED AT 2424, 2444, and 2524 w. OAK STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 431 432 City of Denton City Council Minutes April 3, 1990 Page 8 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 held a public hearing and considered the secondary effects of sexually oriented businesses and the adoption of an ordinance to regulate these businesses. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Brooks Heimer stated that he wanted the City to take action before this type of business migrated to Denton. The secondary effects of this type of business were documented. He also encouraged the City to enforce laws already on the books retarding State obscenity laws in such stores as convenience stores. Diane Edmundson, speaking for several woman's groups, while in favor of the ordinance, took exception to the fact that there was no licensing requirement. The original ordinance did have a license requirement but the revised ordinance did not. She was told that the license requirement was removed due to additional time and expense for staff to license the businesses and a potential for litigation. She felt that the positive effects outweighed an negative effects. Joe Dodd spoke against one portion of the ordinance. He felt that .the intent of the definition section was explicit material which was "X" rated or an unrated movie since 1959. The definitions in the proposed ordinance Would include "PG" and "R" movies. The easiest solution was to use the Motion Picture Association rating and exclude "R" and "PG" from the classification. The Mayor closed the public hearing. Harry Persuad, Senior Planner, stated the the regulation of sexually oriented businesses had been heavily litigated because it implicated the freedom of speech provisions of the First Amendment. The proposed ordinance did not intend to pose a limitation or restriction on the content of any communicative materials including sexually oriented materials. The ordinance intended to regulate the location of sex oriented businesses because there was overwhelming evidence to show that those types of businesses impacted land use, health and safety and welfare of the citizens. The Planning and Zoning Commission had worked on the proposed ordinance for over a year. Persuad presented background information on the secondary effects of sexually oriented businesses which included increased crime, decreased property values and a difficulty to rent office City of Denton City Council Minutes April 3, 1990 Page 9 433 space, limited hours of operation, increased litter and graffiti, detrimental effects of morals and safety of children. He also presented statistics from cities nation-wide regarding secondary effects of sexually oriented businesses. A summary report of the findings of the Planning and Zoning Commission was presented. (Exhibit A) Council Member Alexander stated that Council should go on record recognizing the facts concerning the secondary impact of sexually oriented businesses and recognize that that had been inserted into the record and Council had been made fully aware of those findings. Council Member Boyd stated that it was important to note that the hearings from Planning and Zoning had been extensive and the research done was extensive. He felt it was important for the future record that the reason for the adoption of the ordinance was not to attempt to diminish any constitutional rights but rather to protect legitimate civic interests. Persuad then reviewed the provisions of the proposed ordinance. (Exhibit A) Council Member Gorton asked if the definition of adult bookstore/adult video store would supercede the definition of sexually oriented business and clarify the issue raised by Mr. Dodd. Persuad replied that the definition used "principal form of business". There were four conditions which defined a video store. It allowed an existing video store to accommodate up to 30% of their video in stock to be of a type described in the ordinance. Staff had done a survey of some of the existing video stores and following the definitions in the ordinance, the City did not have a sexually oriented' business in the City. Council Member Hopkins stated that Council understood that none of the video stores were in violation of the proposed ordinance nor were they any where near close to 30%. What Mr. Dodd was sayin~ and what the Council was concerned about was that the ordinance would make movies that had an "R" rating count as part of the 30%. Dodd was asking that another definition be made that did not count an "R" film or anything rated since 1959 as going toward the 30%. Persuad stated that staff had looked at that issue and felt that staff could not get into the rating of films. Council Member McAdams asked for a definition of "~ondling" and 'simulated" as proposed in the ordinance. 434 City of Denton City Council Minutes April 3, 1990 Page 10 Council Member Alexander felt that Mr. Dodd's. suggestion was a very logical and reasonable suggestion and for the safety of the ordinance and the purpose of maintaining its integrity on the books, it should be incorporated into the ordinance. Joe Morris, Assistant City Attorney, stated that the definition used was from the Dallas ordinance which was taken from the Supreme Court case of Miller vs. California. He felt that the Council's question was that since the definition included the touching of female breasts would encompass so many films, that they would qualify as sexually oriented businesses. If that were the case, the Council might want to remove that part of the definition. Council Member Alexander felt it would be much simpler to use the motion picture rating system. Morris replied that the problem with that rating would be the City would have no control over the rating system. If the system were changed, the City would not have any control ove~ the situation. Council held a discussion regarding the type of activities and the percent of activities counted toward the video percent. Discussion included the classification of adult video stores. Council had questions regarding specific definitions and whether or not to use the Motion Picture Association of America rating system. It was also suggested that a license requirement be looked at again. Boyd motioned, Hopkins seconded to postpone action on the ordinance until the next regular meeting, April 17, 1990, to give staff more time to review the definitions. 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 held a public hearing and considered adoption of an ordinance amending Appendix B, Zoning Ordinance, Article 17, Sign Regulations to meet State Department of Public Highways and Transportation Department's requirements for certification. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one 8pok~ in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes April 3, 1990 Page 11 Frank Robbins, Executive Director for Planning, stated that the ordinance would allow the City to be certified by the State Department of Public Transportation to issue sign permits on three roads that the City currently could not do. There would be two potential licenses for one sign - one for the property owner and one for the sign company. The City would be able to permit annual signs for all off-premise signs on I35, Hwy. 377 and Hwy. 380. The following ordinance was considered: NO. 90-051 AN ORDINANCE OF THE CITY OF DENTONt TEXAS, AMENDING ARTICLE 17 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS TO PROVIDE FOR ANNUAL PERMITS FOR SIGNS FOR WHICH A STATE LICENSE IS REQUIRED; PROVIDING FOR THE REVOCATION OF A CITY SIGN PERMIT FOR WHICH THE STATE LICENSE IS REVOKED; PROVIDING FOR THE TRANSFER OF STATE PERMITS; PROVIDING FOR MINIMUM WIND LOADS FOR SIGNS; PROHIBITING THE USE OF STATE RIGHT-OF-WAY FOR SIGN MAINTENANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. vote, McAdams "ayes" Alexander "ayes" Hopkins "aye," "ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens Motion carried unanimously. On roll Gorton "aye." o Consent Agenda Council Member Gorton requested that Item 3.A.6. be removed for special consideration. Council Member McAdams asked that Item 3.A.1. be removed for special consideration and Mayor Stephens asked that Item 3.A.8. be removed for special consideration. McAdams motioned, Hopkins seconded to approve the Agenda with the exception of Items 3.A.l., 3.A.6. and Motion carried unanimously. Consent 3.A.8. A. Bids and Purchases 2. Bid #1082 - Sewer Vacuum Truck 3. Bid #1083 - Loader Backhoe 4. Bid #1084 - Articulated Wheel Loader 5. Bid $1087 - Load Profile & Tariff Meters 7. P.O. #94407 - IBM Proprietary Software Lease 435 436 City of Denton City Council Minutes April 3, 1990 Page 12 Item 3.A.1. was considered. Council Member McAdams asked how the City would oversee how the project would be completed. Barbara Ross, Community Development Coordinator, stated that normal procedure was that the contractor would be chosen by the City with consultation from the Executive Director of the Housing Authority. The Community Development Inspector and the City's housing inspector would be out on the project site during the course of the work. The City and the Executive Director of the Housing Authority would approve the final work. McAdams motioned, Gorton seconded to approve Item 3.A.1. Motion carried unanimously. 1. Bid #1086 - Roof Repair - Heritage Oaks Item 3.A.6. was considered. Council Member Gorton asked what was the delay of activation and how much warning would traffic have when the system was activated. Deputy City Manager Rick Svehla replied that the timing would be normal for yellow and would be red by the time the emergency vehicle reached the intersection. Gorton motioned, Hopkins seconded to approve Item 3.A.6. Motion carried unanimously. 6. Bid ~1088 - Emergency Preemption System Item 3.A.8. was considered. Deputy City Manager Svehla stated that there was a change in the figures presented in the back-up. The original change order was for $17,199. The initial contract price shown included asphalt mix which was never put down thus reducing the price to $12,799.00 Hopkins motioned, McAdams seconded to approve Item 3.A.8. Motion carried unanimously. 8. Bid #1007 - Tri-Con Services Change Order 4. 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. (3.A.2. - Bid ~1082, 3.A.3. - Bid #1083, 3.A.4. - Bid 91084, 3.A.5. - Bid #1087, 3.A.6. - Bid ~1088) City of Denton City Council Minutes April 3, 1990 Page 13 The following ordinance was considered: NO. 90-052 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.1. - Bid #1086) The following ordinance was considered: NO. 90-053 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 seconded, McAdams seconded to adopt the ordinance. On roll vote~ McAdams "ayes" Alexander "aye," Hopkins "ayes" Gorto'n "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. 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. (3.A.7. - P.O. #94407) The following ordinance was considered: NO. 90-054 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. 437 438 City of Denton City Council Minutes April 3, 1990 Page 14 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 authorizing the execution of a change order to a contract between the City of Denton and Tri-Con Services; and providing for an increase in the contract price. (3.A.8. - Bid #1007) The following ordinance was considered: NO. 90-055 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND TRI-CON SERVICES, INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Gorton motioned, Alexander seconded to adopt the ordinance as amended. 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 establishing metered parking for vehicles on the south side of West Hickory Street from its intersection with Avenue B to a point 70 feet east of its intersection with Avenue A; providing a severability clause; and providing a penalty not to exceed $200.00 for violations thereof. (The Citizens Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the area had been metered prior to a bike path which was installed several years ago at the request of the University of North Texas. The University had advised the City that the path was no longer used and requested a return to metered parking in the area. Hopkins motioned, McAdams seconded to adopt the ordinance. Council Member Boyd stated that he was opposed to the ordinance. He felt that having bike lanes made the use of bicycles safer in the City and should be encouraged. Mayor Stephens asked how the lack of use for the path was determined. Svehla replied that the University had suggested the removal of th~ bik~ path. ~ wa~ ~he sponsor of the path which had substantial use in the beginning but had declined over a number of years. City of Denton City Council Minutes April 3, 1990 Page 15 Lloyd Harrell, City Manager, stated the University had asked that the path be installed and made as a condition of agreement, to paint and maintain the path if the City would remove the parking in the area. The University had made a decision over a couple of year to discontinue the path. The following ordinance was considered: NO. 90-056 AN ORDINANCE ESTABLISHING METERED PARKING FOR VEHICLES ON THE SOUTH SIDE OF WEST HICKORY STREET FROM ITS INTERSECTION WITH AVENUE B TO A POINT 70 FEET EAST OF ITS INTERSECTION WITH AVENUE A; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR 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 "nay," and Mayor Stephens "aye." Motion carried with a 6-1 vote. F. The Council considered adoption of an ordinance amending an agreement for engineering services between the City of Denton and Freese & Nichols for the performance of professional engineering services for improvements at Denton Municipal Airport. Rick Svehla, Deputy City Manager, stated that in December of 1988 the Council had approved an agreement with Freese & Nichols to perform pre-applications for grants out at the airport. In September of 1989, the Council accepted a grant from the FAA for infield drainage at the airport. The FAA reviewed the contract and found that information regarding disadvantaged business enterprise assurances and access to records. They 'requested that that information be included in the contract and thus the amendment. The following ordinance was considered: NO. 90-057 AN ORDINANCE AMENDING AN AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND FREESE & NICHOLS FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING SERVICES . FOR IMPROVEMENTS AT . DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. 439 4 4 0 City of Denton City Council Minutes April 3, 1990 Page 16 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. G. The Council considered adoption of an ordinance amending ~rticle 4.15 of Chapter IV, Article III of Appendix A of the Code of Ordinances to provide for amended drainage requirements and design standards; amending Section 10 1/2-17 (Flood Damage Prevention) of the Code of Ordinances relating to floor elevations; providing for a severability clause; and providing a penalty in the amount of $500.00 for violations thereof occurring within the City of Denton. Lloyd Harrell, City Manager, stated that the Council had already dealt with the item both with a public hearing and passage of the ordinance. However, the caption was not published within the legal time frame thus requiring the Council to reconsider the item. The following ordinance was considered: NO. 90-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 4.15 OF CHAPTER IV OF ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES TO PROVIDE FOR AMENDED DRAINAGE REQUIREMENTS AND DESIGN STANDARDS; AMENDING SECTION 10 1/2-17 (FLOOD DAMAGE PREVENTION) OF THE CODE OF ORDINANCES RELATING TO FLOOR ELEVATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREOF OCCURRING WITHIN THE CITY OF DENTON; 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. (NOTE: Ordinance NO. 90-058 was originally Ordinance No. 90-029A, considered at the meeting of 3/12/90. A new number was assigned when it was reconsidered at this meeting.) 5. Resolutions A. The Council considered approval of a resolution designating the week of April 7 through 14, 1990 as National Community DeYelopment Week. The following resolution was considered: City of Denton City Council Minutes April 3, 1990 Page 17 NO. R90-013 A RESOLUTION DESIGNATING THE WEEK OF APRIL 7 THROUGH 14, 1990 AS NATIONAL COMMUNITY DEVELOPMENT WEEK; AND PROVIDING FOR 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. B. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the City of Sanger to provide for mutual emergency assistance in the form of personnel, equipment, and materials. (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that at times there was a need for the two cities to work back and forth with problems. This agreement would cover any liability issues which was the main purpose of the document. The following resolution was considered: NO. R90-014 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER TO PROVIDE FOR MUTUAL EMERGENCY ASSISTANCE IN THE FORM OF PERSONNEL, EQUIPMENT, AND MATERIALS; AND PROVIDING 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. C. The Council considered approval of a resolution temporarily closing Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 29, 1990. Jesus Nava, Assistant to the City Manager, stated that the resolution would temporarily close Fry Street between the intersection of Oak Street and Hickory Street on Sunday, April 29, 1990 for the llth annual Fry Street Fair. There was one opposition to the closing, Curtis Loveless. Nava stated Loveless was not a tenant or a resident of Fry Street and was not affected personally by the closure. 441 4'42 City of Denton City Council Minutes April 3, 1990 Page 18 Mainul Hasan, representing the Delta Lodge, stated that they were getting ready for the llth annual Fry Street Fair. He stated that there was a problem two years ago with property owned by Mr. Loveless. The Lodge had paid for the damage to his property and had hired additional security so the problem would not reoccur. The Lodge had offered to hire extra security for Mr. Loveless' property but he did not want to cooperate. The Lodge had helped the United Way to reach its goal last year and had donated $2,000 for charity. Curtis Loveless felt that the Fry Street Fair was a good idea gone astray. He felt that it had gotten out of hand with trash accumulated in the past and reports of quite a bit of alcoholic beverages consumed. He was the land owner of three separate tracts on the east side of the street which was a little more than half of the street. Most of the tenants he had in the area were closed on Sunday and unless they were making a special effort to be open, the Fair would not affect them. At least two of his tenants were opposed to the Fair, one being to the east and one being University Barbershop. In the past parking was available on his lot to the east which was the only parking available in the immediate area other than street parking. It would not be available this year. Council Member McAdams stated that she had gone to the Fair a number of years and had been impressed by the clean-up job done afterwards. No matter how much trash had been thrown, the streets were cleaned. Policemen were also hired to make sure that the laws were obeyed. She was not sure what else could be done.. There was not that much traffic on Fry Street on Sunday and the businesses open got even more business from the people coming to the Fair. Even the problem with Grace Temple Church had been taken care of. McAdams motioned to approve the resolution. lack of a second. Motion died for Council held a discussion regarding whether property owners or tenants had to sign the petition with some members stating just tenants had to sign and some stating it was the property owners who had to sign. Nava replied that there was no formal resolution or set of rules/guidelines adopted by the Council on street closings. Previous closings had been done on a case-by-case basis. The street closure form indicated that all residents and/or businesses affected by the street closure had to be contacted and sign with an indication of being in favor or in opposition to the closure, City of Dent~n City Council Minutes April 3, 199.0 Page 19 443 Council Member Boyd felt that a problem with the signature sheet was that there was no way of indicating how many businesses were in the affected area. He had asked in the past that the City fill out that portion to insure all businesses/tenants were represented. Council Member Hopkins felt that the Council had talked about owners signing the sheet. She was opposed, generally, to closing streets and felt it was a bad precedent. McAdams motioned a second time and Boyd seconded to approve the resolution. On roll vote, McAdams "aye," Alexander "nay," Hopkins "nay," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Stephens "nay." Motion failed with a 4-3 vote. J Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The budget recap was presented in the packet. Both revenue and expenditures were about on line. B. A reminder of the joint public hearing with the DISD, County and City at the School Administration Building on April 12, 1990, 7:00 p.m. regarding the tax abatement policy. C. The City was at the point of the transportation plan that all of the data had been received and Council needed to appoint the citizens committee to work with the City to finalize the transportation plan. 7. There was no official action .taken during the Work' Session Executive Session. 8. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Boyd suggested a formal decision be made regarding street closure procedures. City Manager Harrell reminded Council that Roger Nelson had drafted a proposed resolution for street closure procedures which included restroom requirements, hours, petition requirements, etc. After a number of work sessions, the Council concluded that rather than adopt something formally, an informal practice should continue. B. Council Member Boyd also suggested a discussion regarding single memDer voting districts with perhaps a charter revision committee to look at that and other issues. 444 City of Denton City Council Minutes April 3, 1990 Page 20 Mayor Stephens presented an announcement from Arnold Oliver, Engineer/Director of Highway Department, regarding the cost sharing of the landscaping project from Malone Street and I35. 9. The Council convened into Executive Session to discuss legal matters (considered action in In Re: Flow, considered approval of Order of Sale of properties for non-payment of ad valorem taxes), real estate (considered acquisition of right-of-way for Nottingham Drive), and personnel/board appointments (held a discussion regarding the hiring of an additional part-time Municipal Judge, considered an appointment to the Criminal Justice Council and considered appointments to the Building Code Board and the Electrical Code Board.) The Council convened into open session and took the following action: A. Gorton motioned, Boyd seconded to appoint Jim Alexander to the Criminal Justice Council. Motion carried unanimously. With no further business, the meeting was adjourned at 10:55 p.m. J~N I F ER~ WALTE~ q FY S ETARY CITY OF DENTON, TEXAS 3254C DENTON, TEXAS EXHIBIT "A" ATTACHMENT Z A SUMMARY REPORT OF THE FINDINGS AND RECOMMENDATIONS OF ~HE PLANNING AND ZONING COMMISSION Findings of the Planning and Zoning Commission Ordinance Provision 445 There are different types of businesses which offer varying types of sexually oriented materials, activities and/or services that have secondary effects on surrounding land uses and the community. Defines sexually oriented businesses by the materials they sell or the services they provide (Sec. 28C-2, Z8C-3). Sexually oriented businesses located in proximity to resi- dential uses have been shown to cause a reduction in property values and adversely affected the stability of neighborhoods· Prohibit sexually oriented businesses within 1000 ft. of a residential district or lot devoted to resi- dential use (Sec. 28C-$). The incidence of street crimes, prostitution arrest and sale of narcotics are nigher in and near sexually oriented businesses which adversely affects the use of churches, schools and parks by the general public. Prohibit sexually oriented businesses within 1000 ft. of a church, a school or public park (Sec. 28C-$). The concentration of sexually oriented businesses causes cumula- tive secondary effects on sur- rounding properties. Concen- tration also causes reduction of rental values and annual incomes of other businesses located near- by because those other businesses are unable to attract sufficient customers. Prohibit sexually .oriented businesses within 1000 ft. of another sexually oriented business. (Sec. 28C-$). Neighborhood service districts are intended to serve nearby residential districts with essential goods and services. Sexually oriented businesses would be incompatible with the types of businesses permitted, in those districts. Prohibit sexually oriented businesses in the neighbor- hood service districts (Sec. 28C-12). 446' Summary Report of the Findings and Recommendations of the Planning and Zoning Commission Page Z Sexually oriented businesses nave been associated with higher inci- dence of drug use, prostitution and criminal activities. The city has a legitimate interest in insuring that person of young age are not employed in such places. Pro~ibit persons under the age of 18 years from being employed by an escort agency or nude model studio or appearing in a state of nudity in a nude model studio or adult theatre. (Sec. Z8C-6, Z8C-7, 28C-8. Adult theatres containing private viewing rooms or darkened areas are often used for for drug use,'prostitution and other illegal activities. Illegal sexual conduct encourages the spread of sexually transmitted diseases. Requires that every area of adult theatres containing viewing rooms of less than 150 sq. ft. of floor area be viewed by a manager's station and that all areas accessible to the public be adequately illuminated. (Sec. Z8C-lO). 2-2