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Minutes November 06, 19902,235 CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 6, 1990 The Council convened into the Work Session at 4:00 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Ayer, Hopkins and Trent. ABSENT: Council Members Alexander and Gorton 1. Introduction of and comments from Ken Burdick, the new Economic Development Director of the Denton Area Chamber of Commerce. The Mayor introduced Ken Burdick, Economic Development Director of the Denton Area Chamber of Commerce. Mr. Burdick stated that he was looking forward to working with the City of Denton and with the Denton City Council. 2. The Council received and discussed an overview of the proposed storm water utility. Bob Nelson, Executive Director for Utilities, stated that storm water management was changing rapidly. Previous concerns had been with a quantity issue with current concerns gearing towards the quality of storm water as~ well as quantity. Historically, drainage system construction, operation and maintenance had been funded by ad valorem property taxes. A concern was an equitable way to pay for the present storm water quantity function plus the future storm water quality aspects. In 1989, the Legislature amended the Local Government Code to allow cities to establish drainage utilities. The legislation was designed to allow establishment of a utility user fee that could be charged to each property owner in proportion to that property's contribution to the cost of constructing, operating and maintaining a storm water system, including water quality monitoring and treatment, if required. Properties with more run off area such as parking lots, etc. would pay a greater share than properties with more open space. The Public Utilities Board had reviewed the issue and felt that there were sufficient issues relating to equity and future regulatory issues to warrant further study. They were recommending a two phase approach which included (1) appointing a broad based community advisory committee to study the issues and get input from the many different affected, interests in the community - this committee would be charged with advising the Board and the Council on whether the present and future storm water issues warrant the establishment of a Storm Water Utility; (2) if the Storm Water Utility Advisory Committee recommended to proceed, they would advise the Board and Council on how to implement such a utility. 236 City of Denton City Council Minutes November 6, 1990 Page 2 Lloyd Harrell, City Manager, stated that the reasons for the committee included (1) an equity question on how to assess for storm water treatment and collection purposes on an equal basis, (2) in a community like Denton, it became more important as there were institutions which contributed storm water to the system and did not pay a,ny costs for that contribution, (3) it would be a way to spread the financial burden from quantity storm water to quality storm water to a broader spectrum in the community. Mayor Pro Tem Boyd stated that certain uses of land produced a lower quality of run-off and this would be a way to look at that issue as well. Nelson reviewed the policies and issues that the committee would deal with. The volume and quality issues would be included. Council Member Trent suggested the committee take a long look at the issues and come up with good guidelines on how to detail the regulations. Nelson replied that the committee would first address the equity issues. Council Member Gorton joined the meeting. Council continued with a discussion regarding equity of charges for quality and quantity of run-off. Council Member Ayer suggested a smaller committee than one of twenty members. The proposed schedule of meetings would not be adequate for dealing with the problem. Council Member Hopkins asked how this would be different from an impact fee and would it be retroactive to current properties. Nelson replied that an impact fee was charged for each new customer coming on the system. This would be a monthly charge which would be charged to all customers in the City of Denton. Discussion was held committee's work. regarding the time frame for the Consensus of the Council was to move ahead with the committee. Council approval of the members for the committee would be scheduled for a meeting in December with committee meetings to begin in January. City of Denton City Council Minutes November 6, 1990 Page 3 3. The Council considered a nomination to the Denton Central Appraisal Review Board. Council Member Ayer felt that more information was needed regarding which term was up for reappointment. Consensus of the Council was to place the item on the November 20 agenda with sufficient back-up to determine which term was up for reappointment and who was eligible for reappointment. 4. The Council convened into the Executive Session to discuss legal matters (considered action in Count~ v. Cit~), real estate, and personnel/board appointments (continued evaluations of the City Attorney and Municipal Judge). The Council then convened into the Regular Session at 5:15 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Ayer, Gorton, Hopkins and Trent. ABSENT: Council Member Alexander Pledge of Allegiance The Council and audience recited the Pledge of Allegiance. Sigma Chi Fraternity presented the Denton Independent School District a check from the proceeds of their "Kids Month" activities. 2. The Council considered approval of the minutes of the regular sessions of September 4, 1990, September 18, 1990, October 2, 1990 and October 16, 1990 and the special call sessions of August 28, 1990, September 11, 1990, and September 19, 1990. Ayer motioned, Hopkins seconded to approve the minutes as presented. Motion carried with a 5-0 vote with Mayor Pro Tem Boyd abstaining as he was not present for all of the meetings. Public Hearings. A. The Council held a public hearing on the proposed annexation of 1367.12 acres located north of Crawford Road at the intersection of Allred Road and I35W (A-59) (The Planning and Zoning Commission recommended approval.) Lloyd Harrell, City Manager, stated that this was the first of two public hearing on the proposed annexation. A detailed staff presentation had been presented at an earlier meeting. 237 238 City of Denton City Council Minutes November 6, 1990 Page 4 Council Member Gorton asked if the area had been checked to be sure there were no tire dumps or similar areas in the proposed annexation area. Frank Robbins, Executive Director for Planning, stated that there were no such areas in the proposed annexation. The Mayor opened the public hearing. Ron White, Perot Group, stated that as applicant of 920 acres of the proposed annexation, he was in favor of the annexation. The intent was to run a parallel path of annexation and zoning so that the property would be marketable as soon as possible. Mike Reynolds, Henry S. Miller, stated that 420 acres of their property were included in the proposed annexation. He requested the Council favorable consider the annexation. No one spoke in opposition. The Mayor closed the public hearing. B. The Council held a public hearing and considered adoption of an ordinance amending the provisions applicable to Planned Development No. 108 located on the east side of Carroll Boulevard between Prairie and Highland Streets, to allow for signs in accordance with Article 17, Appendix B, Zoning Ordinance. (The Planning and Zoning Commission recommended approval.) Karen Feshari, Urban Planner, stated that the property was located on Carroll Blvd. between Highland and Prairie Street. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Dale Irwin, petitioner, stated that when the property was platted, there were no zoning restrictions. Now the zoning restrictions would not allow signs that others with similar situations were allowed. The amendment would allow all types of signs provided they were in conformance with Art. 17 "Sign Regulations'. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes November 6, 1990 Page 5 The following ordinance was considered: NO. 90-170 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROVISIONS APPLICABLE TO PLANNED DEVELOPMENT DISTRICT NO. 108; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF ~2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. Mayor Pro Tem Boyd asked if this amendment would apply only to this one property. Feshari replied yes. The Council voted on the motion. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 4. Consent Agenda Gorton motioned, Hopkins seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 6. 7. 8. 9. Bid #1151 - Wire, Cable, PVC Conduit & Cable Enclosure Boxes Bid #1156 - Tires and Services Bid #1157 - Automotive Filters Bid ~1158 - Copper Naphthenate Treated Wood Poles Bid #1171 - Wire, Aluminum 4/0 & 2/0 P.O #10243 - Bouvier Hydropower, Inc. P.O. ~10248 - CLM Systems, Inc. P.O. #10650 - General Electric P.O. #10651 - General Electric 239 24O City of Denton City Council Minutes November 6, 1990 Page 6 B. Plats and Replats 1. Consider the preliminary replat of the Denton Area Teachers Credit Union Addition, Lot 1, Block A. 5. Ordinances Mayor Castleberry stated that Ordinances 5.A. - 5 .C. were implementing the Consent Agenda. The following ordinances were considered: 5.A. NO. 90-171 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. 5.8, NO. 90-172 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. 5,C, NO. 90-173 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. Gorton motioned, Hopkins seconded to adopt Ordinances 5.A. - 5.C. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. City of Denton City Council Minutes November 6, 1990 Page 7 241 D. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Denton City-County Day Nursery; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. Lloyd Harrell, City Manager, stated that Items D., E., F., and G. were budget items approved by Council during the budget process. The following ordinance was considered: NO. 90~174 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Gorton seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 90-175 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS AUTHORIZING THE MAYOR TO EXECUTE APPROVING THE EXPENDITURE OF FUNDS PROVIDING FOR AN EFFECTIVE DATE. OF THE FAMILY; THE AGREEMENT; THEREFOR; AND F. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. Ayer motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins. "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 242 City of Denton City Council Minutes November 6, 1990 Page 8 The following ordinance was considered: NO. 90-176 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Ayer seconded to adopt the ordinance. On roll vote, -Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs (SPAN); authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: NO. 90-177 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "ay.e," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving a release and settlement agreement of all claims for pending litigation between the City of Denton and Glen Allan Smithers. The following ordinance was considered: NO. 90-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A RELEASE AND SETTLEMENT AGREEMENT OF ALL CLAIMS FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND GLEN ALLAN SMITHERS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes November 6, 1990 Page 9 Hopkins motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. I. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Moore Business Forms, Inc. to provide for the donation of real property to the City of Denton. Lloyd Harrell, City Manager, stated that this would be a sizeable donation to the City of Denton and would greatly benefit the City. Steve Brinkman, Director of Parks and Recreation, stated that facility would be a big asset to the City. Upon approval, staff would begin moving ahead for leasing office space in the building. Some City operations would be moved to that location. City Manager Harrell stated that the City would be doing a space study to determine the best long term use of the facility. There was a possibility of using the facility for a law enforcement/court complex. The City would be paying a small amount of closing costs for the building. The following ordinance was considered: NO. 90-179 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND MOORE BUSINESS FORMS, INC. TO PROVIDE FOR THE DONATION OF REAL PROPERTY TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Ayer seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution postponing the regular Council meeting of December 4, 1990 to December 11, 1990. Lloyd Harrell, City Manager, stated that the first meeting in December needed to be postponed due the conflict with the NLC-Houston Conference. 243' 244 City of Denton City Council Minutes November 6, 1990 Page 10 The following resolution was considered: R90-056 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF DECEMBER 4, 1990 TO DECEMBER 11, 1990; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Hopkins seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. B. The Council considered approval of a resolution supporting judicial action to effect a statistical correction of the 1990 census. Harry Persuad, Senior Planner, stated that the preliminary census figures presented an undercount of about 6.5%. There were many other cities experiencing an undercount. The United States Conference of Mayors was requesting cities nation-wide to adopt a resolution urging the Congress and the President to enact legislation mandating a statistical correction of the 1990 census and to send letters to their respective congressional delegation apprising them of the issue. The following resolution was considered: NO. R90-057 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING JUDICIAL ACTION TO EFFECT A STATISTICAL CORRECTION OF THE 1990 CENSUS; AND DECLARING AN EFFECTIVE DATE. Boyd motioned, Ayer seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered approval of a resolution authorizing the closing of portions of Egan Street from Lovell Street, Eagle Drive, Dallas Drive, and Walnut Street as provided herein. Lloyd Harrell, City Manager, stated that the Council had received additional petitions, detours and supplemental information regarding the proposed street closings. City of Denton City Council Minutes November 6, 1990 Page 11 Council Member Trent stated that there were 13 individuals not contacted on one of the petitions. Were there any subsequent attempts to reach those individuals. Betty McKean, Executive Director for Municipal Services and Economic Development, stated that those individuals were contacted a number of times and possibly there were no residents in those homes. Flyers in both English and Spanish were placed at those homes. Council Member Gorton asked if the street closings could be changed from the two Fridays to two Sundays. Sandy Palacios-Plugge, Location Manager, stated that some of the unions and guilds involved in the movie did not allow Sunday filming. Also there were regulations on the number of hours the children in the film could work as well as the crews. Council Member Gorton stated that he was trying to allow normal traffic on two Fridays and shift the shooting to Sundays. Plugge replied that there were regulations concerning so many days working and so many days not working. She was not qualified to give specific details regarding those regulations. Council Member Gorton asked about the possibility of starting the shooting at 10:00 a.m., allowing normal traffic on the street between 5:00 p.m. and 6:00 p.m. and return to shooting from 6:00 p.m. to 11:00 p.m. McKean stated that when the filming shifted from day to night shooting, the traffic would be allowed to use the street. Council Member Ayer asked if it would be better to formalize the hours so that they did not occur at different times. Mayor Castleberry stated that this had been discussed and there was a reason for not indicating specific times. Plugge stated that it would be a hardship on the shooting to place specific stOpping times in the resolution. If the shooting was going well or the scene was particularly good, it would be hard to stop the shooting at a specific time. Traffic would be allowed to go through the area during the dinner break. Council Member Ayer stated that in the future the Council needed to look at street closings with perhaps a different point of view. In the past, if a single business objected to the closing, it was not done. In this instance, there were several objections. He was not suggesting that the Council not close the streets, but was suggesting that in the future the Council might look at other cases with a different point of view. 245 246 City of Denton City Council Minutes November 6, 1990 Page 12 The following resolution was considered: NO. R90-058 A RESOLUTION AUTHORIZING THE CLOSING OF PORTIONS OF EGAN STREET, LOVELL STREET, EAGLE DRIVE, DALLAS DRIVE, AND WALNUT STREET AS PROVIDED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motioned, Ayer seconded to.approve the resolution. Gorton motioned, Ayer seconded to amend Section I of the resolution to read: "from the hours of 10:00 a.m. to 5:00 p.m. and 6:00 p.m. to 11:00 p.m." Council Member Trent felt that that may be creating more of a problem in that the movie company may not need the street closed that length of time. The Council discussed the pros and cons of opening the street at a specific time during the evening hours. Council voted on the amended motion. On roll vote, Trent "nay," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Castleberry "nay." Motion failed on a tie vote. The Council then voted on the main motion. On roll vote, Trent "aye," Hopkins "aye," Gorton "nay," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried with a 5-1 vote. D. The Council considered approval of a resolution nominating John McGrane to the E911 Board of Directors. The following resolution was considered: NO. R90-059 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. Gorton motioned, Ayer seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 7. The Council considered an appointment of a Deputy City Secretary. City of Denton City Council Minutes November 6, 1990 Page 13 Lloyd Harrell, City Manager, stated that Catherine Tuck, Administrative Assistant in the City Manager's office, was being proposed as a Deputy City Secretary. She would fill-in when the City Secretary and First Deputy City Secretary were absent. Boyd motioned, Ayer seconded to approve the appointment. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Money had been allocated in this year's funding of the federal budget for the Greenbelt project. B. A new street sweeper demo model was on the job to fill in until the new sweeper was received. 9. There was no official action taken during the Executive Session held after the Work Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent suggested Council receive a tally of new building permits. This could be a monthly report. 11. The Council did not meet in Executive Session in the Regular Session. With no further business, the meeting was adjourned at 6:40 p.m. 247 CITY3 SECRetARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYO~ ~ CITY OF DENTON, TEXA~ / 3314C