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Minutes October 16, 1990 CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 16, 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, Hopkins and Trent. Alexander, ABSENT: Mayor Pro Tem Boyd 1. The Council convened into the Executive Session to discuss legal matters (considered action regarding claim against Washington National), real estate, and personnel/board appointments (considered an appointment to the Planning and Zoning Commission and considered appointments to the Zoning Task Force). The Council received a report from Sandra Palacios-Plugge regarding a movie which will be filming in Denton near the end of October. 2. The Council received a report staff direction regarding an ordinance increase in the taxicab rates. and considered giving proposing a temporary John McGrane, Executive Director for Finance, stated that a request had been received from Denton Taxi Service and Denton City Taxi regarding a temporary increase in fare rates due to the rising fuel costs. The current~ate was $1.10 per mile and the proposed rate would be $1.30 per mile. Denton Taxi Service had indicated that their fuel costs had gone from $.97 per gallon to $1.27 per gallon with daily cost increases. The last time there was a rate increase, a public hearing was held although that was not a requirement. Staff was suggesting an ordinance change to cite a per mileage rate associated with the cost of gas. It was recommended that at the next Council meeting the Council consider an ordinance increasing the per mile rate to $1.30 for 30 days and staff continue to work on an ordinance with the Legal Department for a more permanent solution. Council Member Alexander suggested proceeding with the temporary increase without a public hearing and hold a public hearing when the final changes were proposed. Consensus of the Council was to proceed with staff recommendation. 3. Council reviewed and discussed the proposed contract for the Moore Building and possible use of the building. 211 212 City of Denton City Council Minutes October 16, 1990 Page 2 Steve Brinkman, Director of Parks and Recreation, stated that Moore's was proposing to donate to the City two buildings and a parking lot. One building was 150,000 square feet with 30,000 square feet for office space and 120,000 square feet for warehouse space. The second building had 10,000 square feet of warehouse space. The parking lot had 177 spaces and also 37 on-street parking spaces were available. Status of the structure included (1) it was a good downtown location, (2) it was a sound structure with heavy duty construction, (3) it would be easy to renovate, (4) it had a good fire sprinkler and electrical system, (5) there was some asbestos to contain in the building which would cost approximately $15,000 or to remove would cost approximately $100,000, and (6) the }IVAC system would need to be replaced before any long term use. Terms of the contract included (1) the City would accept the building on December 14, 1990, (2) the City would pay for all recording fees, title searches, surveys, and insurance needed to complete the transaction, (3) the City would reimburse Moore $4,000 which Moore paid to have the building appraised, (4) the City would reimburse Moore $430 for funds paid to the Missouri Pacific Railroad to hold a land lease used for a parking lot, and (5) Moore would pay all ad valorem taxes on the property for 1990 except those due the City of Denton. A potential long term option for the building was to use it for the new law enforcement/court complex. It would be cheaper to renovate the building than to build a new building. A new building would reduce the amount of money available as land would have to be purchased from the bond money approved by voters in the 1986 bond issue. Brinkman stated that the Comprehensive Space Master Plan Study would help determine the best use for the building. Lloyd Harrell, City Manager, stated that the Study would be completed before any decision would be made to use it for the law enforcement/court complex. Brinkman continued that there were three potential short term options for the building. Option I would mothball the building beginning December 15, 1990, for up to three years. This would shut down all non-essential equipment and would leave the building unoccupied. Option II proposed to vacate the current City Annex and move those Departments now located in the Annex to the Moo~e building. At the same time, approximately 15,000 square feet of the building would be needed to be rented to outside users to offset the costs of keeping the building open. Option III would allow the entire facility to be leased on a long term basis (20 years) to one lessee. This option assumed that the City would renovate the HVAC system before l~asing and would bc rcsponsibl~ for structural improvements only after that period. City of Denton City Council Minutes October 16, 1990 Page 3 Staff was recommending that the City accept the building and proceed with Option II. If the additional 15,000 square feet of the building could not be rented out, then staff was recommending Option III. Consensus of the Council was that Option II was the most desirable option and to proceed with such. The COuncil then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castlebe~ry; Council Members Alexander, Ayer, Gorton, Hopkins and Trent. ABSENT: Mayor Pro Tem Boyd 1. Pledge of Allegiance Council and audience recited the Pledge of Allegiance to begin the meeting. 2. Council considered approval of the minutes of the regular sessions of August 7, 1990 and August 21, 1990. Trent motioned, Gorton seconded to approve the minutes as presented. Motion carried unanimously. 3. Presentation of Yard of the Month Awards Mayor Castleberry presented the awards to the following: Don and Helene Woolet Fred Gossett Elton F. and Dixie Clardy Mayor Castleberry presented the following proclamations: Red Ribbon Week Business Women's Week 4. Public Hearings A. The Council held a public hearing to consider the final plat of Bell Place Addition, Lots 2R and 3R, being a replat of Lots 2,3, 4, and 7 of Bell Place. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. 213 214 City of Denton City Council Minutes October 16, 1990 Page 4 The Mayor closed the pubic hearing. Owen Yost, Urban Planner, stated that the property was located between Mingo and Bell, north of McKinney. The proposed use of the property was a place of worship on Lot 2-R. Lot 3-R was the site of future garden offices. Lots 5 and 6, currently the sites of one story offices, were currently developed and would remai~ unchanged within the proposed Lot 3-R. A ten foot strip of right-of-way would be dedicated to the City. Hopkins motioned, Ayer seconded to approve the plat. On roll vote. Trent "aye," Alexander "aye," Hopkins "aye." Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. Consent Agenda Ayer motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1136 - Participation Camping World 2. P.O. #99479 - Holman Boiler Works 3. Bid ~1068 - Lewisville/Ray Roberts Hydroelectric Change Order ~1 P.O. #84643 - Black & Veatch Change Order - Ray Roberts Lake P.O. 985491 - Black & Veatch Change Order - Lewisville Lake 6. P.O. ~10164 - General Electric 7. P.O. ~10165 - General Electric 6. Ordinances Mayor Castleberry stated that Ordinances 6.A. - 6.F. were implementing the Consent AGenda. City of Denton City Council Minutes October 16, 1990 Page 5 The following ordinances were considered: 6oa. NO. 90-153 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. 6.B. NO. 90-154 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY CONSTRUCTION COMPANY FOR A REDUCTION IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. NO. 90-155 AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK & VEATC~ FOR ENGINEERING SERVICES RELATING TO THE LAKE ~ RAY ROBERTS HYDROELECTRIC FACILITY: AND PROVIDING FOR AN EFFECTIVE DATE. 6 .D, NO. 90-156 AN ORDINANCE APPROVING AMENDMENT NO. 2 TO AN AGREEMENT FOR DESIGN ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK & VEATCH FOR ENGINEERING SERVICES RELATING TO THE LAKE LEWISVILLE HYDROELECTRIC FACILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 6 .E. NO. 90-157 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. 215 216 City of Denton City Council Minutes October 16, 1990 Page 6 6.F. NO. 90-158 AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S PARTICIPATION IN THE COST OF INSTALLING WATER AND SEWER FACILITIES FOR CAMPING WORLD DEVELOPMENT: AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT: APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Trent seconded to approve Agenda Items 6.A. - 6.F. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving the funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. Lloyd Harrell, City Manager, stated that this item was implemented by the new budget. The following ordinance was considered: NO. 90-15,~ AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER: AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance amending Article V of Chapter 24 "Traffic" of the Code of Ordinances of the City of Denton, Texas by amending Section 24-131 (c) (2) to provide a revised storage fee; repealing Section 24-131 (12): repealing all ordinances in conflict herewith. Lloyd Harrell, City Manager, stated that Items 6.H. and 6.I. implemented fee changes approved by Council in the new budget. The following ordinance was considered: City of Denton City Council Minutes October 16, 1990 Page 7 217 NO. 90-160 AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 24 "TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 24-131 (c) (2) TO PROVIDE A REVISED STORAGE FEE; REPEALING SECTION 24-131 (12): REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance amending Chapter 5, Article I (Building Code) of the Code of Ordinances of the City of Denton, Texas to provide for amendments to Section 5-3, by amending the 1985 Uniform Building Code thereto to provide for demolition fees; and repealing all ordinances in conflict herewith. The following ordinance was considered: NO. 90-161 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR AMENDMENTS TO SECTION 5-3, BY AMENDING THE 1985 UNIFORM BUILDING CODE THERETO TO PROVIDE FOR DEMOLITION FEES; REPEALING ALL ORDINANCE SIN CONFLICT HEREWITH: AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. J. The Council considered adoption of an ordinance abandoning and vacating a portion of Myrtle Street located between Daugherty Street and Locust Street as a public street: and reserving a utility and drainage easement therein. (The Planning and Zoning Commission recommended approval.) Jerry Clark, City Engineer, stated that this abandonment was located in the area just off Fort Worth Drive in the area where the Eagle Point Subdivision was proposed. Access to the site had been discussed with Council earlier in the year and this ordinance would begin abandonment of the one section of Mrytle Street which had been agreed was not necessary for access to the area. 218 City of Denton City Council Minutes October 16, 1990 Page 8 The following ordinance was considered: NO. 90-162 AN ORDINANCE OF THE ~ITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTIION OF MYRTLE STREET LOCATED BETWEEN DAUGHERTY STREET AND LOCUST STREET AS A PUBLIC STREET; RESERVING A IUTILITY AND DRAINAGE EASEMENT THEREIN; AND DECLARING!AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. i · Council Member Trent asked w~at type of barricade would be constructed and the cost of the!barricade. Clark replied it would be a tr~affic barricade with an 8" post and steel barrier with reflective tape and a warning sign. The Eagle Point Subdivision would lbe responsible for the cost of the barricade once work was completed on the south end. Council Member Trent asked how!long it would take to erect the barricade. ~ Clark replied one to two weeks. On roll vote, Trent "aye," ~lexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. K. The Council considered adoption of an ordinance accepting a tract of land, a~ shown in the dedication deed executed by Denton Bible Churdh, attached hereto, for street and utility purposes. Jerry Clark, City Engineer, s~ated that the right-of-way was associated with the Nottingham project between University Drive and Mingo Road. Denton Bible C~urch had agreed to dedicate the street right-of-way following ~everal months of meetings and discussion concerning the alignment of the street through their tract. The following ordinance was considered: NO. 90-163 AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION DEED EXECUTED BY DENTON BIBLE CHURCH, ATTACHED HERETO, FOR ~TREET AND UTILITY PURPOSES: AND DECLARING AN EFFECTIVE !DATE. City of Denton City Council Minutes October 16, 1990 Page 9 Trent motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. L. The Council considered adoption of an ordinance of the City of Denton vacating a public utility easement located near the intersection of Highway 380 and Cooper Creek Road, on property owned by Safety-Kleen. Jerry Clark, City Engineer, stated that the easement was located on the south end of the Safety Kleen property. There was no longer a need for electric service to that portion of the property and Safety Kleen was requesting removal of the easement. The following ordinance was considered: NO. 90-164 AN ORDINANCE OF THE CITY OF DENTON VACATING A PUBLIC UTILITY EASEMENT: AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Alexander seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. M. The Council considered adoption of an ordinance amending Article III of Chapter 2 "Administration" of the Code of Ordinances of the City of Denton, by adding a new Section 2-39, entitled "Change Orders". Lloyd Harrell, City Manager, stated that this item tracked the state statutes regarding the administration of change orders. The current City code did not address the handling of change orders through a series of amendments made to the purchasing section of the ordinance. This put in place a formal procedure to handle change orders that might come about regarding City contracts. The following ordinance was considered: NO. 90-165 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING A NEW SECTION 2-39, ENTITLED "CHANGE ORDERS": REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING FOR AN EFFECTIVE DAT~. 219 22O City of Denton City Council Minutes October 16, 1990 Page 10 Ayer motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 7. Resolutions A. The cOuncil considered approval of a resolution approving the 1990-91 fiscal year budget of the Denton County Emergency Communication District pursuant to Article 1432e V.A.T.S. The following resolution was considered: NO. R90-055 A RESOLUTION APPROVING THE 1990-91 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT PURSUANT TO ARTICLE 1432e V.A.T.S.; AND DECLARING AN EFFECTIVE DATE. Council Member Trent questioned the attorney's fee. Was it charged against a billing or how was it figured. John McGrane, Executive Director for Finance, replied that the fee was paid whether the work was done or not. The attorney had to attend the monthly meetings and any special meeting of the Board plus any review of documentation. The figure did guarantee the attorney a certain number of hours per month Council Member Trent asked who hired the attorney. McGrane replied that the DENCO Board hired the attorney. Council Member Trent questioned the escalation of the rent of the office space used by DENCO. McGrane replied that the first director of the DENCO E9-1-1 entered into a three year lease for office space in Lewisville off of I35. At the time the Board approved the lease, the lease called for free rent for approximately six months and then after that the lease would escalate on an annual basis to the $15 per square foot. Mr. Munn, the current director, had indicated to him that he would strongly advise the Board to look at other space when the lease expired or renegotiate the lease. Council Member Ayer asked about the City's role in approving the budget. City of Denton City Council Minutes October 16, 1990 Page 11 McGrane stated that the city with the largest amount of customers had to approve the budget and then a majority of the other entities had to also approve the budget. Council Member Trent stated he felt that the Board had a certain amount of money to spend and they would spend it no matter what. He felt that that was not being responsible to the citizens who had to pay for the system. Alexander motioned, Ayer seconded to approve the resolution. On roll vote, Trent "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried with a 5-1 vote. 8. The Council considered a motion to adopt an annexation schedule setting the date, time, and place for public hearings for the annexation of approximately 920.42 acres located east of and abutting I35W at the intersection of Allred Road and the annexation of 450 acres at the intersection of I35W and FM 2449. Frank Robbins, Executive Director for Planning, stated that the Council had initially adopted a schedule at its meeting of October 2, 1990. Since that time, staff had received a petition for a 450 acre tract which was contiguous to TPG's property. As the Zoning Task Force was appointed on October 2, 1990, the proposed schedule would al~Low for their review of the Planned Development section of the~oning Ordinance during the annexation process. The proposed schedule would coincide with the Council's regular meetings, rather than special meetings, Hopkins motioned, Trent seconded to adopt annexation Schedule 2A. On roll vote, Tren.t "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following item: A. Harrell stated that the Mayor was working on the appointment of an additional official to serve on the 9-1-1 Board. Two members of the Board were appointed by the cities within the County. That was done on a staggered basis each year. One of the city representatives was Olive Stephens who was the Mayor of Shady Shores. The second seat was held by an individual who was not associated with any city government. Future appointments would try to have someone associated with a city government. 221 222 City of Denton City Council Minutes October 16, 1990 Page 12 10. Official Action on Executive Session Items The following action was taken on items discussed in the Work Session Executive Session: A. Hopkins motioned, Alexander seconded to appoint Richard Norton and Steve Fanning to the Zoning Task Force. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. Ayer motioned, Gorton seconded to appoint Roy Appleton III to the Planning and Zoning Commission to fill the unexpired term of Etha Kiker. On roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion carried unanimously. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Hopkins asked why there was a delay in the Council receiving information on the exclusion of the utility rate. It was her understanding that the Public Utilities Board was to meet in a special meeting immediately after the Council's last meeting and that by this Council meeting, the Council was to have a recommendation regarding the exclusion in the utility rates. She had been assured by Utility Board members that they would meet and would have a recommendation for Council. City Manger Harrell stated that the Public Utilities Board had not met since the last Council meeting. An electric rate discussion had been scheduled for the last Council meeting but had been pulled due to conversations some Council Members had had with Utility Board members. The Public Utilities Board was scheduled for a meeting on Wednesday. On that agenda was a discussion of the electric rates for worship categories. Bob Nelson, Executive Director for Utilities, in the meantime, had come up with an optional rate for that category. All that information could be presented at the next Council meeting if the Council so desired. City of Denton City Council Minutes October 16. 1990 Page 13 12. The Council did not meet in the Executive Session during the Regular Session. With no further business, the meeting was adjourned at 7:54 p.m. BOB CASTLEBERRY, M~YO~,,~ C I TY OF DENTON, TE/XAS 3308C