Loading...
Minutes July 16, 1991193 CITY OF DENTON CITY COUNCIL MINUTES JUly 16, 1991 The Council convened into the Work Session at 5'15 p.m. in the Civil Defense Room. ' PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry, Smith and Trent. ABSENT: Council Member Alexander 1. The Council convened into the Executive Session to discuss legal matters (considered action regarding the claim of Michael Wilson), real estate, and personnel/board appointments (considered appointments to all City of Denton Boards Commissions and Task Forces). ' ' ' 2. The Council received a report and held a discussion regarding a review of the Denton Central Appraisal District,s budget. Harlan Jefferson, Treasurer, stated that last year the Council had disapproved the Denton Central Appraisal District,s. budget because it significantly increased over the previous year's budget. The 1992 proposed budget had an 8.6% increase. The reasons for the increase were different from the previous year. Last year the increase was due to salary adjustments. This year the increases were due to changes mandated by the State Legislature. These changes included a new record management act, an agent of record form and a change in the availability of records during the appraisal hearing process. The City's allocation to the District would increase from $160,200 to $168,467. Staff was needing direction from Council on how to approach this budget - whether to present the City's concerns at the upcoming public hearing, to formally disapprove the budget or to take no action regarding approval or disapproval of the proposed budget. Council Member Trent asked about the number of appraisers the District had. Jefferson stated that the District had 47 employees. Council Member Trent asked how many pieces of property each appraiser had to handle each year. John McGrane, Executive Director for Finance, stated that there were 13 appraisers for the entire County. Jefferson asked if Council had any questions it wished to be raised during the upcoming public hearing. 194 City of Denton City Council Minutes July 16, 1991 Page 2 Council Member Perry asked if this was a reasonable budget. McGrane replied that staff could do some type of comparisons with different appraisal districts. Consensus of the Council was to not approve or disapprove the budget. The City would not make any comments regarding the budget. 3. The Council received comments and gave further directions regarding the Major Budget Issues Report. Lloyd Harrell, City Manager, stated that there were two questions raised during the presentation of the Major Budget Issues Report. Staff had responded to those questions regarding the percentage of ambulance billing and exit interview reasons. He asked Council if they had additional questions or information they needed before the start of the budget process. Council Member Perry asked for a survey of cities the same si~e of Denton .regarding what they did for human services in ter~s of ways and means as well as dollars. The Council reconvened into the Executive Session. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Perry, Smith and Trent. ABSENT: Mayor Pro Tem Hopkins; Council Member Alexander 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Pro Tem Hopkins joined the meeting. 2. The Council considered approval of the minutes of the Special Call meeting of June 25, 1991 and the Regular Meeting of July Z, 1991. Trent motioned, Perry seconded to approve the Minutes as presented. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. City of Denton City Council Minutes July 16, 1991 Page 3 195 3. The Council received a report from Dianne Edmondson representing the State Relations Committee - Denton Chamber of Commerce. Ms. Edmondson stated that her remarks would be regarding the redistricting issue. July 15 was the deadline for accepting the new census figures. Those figures were not accepted by the United States Secretary of Commerce. The Attorney General for the State of Texas was planning on filing a lawsuit over the issues. There were approximately 30 other lawsuits which would also be filed regarding this issue. The figures had never been changed and the chances of having the figures changed this year were remote. If the law suit was successful, a special session would be required of the Legislature to deal with redistricting. In 1992, the City of Denton would have new representation as the City had been divided among three different districts. The Chamber of Commerce felt it was time to try and make the best of the situation. The State Government Relations Committee had a plan which had been approved by the Board of Directors to help make Denton an important part of each district. September 26, 1991 had been designated as Senator Steve Carriker Day. She asked Council to approve a proclamation for that day to demonstrate how important he was to Denton. 4. Presentation of Yard of the Month Awards. Mayor Castleberry presented the Yard of the Month Awards to Mr. and Mrs. Beverly A. Peel, Ray and Trudy Cryder, Harold and Peggy Duncan, and HCA Denton Community Hospital. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending a Detai. led Plan on a portion of Planned Development No. 8 for the purpose of reconfiguring the building footprint and reducing the overall gross square footage of the buildings on property located on the northeast corner of N. Elm (Highway 77) and Fallmeadow. (The Planning and Zoning Commission recommended approval 5-0 at its June 12, 1991 meeting.). Z-91-006 The Mayor opened the public hearing. Josh Joserand, representing the owner, stated that they were requesting zoning for a convenience store on the property. No one spoke in opposition. The Mayor closed the public hearing. 196 City of Denton City Council Minutes July 16, 1991 Page 4 Karen Feshari, Urban Planner, stated that this was a request to amend a portion of Planned Development No. 8 Detailed Plan for the purpose of reconfiguring the layout of the plan in order to allow for a convenience store with gasoline pumps. The property was located in a low intensity area. At the time of platting, sidewalks would be required along the frontages of Fallmeadow and North Elm. An executed and recorded declaration of restriction would be required for shared parking prior to an issuance of a bUilding permit. The applicant was requesting a change of the building footprint from one building to two separate buildings reducing the square footage. The reduction of the square footage would also reduce the allocation of intensity trips. In addition, the amended site plan reflected a reduction of height of the buildings. The following ordinance was considered: NO. 91-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDIN~ THE DETAILED PLAN APPROVED BY ORDINANCE NO. 86-121 FQR A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 8, LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY 77 AND FALLMEADOW STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. vote, Trent "aye," Hopkins "aye,', Smith "aye,,, Chew Perry "aye,', and Mayor Castleberry "aye." Motion unanimously. On roll "aye,,, carried B. The Council held a public hearing and considered approval of a resolution amending the Denton Development Plan Concept Map by extending the northwest urban center south along Interstate 35N (The Planning and Zoning Commission recommended approval 5-0 at its June 12, 1991 meeting). Karen Feshari, Urban Planner, stated that the request amended the intensity area of the Denton Development Plan from low intensity to the urban center on 76.37 acres. In conjunction with the resolution was an ordinance rezoning 245.8 acres from the Agricultural District to Planned Development District and approval of a development plan for the purpose of a mixed use development consisting of office, retail, commercial, manufacturing, and institutional uses. The development was located at the intersection of IH-35 and Loop 288. The connection of the development to Bonnie Brae to provide access to northwest Denton was a key design element ~ha~ would be correctly staged to limit impacts on the existing Westgate neighborhood. The utilities were generally accepted but would City of Denton City Council Minutes July 16, 1991 Page 5 197 be analyzed at great length at the time of the detailed plan stage. The development would also create the need for drainage improvements. Off-site drainage concerns would be addressed with off-site improvements or on-site retention. There was concern with drainage to the south and to the north near U.S. 77. The exact location of the detention areas, capacities, and area would be defined at the detailed plan and platting phases. The Westgate neighborhood had requested the southern pond be designed as a retention facility. This request to increase the boundaries of the urban center would not have a negative impact to the health, welfare, and safety of the community. The zoning in the northern urban center was consistent with the balanced growth policies of the Denton Development Plan. Many of the staff's concerns were resolved at the Panning and Zoning Commission meeting. The applicant had made appropriate changes to reflect the recommendation of the Planning and Zoning Commissioners. Main issues considered at the Planning and Zoning Commission meeting were intensity boundary modifications, compatibility with existing and planned/zoned low intensity uses on the east and south sides qf the proposed development, alternative pedestrian access condition, and 1-35 setbacks. The developer had agreed %o erect a brick wall, six feet in height along the Wes,tgate Addition property boundary. The condition which the Planning and Zoning Commission recommended was that a public hearing be conducted at the detailed plan stage for any part of the development. However, upon review, the Legal Department believed that this requirement may not be legal and the applicant had imposed a condition upon himself requiring a public hearing during the detailed plan stage for certain uses. This was considered acceptable by the Legal Department. The Mayor opened the public hearing. Don Dillard, Rancho Vista Development Company, stated that they had been working very closely with staff, the Development Review Committee, a work session with the Planning and Zoning Commission, two neighborhood meetings and a public hearing at the Planning and Zoning Commission. The development consisted of 245 acres at the intersection of two major roadways. They were trying to get business zoning on the property with no residential zoning. Attention had been given to working a transition from the commercial areas' to the adjoining residential areas. The height standards were below the existing standards. The neighborhood voted on the type of screen wall which would buffer the neighborhood. In addition, there would be an area of 300' of one-story office buildings and an additional 200' beyond that of two-story office buildings. This would give the neighborhood protection and a good transition. The development was consistent with the Denton Development Plan. 198 City of Denton City Council Minutes July 16, 1991 Page 6 Kelvin Redfoot stated that originally at the Planning and Zoning Commission meeting he was in opposition to the development because of the way the Planning Department posted the zoning request signs. Concerns of the neighbors along Bauer Drive, in the northern portion of the Westgate Subdivision, included traffic, congestion, the poor condition of Payne, child safety at road crossing points due to increased traffic, and a proper landscape buffer. While he was not in the immediate neighborhood, he was still affected by it. The traffic congestion and landscape buffer were the major concerns of his neighborhood. Mayor Pro Tem Hopkins asked where his section of the neighborhood was located to the proposal. Redfoot replied he was approximately 1000-1500, south and east of the Westgate Subdivision - on the north side of Payne. Carlos Blanco stated that he welcomed business to Denton but was concerned with the quality of life in the area. Children rode bikes in the area and after the development, that would he hard to do due to an increase in traffic. He proposed that Westgate and Payne be blocked off to dead end which would relieve traffic to the neighborhood. Only secondary access would be allowed in the area and primary business access would be elsewhere. Joyce Poole felt that there was too short a distance between U.S. 77 and the proposed road through the development. To block off Westgate and Payne would create too much congestion in the area. The petitioner was allowed a five minute rebuttal. Dillard stated that the wall detail was included in the agenda packet. The neighborhood was given the option of either a wall or a landscape element such as a berm or trees. The neighborhood chose the wall. Council Member Trent asked how the development would address the traffic and safety concerns. Dillard replied that most traffic would go back to Highway 35 and not through the neighborhood. There would be some traffic through Westgate but not an extreme amount. Dillard added that before any development started south of Westgate, the brick wall would be in place. The Mayor closed the public hearing. City of Denton City Council Minutes July 16, I991 Page 7 Feshari stated that there was a landscape ordinance in place and when a detailed plan was submitted, the developer would have to comply with the ordinance. There would be a 40' setback on I35, 20' for landscaping. The rest would be for parking with some landscaping included. The following resolution was considered: NO. R91-043 A RESOLUTION AMENDING THE CONCEPT MAP OF THE DENTON DEVELOPMENT PLAN BY EXPANDING THE BOUNDARIES OF THE NORTHERN URBAN CENTER: AMENDING THE BOUNDARIES OF INTENSITY AREA 19 OF APPENDIX A OF THE DENTON DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye,', Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. ~ C2 The Council held a public hearing and considered adoption of an ordinance for the rezoning of a 245.8 acre tract from the Agricultural district to the Planned Development district and approving a Development Plan for a mixed use development consisting of office, retail, commercial, manufacturing, and institutional uses on property located in the northeast and southeast quadrants of I35N and Loop 288 (under construction). (The Planning and Zoning Commission recommended approval 5-0 at its June 12, 1991 meeting.) Z-91-004 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 91-101 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 245.8 ACRES OF LAND LOCATED ON THE EAST SIDE OF U.S. INTERSTATE HIGHWAY 35W AND NORTH AND SOUTH OF LOOP 288; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE. 199 2'0 0 City of Denton City Council Minutes July 16, 1991 Page 8 Hopkins motioned. Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye,,, Smith "aye,,, Chew "aye.,, Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. D. The Council held a public to consider approval of the preliminary and final replats of the Cooper Landing Subdivision; from Lots 6A and 6B: Block 1; into Lot 6R. The .196 acre site was on the northwest corner of Windsor Drive and Cedar Hill Road. (The Planning and Zoning Commission recommended approval 5-0 at its June 26. 1991 meeting.) Owen Yost, Urban Planner, stated that the .196 acre tract was located on the northwest corner of Windsor Drive and Cedar Hill Road. It was part of Planned Development 72. The amendment would allow single-family use on this one lot. The Mayor opened the public hearing. John Jeanes. petitioner, stated that he wished to build ~a single family home on the tract. There were duplexes to the west of the proposal but he was requesting single family zoning on the tract. No one spoke in opposition. The Mayor closed the public hearing. Hopkins motioned, Trent seconded to approve the preliminary and final replats. On roll vote. Trent "aye," Hopkins "aye.,, Smith "aye," Chew "aye," Perry "aye." and Mayor Castleberry "aye." Motion carried unanimously. E. The Council held a public hearing and considered adoption of an ordinance approving an amendment to the concept plan for Planned Development No. 72: platted as Cooper Landing, changing the use from duplex to single family. The .196 acre tract was on the northwest corner of Windsor Drive and Cedar Hill Rd. Z-91-009 (The Planning and Zoning Commission recommended approval 5-0 at its June 26, 1991 meeting.) Mayor Castleberry stated that this ordinance was in con]unction with the previous public hearing and the staff report was the same. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes July 16, 1991 Page 9 The following ordinance was considered: NO. 91-102 AN ORDINANCE OF THE CITY OF DENTON. TEXAS, AMENDING THE BOUNDARIES OF PLANNED DEVELOPMENT DISTRICT NO. 72, AS ESTABLISHED BY ORDINANCE NO. 84-50, BE DELETING 0.196 ACRES FROM THE DISTRICT; ADOPTING A REVISED CONCEPT PLAN SHOWING THE NEW DISTRICT BOUNDARIES; CHANGING THE ZONING ON THE EXCLUDED LAND FROM PLANNED DEVELOPMENT TO SINGLE FAMILY (SF-7): PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote. Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye,,. and Mayor Castleberry "aye." Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance approving an amendment to Planned Development No. 5 to allow additional parking and a storage building on 2.117 acres, owned by DeBerry Funeral Directors. The site was on the south side of University Drive, 294.5 feet west of Ector Street. Z-91-008 (The Planning and Zoning Commission recommended approval, 5-0 at its June 26 1991 meeting. · Owen Yost, Urban Planner, stated that this was a minor amendment to the detailed plan of Planned Development No. 5, purposing a separate storage building and additional parking. There would be no access to Emery Street, to the south of the site and access to University Drive was strictly limited by the Subdivision and Land Development Regulations. The storage building and the additional parking spaces would not warrant any additional curb cuts, and none were proposed. The Mayor opened the public hearing. Bill DeBerry stated that he would like to build a two car garage on the site in the immediate future. The additional parking spaces and storage building would not be built at this time Council Member Trent asked if the neighbors had been contacted regarding the project. DeBerry replied that he had spoken with many of the neighbors. Some were confused by the letters sent by the Plannin~ Department. They had been led to believe that he was building a mini warehouse. 201 202 City of Denton City Council Minutes July 16, 1991 Page 10 No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 91-103 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 89-147 (PD-5): PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Smith "aye,,, Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion unanimously. Consent Agenda Hopkins motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Trent "aye," Hopkins "aye,- Smith "aye,,, Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. A. Bids and Purchase Orders: carried Bid ~1211 - Water Consulting SVC & Chemical Supply 2. Bid ~1261 - Pre Crusher and Container 3. P.O. 913910 - ESRI B. Tax Refunds 7. Ordinances Considered approval of United Title Co. - $691.92 a tax refund to 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. (6.A.2. - Bid 91261) City of Denton City Council Minutes July 16, 1991 Page 11 The following ordinance was considered: NO. 91-104 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. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote. Trent "aye,,, Hopkins "aye,,, Smith "aye," Chew "aye." Perry "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. 6.A.1. - Bid ~1211 The following ordinance was considered: NO. 91-105 ~ 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. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "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 only one course in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.3 - P O. 913910) ' ' The following ordinance was considered: NO. 91-106 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. 203 2O4 City of Denton City Council Minutes July 16, 1991 Page 12 Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Smith "aye,,, Chew "aye,,, Perry "aye," and Mayor Castleberry "aye.,, Motion carried unanimously. D. The Council considered adoption of an ordinance approving an amendment to an agreement between the City of Denton and Services Program for Aging Needs. Lloyd Harrell, City Manager, stated Items D and E were ordinances which amended existing contracts that the City had with two social service agencies. In a recent discussion with Council, the Human Services Committee recommended that the money which the City had allocated to Parents Anonymous, $2700, be reallocated to three of the social' service agencies whose budget was cut during the last budgeting process. The two ordinances formally carry out that recommendation from the Human Services Committee. Council Member Trent asked what happened to Parents Anonymous.. City Manager Harrell replied that they went out of business a~d stopped offering services. Mayor Pro Tem Hopkins stated that she hoped there would be a discussion regarding allocating the funds to SPAN for transportation as that was where the money was needed. Barbara Ross. Community Development Coordinator, replied that $800 would go back to SPAN for social services. Hopkins motioned, Perry seconded to allocate the $2700 to SPAN to assist in the transportation shortfall. Council Member Chew left the meeting with a potential conflict of interest. On roll vote, Trent "aye," Hopkins "aye,,, Smith "aye,,, Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. Council Member Chew returned to the meeting. E. The Council was to consider adoption of an ordinance approving an amendment to an agreement between the City of Denton and Denton County Friends of the Family. This item was not considered following the Council,s decision on Item D. City of Denton City Council Minutes July 16, 1991 Page 13 F. The Council considered adoption of an ordinance amending Section 18-109 of Chapter 18 of the Code of Ordinances to provide for designation of parking spaces for exclusive use of disabled persons on public property; designating said parking spaces on Austin Street and Walnut Street; and providing for a penalty of a fine of not less than fifty dollars, nor more than two hundred dollars. (The Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated handicapped customers and employees using the First State Bank building had difficulty getting into the building across traffic. The original request was for one handicapped space in the area either on Austin or Walnut to avoid heavy traffic and the exiting of handicapped individuals into traffic on Locust and Hickory. The Citizens Traffic Safety Support Commission felt that more spaces would be needed. One space was proposed on Walnut and two spaces on Austin. Council Member Trent asked if it was too much to go from ~o spaces to three spaces. Perhaps only one space could be don~ on Austin at this time. ~ Clark replied that this was the recommendation from the Citizens Traffic Safety Support Commission. They were trying to help as much as possible as there was already no parking on Austin Street. Mayor Pro Tem Hopkins replied that the number did not matter. What mattered was the need to help people in that area. The two spaces on Austin would not be a problem as there was no parking in the area anyway. Council Member Chew stated that there were steps on both sides of the building on the Austin Street side. The space on Walnut Street would help the most. Council Member Smith stated that the cost mentioned was $150 for signs excluding labor. Staff report indicated that the Walnut space would be inset into the sidewalk. That would involve labor and how would it be paid. Clark replied that the ramp on the corner had been already planned and that the Bank would participate on a 50/50 basis with the cost. Council Member Smith asked about two spaces on Walnut. Clark replied that they were flexible regarding the placement. There was one restriction with vaults in the area. It would be quite expensive to relocate those vaults for the necessary concrete work. 205 206 City of Denton City Council Minutes July 16, 1991 Page 14 The following ordinance was considered: NO. 91-107 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 18-109 OF CHAPTER 18 OF THE CODE OF ORDINANCES TO PROVIDE FOR DESIGNATION OF PARKING SPACES FOR EXCLUSIVE USE OF DISABLED PERSONS ON PUBLIC PROPERTY: DESIGNATING SAID PARKING SPACES ON AUSTIN STREET AND WALNUT STREET; PROVIDING FOR A PENALTY OF A FINE OF NOT LESS THAN FIFTY DOLLARS, NOR MORE THAN TWO HUNDRED DOLLARS; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "nay,'. Perry "aye," and Mayor Castleberry "aye." Motion carried with a 5-1 vote. G. The Council considered adoption of an ordinanc~ repealing Sections 18-51, 18-52, 18-53, 18-54, 18-55, and 18-5~ of Chapter 18 of the Code of Ordinances of the City of Denton relating to regulation of trucks and truck routes; amending Division 2 (Trucks and Truck Routes) of Chapter 18 of the Code of Ordinances of the City of Denton: establishing definitions; establishing designated truck routes and regulating for departure therefrom: providing for exceptions; prohibiting certain use of residential streets; establishing requirements for the operation of concrete trucks: establishing a maximum vehicle load limit; providing for a maximum penalty of two hundred dollars for violation thereof; and providing for a severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that the proposed ordinance had been studied for over a year. Comparisons had been made with neighboring cities. Truck routes placed heavy loads on streets. To prevent street damage, the routes needed to be on newer streets which were thicker, designed for higher speeds, and turning movements. The proposed ordinance had more definitions, a better description of when a delivery route was allowed, an updated truck route designation list, and specifics on concrete trucks. All local trucking companies and interested persons were invited to a Citizens Traffic Safety Support Commission meeting. Each company received a copy of the proposed ordinance and seemed satisfied that the ordinance was reasonable. Council Member Perry asked about the route from University and Carroll through Northridge. City of Denton City Council Minutes July 16, 1991 Page 15 207 Clark replied that trucks would need to use Elm Street. should not be in the Northridge area. Trucks Mayor Pro Tem Hopkins asked if a residential driver could not come home with his cab after 10 p.m. with the new ordinance. Clark replied that it would probably be a legal interpretation of "operate" He would define "operate" as making deliveries, etc. and not returning home to park the vehicle. City Attorney Debra Drayovitch stated that Section 18-54 stated that operate meant "drive". Hopkins motioned, Trent seconded to postpone consideration of the ordinance until the first meeting in August. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance designating and establishing a school safety speed zone on State Highway FM 426 (McKinney Street) for both directions ~f travel between Station 160 + 40 and Station 170 + 40 measuring a total distance of one thousand (1,000) feet in length and being centered a distance of five hundred (500) feet on each side of the main entrance to Billy Ryan High School; reducing the maximum prima facie speed limit for such portion of said street from fifty-five (55) miles to thirty-five(35) miles per hour during certain hours; providing a penalty of a fine not to exceed two hundred dollars ($200); and providing a severability clause. (The Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, 'stated the Billy Ryan High School would be opening the August. For safety reasons, a school zone was proposed to be installed prior to that opening. Normally, school zones were installed after a facility was opened and accurate studies of traffic patterns could be completed. By using a traffic projection and excellent state cooperation, the proposed school zone was approved by the State of Texas. Mayor Castleberry asked who was responsible for McKinney Street. Clark replied McKinney Street was the State Highway's responsibility from Janie Street out. The State was responsible for all activities on a state road including paving, maintenance of signs, etc. The City only had responsibility for signalization. Mayor Castleberry stated that if the street were widened to four lanes, would it be the responsibility of the State Highway Department. 2O8 City of Denton City Council Minutes July 16, 1991 Page 16 Clark replied yes. The following ordinance was considered: 91-108 AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON STATE HIGHWAY FM 426 (MCKINNEY STREET) FOR BOTH DIRECTIONS ON TRAVEL BETWEEN STATION 160 + 40 AND STATION 170 + 40 MEASURING A TOTAL DISTANCE OF ONE THOUSAND (1,000) FEET IN LENGTH AND BEING CENTERED A DISTANCE OF FIVE HUNDRED (500) FEET ON EACH SIDE ON THE MAIN ENTRANCE TO BILLY RYAN HIGH SCHOOL: REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTION OF SAID STREET FROM FIFTY-FIVE (55) MILES TO THIRTY-FIVE (35) MILES PER HOUR DURING CERTAIN HOURS: PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance.' ~n roll vote, Trent "aye," Hopkins "aye,., Smith "aye,. Chew "aye:" Perry "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 the State of Texas for installing traffic signal controllers within the City of Denton. Jerry Clark, City Engineer, stated that the State had agreed to fund some signals in the area. With the recent census, the State would only be doing the funding along the Interstate Highways. The two signals would be at Avenue D and I35 and at US377 and I35. The program was very positive in that it allowed the City's maintenance personnel to operate and maintain a standardized system. This reduced materials and labor costs which was cost beneficial. The City also received reimbursement for labor. The following ordinance was considered: NO. 91-109 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL CONTROLLERS WITHIN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes July 16, 1991 Page 17 Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution temporarily closing the 100 block of North Elm Street, 100 block of West Oak Street, 100 block of North Locust Street and 100 block of West Hickory Street on September 28, 1991. Jane Biles, Main Street Manager, stated that this would be the sixth year for County Seat Saturday. Approval had been received from the majority of the merchants on the Square. T & Sons and T & L Shoes would not sign the petition. Also McBride Music and Pawn signed the petition in opposition. These businesses had rear entrances on streets which would be open during the event. The following resolution was considered: NO. R91-044 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 28, 1991; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry . "aye." Motion carried unanimously. B. The Council considered approval of a resolution authorizing a traffic light synchronization program grant application to promote the conservation of energy resources. Jerry Clark, City Engineer, stated that in the past large oil companies were involved in oil overcharges. The State obtained that money which was now redistributed as grants. The City had received several recent grants. This grant would develop timing schemes to save motorists money. Three proposals were submitted for consideration - Carroll Blvd. from Sherman to Mulberry, U.S. 380 I35 to Loop 288 and Elm and Locust from Parkway to Sycamore. 209 The following resolution was consider.ed: 210 City of Denton City Council Minutes July 16, 1991 Page 18 NO. R91-045 A RESOLUTION AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION TO PROMOTE THE CONSERVATION OF ENERGY RESOURCES. AND DECLARING AN EFFECTIVE DATE. ' Trent motioned, Hopkins seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye," Smith "aye,', Chew "aye," Perry "aye,', and Mayor Castleberry "aye." Motion carried unanimously. C. The Council considered approval of a resolution approving development plans for property leased to Fox 51 Ltd. at the Denton Municipal Airport. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that the lessee had not signed the lease to date. Fox 51 leased property which was an amendment to the original lease in 1990 which allowed them to build the furthest building to the west. This resolution would approve all of the building site which would have to be done if Fox 51 accepted the remainder of the lease. If the remainder of the lease was not executed only the one building could be built. ' The following resolution was considered: NO. R91-046 A RESOLUTION APPROVING DEVELOPMENT PLANS FOR PROPERTY LEASED TO FOX-51 LIMITED AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye. unanimously. " Motion carried D. The Council was to have considered approval of a resolution authorizing Amendment No. 2 to the Airport Commercial Operator Lease Agreement between the City of Denton and Fox 51 Ltd. (The Airport Advisory Board recommended approval. ) This item was pulled from consideration. E. The Council considered approval of a resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District. NO. R91-047 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes July 16, 1991 Page 19 City Manager Harrell stated that the Board was made up of five members plus an advisor. Two members were selected by cities in Denton County who received 911 service. The term of Olive Stephens was up for renewal. Hopkins motioned, Smith seconded to nominate Olive Stephens as a members of the Board of Managers of the Denco Area 9-1-1 District. On roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye." Motion carried unanimously. 9 o Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Appointment to the Civil Service Commission - Harrell announced the reappointment of Charldean Newell to the Commission. B. Schedule for next meetings - Harrell proposed following schedule for upcoming meetings: 7/23 - work session beginning at 5:15 p.m. with presentations from recipients of the Lalor funds except for the Convention/Visitor Bureau 7/30 - two items of business before the Council Reception starting at 5:15 p.m. 8/6 - convene at 4:00 p.m. with a budget study session until 8:00 p.m. and beginning the regular meeting at 8:00 p.m. 8/13 - study session beginning, at 5:15 p.m. 10. Session Session: The following official items discussed during action was taken on Executive the Work Session Executive Trent motioned, Chew seconded to appoint the following individuals to City of Denton Boards/ Commissions: Airport Board Rick Woolfolk George Gilkeson Terry Garland Board of Ad}ustment Bill Colville Ray Griffin Dan Coffey Rebecca Blair Rebecca King 211 212 City of Denton City Council Minutes July 16, 1991 Page 20 Building Code Board Cliff Reding Ed Owens Citizens Traffic Safety Support Commission Doug Chadwick Alice Gore Betty Duncan Terry White Community Development Block Grant Committee Sara Parker Dennis Stephens Jack Weir Peggy Norton Data Processing Advisory Board Don Edwards Jim Kuykendall Electrical Code Board' Greg Mitchell Jim McClanahan Stuart Cawthon Terry Schertz Historic Landmark Commission Liz Bays Rita Holcomb W. A. Barker Judith Abbott Howard Watt Elinor Caldwell Human Services Committe~ Sandra Ables Carol Riddlesperger Gary Truitt Dorothy Damico Linda Holloway A1 Barstts Ruby Kerner Library Board Ted Maines Mary Jo Pickens Dorothy Adkins Irene Price Parks and Recreation Board Dalton Gregory Burkley Harkless Neta Stallings City of Denton City Council Minutes July 16, 1991 Page 21 Planning and Zoning Commission Roy Appleton III Mary Evelyn Huey Ivan Glascock Judd Holt Plumbing and Mechanical Code Board George Becket Bob Sullivan Bill Burley Joe Mulroy Public Utilities Board Bob Coplen Carol Ridens TMPA Board of Directors Ray Stephens Beautification Co~mission Jim Render - 1 year term Judd Jones - 2 year term Gertrude Gibson - 1 year term John Cooper - 2 year term Mable Deveraux - 1 year term Jeane Morrison - 2 year term Brenda Fosmire - 1 year term John Enlow - 2 year term Melvin Willis - 1 year term Dick Engle - 2 year term Martha Len Nelson - 2 year term Sign Board of Appeals Jim Tucker - 2 year term Mike Weibe - 1 year term Sue Smith - 2 year term Harry Eaddy - 1 year term Frank Massey - 2 year term Downtown Advisory Board Board was complete On roll vote, Trent "aye," Perry "aye," carried unanimously. ll. New Business "aye," Hopkins "aye," Smith "aye," Chew and Mayor Castleberry "aye." Motion 213 There were no items of New Business suggested by Council Members for future agendas. 214 City of Denton City Council Minutes July 16, 1991 Page 22 Mayor Castleberry stated that Judge Mosely would like the Council and the Commissioners Court to meet in Executive Session regarding property within the City. A tentative date of August 8 at 3:30 p.m. in the 1896 room had been set. The Mayor stated that he had been requested by the North Texas Council of Governments to be a part of a delegation to visit with the Chairman of the State Railroad Commission concerning deregulation and the rates of intrastate in relation to interstate travel. There were five delegates at the meeting. Mayor Castleberry made the following appointments to the Denton Housing Authority: Warren Whitson 12. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned. FE~WALTERS SECRETARY OF DENTON. TEXAS BOB CASTLEBE~~ CITY OF DENTON, TEXA/ / / 3416C