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Minutes December 18, 1990CITY OF DENTON CITY COUNCIL MINUTES DECEMBER 18, 1990 The Council convened into the Work Session at 6:00 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Ayer, Gorton, Hopkins and Trent. ABSENT: Council Member Alexander 1. The Council convened into the Executive Session to discuss legal matters (considered action in County vs. City), real estate, and personnel/board appointments (considered appointments to the Sign Board of Appeals, the Animal Control Advisory Committee and the Historic Landmark Commission.) 2. The Council was to hold a briefing and discuss the status of various highway projects. This item was held for a future agenda. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council Members Ayer, Gorton, Hopkins and Trent. ABSENT: Council Member Alexander 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. The Mayor presented a resolution of appreciation to the City of Denton from the Steering Committee for Denton County Water Supply for the City's support. 2. The Council received a citizen report from Cleolen Warnack regarding a property claim against the City. Mr. Warnack presented the details of his claim against the City dealing with several power surges that occurred October 10, 1990. His electrician felt that there was a low voltage problem due to a faulty wire on the city-side of the service. He filed a claim form with the City for damage to his dryer and two television sets. The insurance company offered to settle for $66.29 for his dryer, and one T.V. for $80.05. That was not acceptable to him. Council Member Trent asked what Mr. Warnack felt was a fair and equitable position for Council to take. City of Denton City Council Minutes December 18, 1990 Page 2 Warnack replied that he felt that the City was responsible for the breakage of the appliances and should repair them. Council Member Trent asked again what Mr. Warnack felt was an equitable solution. Warnack replied that his homeowners insurance would pay for everything except $250.00 of the $1235 of his claim. Public Hearings A. The Council held a public hearing to consider rezoning and adoption of an ordinance on 1.22 acres of land located on the north side of Howard Court rezoninq the property from "A" Agricultural and "PD-76" Planned Development Districts to "SF-7" Single Family Residential District. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. Bud Hauptman, Metroplex Engineering, stated that he was representing the property owners. He stated that the owners had purchased the property to combine it with another lot for development. Mayor Pro Tem Boyd asked if the owners intended to subdivide the property. Hauptman replied yes that it would be divided into two lots. All improvements were in place for one lot and one lot would require improvements. Council Member Ayer stated that Lot 4lA was quite a bit larger than others in the area. Was that a point of concern. Hauptman replied no that the home build on the lot would be consistent with others in the area. It would just have a larger lot than the others. Lou Kraft stated that he was required to purchase the whole acre for development. No one spoke in opposition. The Mayor closed the public hearing. Frank Robbins. Executive Director for Planning, stated that staff did not have anything additional information to present to Council. City of Denton City Council Minutes December 18, 1990 Page 3 The following ordinance was considered: NO. 90-194 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) AND PLANNED DEVELOPMENT (PDt76) TO SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.222 ACRES OF LAND LOCATED ON THE NORTH SIDE OF HOWARD COURT CUL-DE-SAC, 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. 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. 4. Consent Agenda Gorton motioned, Boyd seconded to approve the Consent Agenda as presented. Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid ~1179 - Evers Park Lighting 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. (4.A.1. - Bid ~1179) The following ordinance was considered: NO. 90-195 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, Boyd seconded to adopt the ordinance. vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer Boyd "aye," and Mayor Castleberry "aye." Motion unanimously. On roll "aye," carried City of Denton City Council Minutes December 18, 1990 Page 4 B. The Council considered adoption of an ordinance prohibiting the parking of vehicles of the east side of Miller Street, from its intersection with West Oak Street to its intersection with West Hickory Street between the hours of 7:30 a.m. and 7:00 p.m. on certain days. (The Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the Citizens Traffic Safety Support Commission had reviewed the request at its September meeting. The request had been made by several motorists in the area. Miller Street was very short and narrow and parking on both sides of the street made the street difficult to maneuver for possible emergency vehicles. The Commission was recommending removal of parking on one side of the street and the neighbors requested the east side of the street have the parking removed. Council Member Ayer asked why the hours were being limited for the no parking if one of the reasons for limiting the parking was to facilitate the movement of emergency vehicles. Svehla replied that the majority of the vehicles were parked in that location was during class hours at the University of North Texas. The owners of the property had provisions for parking on their property. Council Member Ayer felt that if the problem existed for twelve hours of the day, then it existed for twenty-four hours of the day. Council Member Hopkins suggested passing the ordinance as presented and then checking later if twenty-four hour no parking was needed. Svehla replied that the property owners would be contacted for twenty-four hour no parking. The following ordinance was considered: NO. 90-196 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE WEST SIDE OF MILLER STREET, FROM ITS INTERSECTION WITH WEST OAK STREET TO ITS INTERSECTION WITH WEST HICKORY STREET BETWEEN THE HOURS OF 7:30 A.M. AND 7:00 P.M. ON CERTAIN DAYS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes December 18, 1990 Page 5 Ayer motioned, Hopkins seconded to adopt the ordinance with the understanding that the matter would be reviewed by the Citizens Traffic Safety Support Commission for possible amendment for twenty-four hour no parking. On roll vote, Trent ',aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance establishing authority for an active and continuing records management program to be administered by the Records Management Officer in accordance with the requirements of the Local Government Records Act. Lloyd Harrell, City Manager, stated that the ordinance had been prepared in compliance with state law requirements that a program be on the books by January 1, 1991. Council Member Hopkins requested staff to look into funding to preserve old records and for record preservation. The following ordinance was considered: NO. 90-197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING AUTHORITY FOR AN ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM TO BE ADMINISTERED BY THE RECORDS MANAGEMENT OFFICER IN ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL GOVERNMENT RECORDS ACT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Ayer motioned, Gorton seconded to adopt the ordinance. vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer Boyd "aye," and Mayor Castleberry "aye." Motion unanimously. On roll "aye," carried 6. Resolutions A. The Council considered approval of a resolution establishing a Storm Water Utility Advisory Committee. (The Public Utilities Board recommends approval.) Bob Nelson, Executive Director for Utilities, stated that the resolution would provide for the creation of the Committee for Stormwater Utility which would study issues related to the Stormwater Management Programs and alternate methods of funding such programs. City of Denton City Council Minutes December 18, 1990 Page 6 Council Member Hopkins asked if the committee wo%ld be too large with twenty members. Nelson replied that the affected parties were great so that a large representation from the City was needed. Council Member Hopkins felt that as there were four districts in the City, the number of members selected from residential areas should be increased from three to four. The following resolution was considered: R90-069 A RESOLUTION CREATING THE BLUE RIBBON COMMITTEE FOR STORM WATER UTILITY TO FORMULATE AND PROVIDE RECOMMENDATIONS TO THE PUBLIC UTILITY BOARD AND CITY COUNCIL RELATIVE TO THE NEED OF A STORM WATER UTILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Gorton motioned, Boyd seconded to adopt the ordinance. Hopkins motioned, Boyd seconded to amend the main motion to increase the members selected from residential areas from three to four. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and,Mayor Castleberry "aye." Motion carried unanimously. Council Member Gorton questioned having Council representation on the Committee. The Council Members would be in effect making a recommendation to the Council for which they would ultimately have to vote on. Council discussion centered on the merits of Council representation on the Committee with issues of Council pointing out budget restraints to other members if necessary, the tendency of Council representation having an undue influence on the Committee and possible pro/con influence on Council representatives when a matter was before Council for a vote. Gorton motioned, Hopkins seconded to amend the main motion by striking the two members of the City Council from the list of individuals to be appointed. On roll vote, Trent "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Trent asked for a time frame to implement the regulations. City of Denton City Council Minutes December 18, 1990 Page 7 Nelson replied that it was a two-fold issue. The Environmental Protection Agency had promulgated the rules for stormwater management. In the regulations, cities over 250,000 population had to begin the monitoring, etc. in the near future. Cities at 100,000 population had a longer time frame. As the City of Denton was not at the 100,000 population yet, it still had a while to implement the regulations. However, Nelson felt that the sooner the City could establish how it was going to deal with the issues, the better the chance the City would have a set of rules and regulations that it could work with. Mayor Pro Tem Boyd stated that there were some industries that were already affected by the new regulations. Advance planning was needed for when the City's population was over 100,000. Council Member Ayer requested Ribbon Committee be informed removed Council representation reasons why. that the members of the Blue that the Council deliberately from the Committee and the The Council voted on the main motion as amended. 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 authorizing the Police Department to use unmarked vehicles. Tom Shaw, Purchasing Agent, stated that a previous resolution had the Assistant Purchasing Agent responsible for the unmarked plates. As that position had been eliminated, it was necessary to change the resolution to allow the Purchasing Agent to process the paperwork. Council Member Ayer stated a concern that the unmarked vehicles hinted of the possibility of secret police activities and expressed the need to be very careful in carrying out the intent of the resolution. Shaw replied that there was a system of checks and balances in the procedure where the Police Chief indicated the need for the vehicles and the Purchasing Agent processed the actual paper work. Mayor Pro Tem Boyd asked if some of the vehicles were in the take-home pool. Shaw replied yes. He stated that there were three categories of law enforcement vehicles. One was the obviously marked police car. one was the car with unmarked plates, and one was a vehicle not licensed to the City of Denton. Those ears were licenses under an alias name. City of Denton City Council Minutes December 18, 1990 Page 8 Mayor Pro Tem Boyd felt that there might be a potential for abuse. He assumed there was a policy regarding the use of these types of vehicles. The following resolution was considered: NO. R90-070 A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO USE UNMARKED VEHICLES: AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Boyd requested a report on policy regarding take-home vehicles with unmarked plates. Boyd motioned, Gorton 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 assigning a portion of its authority to issue single family housing bonds to Denton County, Texas and resolving other matters in connection therewith. Lloyd Harrell, City Manager, stated that the proposed resolution would help the Denton County Housing Finance Corporation to be in the first category of priority for reservation of 1991 allocations. The following resolution was considered: NO. R90-071 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ASSIGNING A PORTION OF ITS AUTHORITY TO ISSUE SINGLE FAMILY HOUSING BONDS TO DENTON COUNTY, TEXAS AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH. Gorton motioned, Boyd 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. D. The Council considered approval of a resolution postponing the regular Council meeting of January 15, 1991 to January 22, 1991. City of Denton City Council Minutes December 18, 1990 Page 9 The following resolution was considered: NO. R90-072 A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF January 15, 1991 to January 22, 1991; AND PROVIDING FOR AN EFFECTIVE DATE. 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, did not have any items for the Council. 8. The Council took the following action on items discussed during the Work Session Executive Session: A. Gorton motioned, Boyd seconded that the City of Denton retain the law firm of Henderson Bryant & Wolfe as lead counsel in the matters of County vs. City, Cause No. 87-4366-C in regards to Flow related matters. On roll vote, Trent "aye," Hopkins "aye." Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried unanimously. 9. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent suggested looking into the drainage problems in the Hobson Lane/Forrestridge area. B. Mayor Pro Tem Boyd suggested looking into the drainage problems in the southeast part of Denton. C. Council Member Ayer suggested as a follow-up from an Executive Session item, that staff be directed to prepare an ordinance to amend the regulations regarding the conflict of interest for Board/Commission members particularly the Plumbing/Mechanical Code Board and the Electrical Code Board. The change would be to make those boards advisory in nature rather than decision making. City of Denton City Council Minutes December 18, 1990 Page 10 10. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 8:25 p.m. CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY~R ~ CITY OF DENTON, TEX~S / 3331C