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Minutes July 17, 1990CITY OF DENTON CITY COUNCIL MINUTES JULY 17, 1990 The Council Convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry: Council Members Ayer. Gorton. and Hopkins. ABSENT: Mayor Pro Tem Boyd; Council Members Alexander and · Trent. 1. The Council convened into Executive Session to discuss legal matters (considered action in In Re: Flow). real estate (considered land acquisition for Service Center Expansion). and personnel/board appointments. Council Member Hopkins left the' discussion during In Re: Flow. The Council held a. discussion concerning the provisions of the Code of Ordinances related to parking of vehicles over one ton in residential zoned districts. Lloyd Harrell. City Manager. stated that staff had received a number of citizen complaints over the last few weeks. Staff felt there was an area of clarification needed. Cecile Carson, Administrative Analyst. stated that approximately four months ago. the Code Enforcement Division through a routine inspection of an area, came across a tractor-trailor cab in a residential neighborhood. The provisions of the zoning code stated that trucks, trailors or vans except for paneling pick-up trucks not exceeding one ton capacity, were not allowed in a residential zoning district, multi-family district, office ot neighborhood service district. The provision came into question because the owners of the tractor-trailor rig indicated that that was the only place that they had to park the vehicle. It was not "storage" because the ordinance used. the term "storage" - not "parking" which was not allowed'. A legal opinion from the Attorney's Office stated that if the particular situation were taken to court, the judge and/or the ]ur~ would have to determine what was "storage-. Since the ordinance provided no guidelines, it could be determined differently in each and every case submitted. It was noted that other types of vehicles such as wreckers, flat bed trucks, dump trucks, buses, and different types of trailors could also be questioned in a residential neighborhood. Another area in question was the ordinance in the code that stated that vehicles were not allowed to be parked for more than 20 continuous hours on public streets which included trucks, trailors and other vehicles. The ordinance was enforced by the Police Department in cooperation with the Code Enforcement Division. Staff felt there were four NOTE: THIS PAGE LEFT BLANK INTENTIONALLY. City of Denton City Council Minutes July 17, 1990 Page 2 alternatives (1) leave the ordinance as it was and handle complaints on a case by case basis, (2) modify the ordinance by adding provisions to prohibit, (3) modify the ordinance by limiting the time allowed in residential areas, and (4) modify the ordinance to allow trucks to be parked in residential areas. Council Member Hopkins asked if the ordinances from other cities' were referring to the tonage. Was staff suggesting that pick-up truc~s not be allowed. Carson replied that most of the ordinances made allowances ~or pick-ups and passenger pick-up vehicles. Most of the definitions were per the Motor Vehicle Code. Council Member Gorton stated that he saw the issue from a number of viewpoints. Omc was the ability of the City to maintain the streets properly. Another was from the standpoint of the zoning issue - a commercial vehicle in a residential area advertising a certain business. The aesthetic standpoint was another issue as was the standpoint of the individual vehicle owner wanting'the vehicle nearby so, as to not have to worry about vandalism, Carson stated that streets were designed for limited truck traffic and the Engineering Department did not feel that limited use would necessarily cause a problem. Council Member Hopkins felt there was quite a difference between an "18 wheeler" and driving home a work vehicle in regards to advertising. There needed to be a differentiation between an individual who came home at night in his panel truck, pick-up truck or plumber truck or whatever and an individual who came home in an "18 wheeler" A citizen in the audience stated that one of the tractor-trailor cabs shown on the slides belonged to her. They had never brought a trailor into the area. If her husband got home early in the morning, he would sleep at the trUck stop and them come home so as to not disturb the neighbors. Council Member Hopkins continued that the recreational vehicle area was a difficult area to deal with. It needed a lot of research and public hearings. The Council needed to be sure that what was being done was to protect the streets and was to do something about vehicles parked on the streets and not being moved. But not for something that came in at night and left every morning. City of Denton City Council Minutes July 17, 1990 Page 3 Council Member Gorton suggested that the Planning and Zoning Commission look at the issue and address some of the issues. Council Member Ayer stated that there were matters of aesthetics, street maintenance, and safety. The survey provided implied that Denton was behind in its regulations. He would like the survey expanded to deal with RV's, business trucks-being-driven home at night, etc. Consensus of the Council was to proceed with presentation of the item to the Planning and Zoning Commission to include a public hearing with the Planning and Zoning Commission looking at all possible options. 3. The Council held a discussion concerning the City of Denton expressing its intent to Contract to Purchase from the Upper Trinity Regional Water District a portion of the raw water obtained from the Sulphur River Basin by the District by contract with the City of Commerce. (Public Utility Board recommended approval.) Bob Nelson, Executive Director for Utilities, reviewed the City's current water supplies, the possible alternatives and the details of the Cooper Reservoir. Council Member Ayer asked for the time frame for th~ up-front money. Nelson replied a year with a back-out provision. Within that year a feasibility study needed to be done to determine if the engineering and economics would make it along with legal work. Council Member Ayer asked how much money the City would have to put up for the first year. Nelson replied Denton's portion would be $83,325 plus $50,000 to Commerce, $63,000 of the first year's debt service to the Corps, $50,000 for legal fees and $86,000 for engineering fees. Council Member Ayer felt that there was some risk but felt that it was a good chance to take. Council Member Hopkins stated that it was hard for her to see the risk when it was such a small amount of water. She did not think the risk was worth it but did see the importance of getting Denton's foot in the door for more water. She felt that legal fees were far understated. Consensus of the Council was to postpQne unti% the August 7th meeting any formal action on the item to allow for further discussion. City of Denton City Council Minutes July 17, 1990 Page 4 4. The Council held a discussion concerning an interim Wastewater Treatment Services Contract between City of Denton and the Upper Trinity Regional Water District. Bob Nelson. Executive Director for Utilities, stated that the City of Argyle had requested wholesale wastewater treatment services. Denton,s position had been to direct such requests to the Upper Trinity Regional Water District. In December of 1989, .the Oity of Denton entered into a temporary wastewater treatment agreement with Argyle wherein Denton agreed to treat wastewater that the City of Argyle delivered via a truck to Denton's wastewater treatment plant. The City of Denton had been directing Argyle to a contract with the Upper Trinity Regional Water District which would be a standardized contract which could be used for any of the surrounding communities. The main points of the contract included: (1) it was a standard contract that would be applicable for the Upper Trinity Regional Water District's use to serve Denton County area cities of Corinth, Argyle, Corral City, Hickory Creek and Krum where sewer lines could be extended to Denton,s trunk sewer system. (2) made available only.excess capacity in Denton's system and set aside a minimum of 300.000 gallons per day of capacity, (3) was an interim contract only and agreed to provide joint planning, funding and ownership with the Upper Trinity Regional Water District in future wastewater plant expansion or development, (4) required written approval from Denton prior to addition of any customers to Upper Trinity Regional Water District's system, (5) Denton could terminate the agreement if, after giving the Upper Trinity Regional Water District a one year notice, it failed to enter into a joint ownership .agreement, (6) the Upper Trinity Regional Water District would be required to adhere to Denton's pretreatment regulations and criteria, (7) Denton offered to provide pretreatment administration, inspection, laboratory testing and analysis services for customers of Upper Trinity Regional Water District under separate contract that would fully compensate Denton for costs of such services, if the Upper Trinity Regional Water District or its customers did not have such service available. (8) rates would be based on a methodology acceptable to the Texas Water Commission and would generally follow the "Utility,, method of rate making, (9) Denton would notify the Upper Trinity Regional Water District 90 days prior to enacting amendments to the rate and (10) the term of the contract would be from the date of the consummating agreement to December 31, 1999. Council Member Ayer stated that it appeared that the earliest the contract could be terminated would be 24 months. He was concerned about what would happen if. for example, a new plant moved to Denton in six months and Denton would be at capacity. City of Denton City Council Minutes July 17, 1990 Page 5 Nelson replied that that was why Denton was in the process of an upgrade of the of the wastewater treatment plant. Council Member Ayer asked about that schedule. Nelson replied that a contract would be going to the Utility Board the following week and to Council after that. Council Member Ayer asked about the right of a customer to appeal a rate the City might fix. Nelson replied that that had already been established by State law. 5. The Council was to hold a discussion concerning the After School Action Site Program. This item was held for the July 31, 1990 Council meeting. 6. The Council was bridge over the railroad widening of the Loop. to hold a discussion concerning the tracks on Loop 288 and the future This item was held for the July 31, 1990 Council meeting. The Council then convened into the Regular meeting at 7:00 pm. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Ayer, Gorton, and Hopkins. ABSENT: Mayor Pro Tem Boyd; Council Member Alexander and Trent. 1. The Council considered approval of a resolution of appreciation for Ray Bunting. The following resolution was considered: RP0-O34A RESOLUTION OF APPRECIATION FOR RAY BUNTING Gorton motioned, Ayer seconded to approve the resolution. On roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. City of Denton City Council Minutes July 17, 1990 Page 6 2. The Council received a status report from the '91 Committee. Jack Miller, Chair-'91 Committee, stated that the Committee had been established after the last bond issue. It met three to four times per year to review how the money was being spent both for the 1985 and 1986 improvement programs. The Committee was to' sunset in 1991 as originally all of the bond programs would have been sold and projects completed in 1991. The Committee recommended that no additional bonds be issued at this point no~ in the foreseeable future because in the 1986 issue, it was stated that there would be no tax increases as a result of servicing for the debt for the bonds. The Committee also recommended that the money available from the bonds already sold in 1985 be dedicated for those projects yet to be completed from 1985 and those from 1986 other than the fire station on the south side be dedicated for the streets and drainage. No additional buildings other than the fire station be built. Council Member Ayer suggested that newspaper space be bought and a notice published giving a summary of the Committee's report for the citizens to know how the money had been spent. Consent Agenda Hopkins motioned, Ayer seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid 91120 - Padmount Transformers 2. Bid 91121 - Roof Repair at Power Plant 3. P.O. 998633 - Motorola 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.1. - Bid 91120) The following ordinance was considered: NO. 90-099 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. 67 68 City of Denton City Council Minutes July 17, 1990 Page 7 Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "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.2. - Bid ~1121)- The following ordinance was considered: NO. 90-100 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Hopkins seconded to adopt the ordinance. On roll vote, Hopkins "aye," Gorton."aye," Ayer "aye," and Mayor Castleberry "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. (Item 3.A.3. - P.O. ~98633) The following ordinance was considered: NO. 90-101 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. Ayer motione4, Gorton seconded to adopt the ordinance. On roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for one-way traffic from south to north on the east frontage road of Interstate Highway 35 between U.S. Highway 77 and the northern city limits fo= a distance of 24,580 fee~; and ~or one-way ~=a:£ic ~rom north to south on the west frontage road of Interstate Highway 35 between F.M. 1173 and the northern city limits for a distance of 26,175 feet. City of Denton City Council Minutes July 17, 1990 Page 8 ¸6 9 Rick Svehla, Deputy City Manager, stated that approximately four years ago when the intersection of University Drive and I35 was being considered for signalization by the Highway Department, the Department asked the City to one-way the frontage roads between University and US 77. At that same time, they asked the County to consider to one-way the roads ~rom US 77 north to the County line. The signal at University was campleted about three-four years ago. The Council changed the City's frontage roads at that time to US 77. The ordinance would extend the one-way traffic from US 77 to the northern city limits which the City now had jurisdiction over due to an annexation by the City. The system was designed for better safety and maneuverability. The following ordinance was considered: NO. 90-102 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-WAY TRAFFIC FROM SOUTH TO NORTH ON THE EAST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN U. S. HIGHWAY 77 AND THE NORTHERN CITY LIMITS FOR A DISTANCE OF 24,580 FEET; AND FOR ONE-WAY TRAFFIC FROM NORTH TO SOUTH ON THE WEST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN F.M. 1173 AND THE NORTHERN CITY LIMITS FOR A DISTANCE OF 26,175 FEET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. The Mayor recognized members of the audience. Thomas Treatch voiced an objection to the change. He stated that it would cause extra travel on people living in the area. The school bus would have to travel a longer route plus it would be a longer route for his farm equipment to get from one end of the farm to the other. He stated that there were other strips being made exceptions for and asked that this one be included. Svehla replied that the area by the underpass at US 77 to Hwy 1173 was being excluded temporarily while construction was underway for the Loop 288 construction. As soon as that construction was completed, that strip would be signed one-way. Elizabeth Foster stated that it would be dangerous for the school bus in bad weather due to the steep hills in the area. They were not negotiable and felt that the bus would be endangered traveling that road one-way. 70 City of Denton City Council Minutes July 17, 1990 Page 9 Jack Flat also stated that the hills were dangerous in bad weather and asked that the roads not be made one-way. Lloyd Harrell, City Manager, stated that the State had already signed the road. The ordinance simply gave the Police Department authority to enforce the one-way traffic. The Council voted on the motion. On roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas State Department of Highways and Public Transportation for installation of traffic signal controllers on FM 2181 at the intersection with Interstate Highway 35E in Denton. Rick Svehla. Deputy City Manager, stated that the agreement would allow the City to purchase two controllers and timers that the City would install at the intersection, on both sides of the bridge, of Teasley Lane and F.M. 2181 and I35. These needed to be installed now because when construction would began on F.M.2181, the'overpass on I35 would be rebuilt. This would signalize the two intersections separately on either side of the bridge. The following ordinance was considered: NO. 90-103 AN 'ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance. On roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 5. Resolutions A. The Council was to consider approval of a resolution of the City of Denton, Texas expressing its intent to Contract to Purchase from the Upper Trinity Regional Water District a portion of the raw water obtained from the Sulphur Rive~ Basin by the District by cQnt:act with th~ City of Commerce and providing for an effective date. (Public Utility Board recommended approval.) City of Denton City Council Minutes July 17, 1990 Page 10 71 This item was postponed until the July 31, 1990 meeting. B. The Council considered approval of a resolution of the City of Denton, Texas, authorizing the submission of an Urban Homesteading Program application to the Department of Housing and Urban Development: approving an agreement with the Denton County Housing Finance Corporation to act as the local urban .homesteading agency to implement the program if funded: authorizing the City Manager to act as the City's authorized representative in all matter pertaining to the City's participation in the Urban Homestead Program. Barbara Ross, Community Development Coordinator, stated that the resolution would authorize the application of the City of Denton to the Department of Housing and Urban Development for the urban homesteading program. The Denton County Housing Finance Corporation voted Thursday to approve the agreement between the City and the Corporation pending a look by their attorney. City Manager Harrell stated that the City administrative staff would be doing all of the administrative work and the actual administration of the program even though the houses, for title purposes, would be owned by the Housing Finance Corporation and then turned over to the respective property owner. The following resolution was considered: NO. R90-035 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN URBAN HOMESTEADING PROGRAM APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: APPROVING AN AGREEMENT WIT THE DENTON COUNTY HOUSING FINANCE CORPORATION TO ACT AS THE LOCAL URBAN HOMESTEADING AGENCY TO IMPLEMENT THE PROGRAM IF FUNDED; AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE URBAN HOMESTEAD PROGRAM; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned. Gorton seconded to approve the On roll vote, Hopkins "aye," Gorton "aye," Ayer Mayor Castleberry "aye." Motion carried unanimously. resolution. "aye," and C. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City o~ Denton and the Texas Department of Commerce for an Enterprise Zone (Enterprise Zone I) within the limits of the City of Denton and extraterritorial ]urisdiction of the City. 72 City of Denton City Council Minutes July 17, 1990 Page 11 Linda Ratliff, Economic Development Coordinator, stated that the resolutions would approve the contracts for the establishment of Denton's two enterprise zones. Zone I with 9.11 square miles and Zone II with 7.31 square miles. Notification had been received from the Texas Department of Commerce that Denton had been awarded enterprise designation. The following resolution was considered: NO. R90-036 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRISE ZONE I) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to approve the resolution. On roll vote, Hopkins "aye," Gorton "aye." Ayer "aye," and Mayor Castlebe=ry "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 Texas Department of Commerce for an Enterprise Zone (Enterprise Zone II) within the limits of the City of Denton and extraterritorial jurisdiction of the City. The following resolution was considered: NO. R90-037 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE (ENTERPRISE ZONE II) WITHIN THE LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to approve the resolution. On roll vote, Hopkins "aye," Gorton "aye." Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 6. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The monthly budget ~ecap was p:~sent~d in the agenda back-up for Council's information. A fair amount of money had been spent at the landfill during the last several months in order to meet the requirements of the State Health Department. ~ City of Denton City Council Minutes July 17, 1990 Page 12 73 B. There would be a July 31, 1990 with formal budget presentations from the recipients. Council meeting hotel/motel tax C. John McGrane presented a concern from the City of Lewisville dealing with the budget of the Denton Central Appraisal District. By law the District had to submit their budget to tke various taxing entities. The City of Lewisville had several areas of concern (1) as Lewisville was in a similar situation as Denton with no probable employee salary increases, the District was proposing a 3-5% salary increase, (2) a mileage/car allowance concern, (3) a proposal by the District to do current tax collections for those entities which did not have that capability or which wanted to improve those capabilities, which appeared that the collection program was being subsidized from the appraisal side and (4) the amount of increase over last year which for the City of Denton might be responsible for, involved an increased cost of $26,800/$31,509 due to the amount of salary increase. Lewisville asked if the City of Denton would'be interested in joining them in attending a District Board meeting and expressing those concerns as a group. Consensus of Council was to proceed with expressing the City's concerns. 7. There was no official action taken during the Work Session Executive Session. 8. New Business There were no items of New Business suggested by Council Members for future agendas. 9. The Council did not meet in Executive Session during the Regular Session. With no further business the meeting was adjourned. Cl~ SECt~ETARY CITY OF DENTON, TEXAS 3283C