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Minutes February 04, 1992?0 CITY OF DENTON CITY COUNCIL MINUTES FEBRUARY 4, 1992 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 in Texas Waste Manaqement vs. City of Denton, considered action in David Smith vs. City of Denton, considered action in Jolynn Nichols vs. City of Denton, considered settlement offer in claim of University of North Texas and considered action in City of Denton vs. Tri-Steel Structures, Inc.), real estate and personnel/board appointments (considered appointments to the Cable T. V. Advisory Board, the Plumbing and Mechanical Code Board and the Airport Advisory Board.) 2. The Council received a report and held a discussion on revised "Work Force Diversity Program". Tom Klinck, Director of Personnel, stated he would be shoWing the Council a video "True Colors" which would be used for employee training. This training would raise the awareness levels of employees. Counc$1 Member Perry felt that it would be interesting to view men and women in a similar situation as presented in the video. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry, Smith and Trent. ABSENT: Council Member Alexander Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Meeting of January 7, 1992. City of Denton City Council Minutes February 4, 1992 Page 2 71 Perry motioned, Smith 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. 3. Presentation of Texas Department of Transportation 70%+ Safety Belt Use Award. Mike West, Texas Department of Highways, stated that Denton was the fourth city to receive this award. The Police Department had accepted two grants from the Texas Department of Transportation for the enforcement and education of the public in regard to the use of seat belts. At the end of the first three month period, a seat belt compliance rate survey indicated a 54% compliance rate for the City. At the end of November 1991 a compliance survey indicated that the City of Denton had reached a 73.9% compliance rate. A more recent survey in January indicated that the City had a 76% compliance rate. 4. Citizen Reports A. The Council received a citizen report from Dr. Nobles regarding a disannexation request. Dr. Nobles stated that he sold the property to Bellaire West in 1985 and was annexed into the City in 1986. There were unsuccessful attempts to zone the property residential. He obtained the property back in 1990. The City limits were not near the property and it was agricultural property. In May of 1991 he received a notice from the City of Denton stating that the Denton County Appraisal District had failed to pick up the property when it was annexed in 1986. He owed back taxes since 1986. His purpose for requesting the disannexation was that there was no need for any City services on the property. More than 50% of the property was in the flood plain. He was requesting a disannexation based on the Organization of Municipal Governments - Section 43.144 - disannexation of sparsely populated area in general-law municipality. The Mayor thanked Dr. Nobles for his report. The Mayor presented proclamation for American Heart Month. 5. The Council considered adoption of an ordinance abandoning and vacating a portion of Vine Street south of Withers Street as a public street and reserving a drainage and utility easement therein. (The Planning and Zoning Commission recommended approval.) City of Denton City Council Minutes February 4, 1992 Page 3 Rick Svehla, Deputy City Manager, stated that the property had been rezoned for multifamily use. The City no longer had a need for Vine Street as a street but would retain a portion as an easement. The following ordinance was considered: NO. 92-023A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF VINE STREET SOUTH OF WITHERS STREET AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. 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. 6. Public Hearings A. The Council held a public hearing to consider the preliminary and final replats of a .7675 acres into Lot 1R, Block A, Bell Place Addition; from Lot 1 of Bell Place, part of Lot l0 of the C. C. Bell Addition, and part of the former right-of-way of Vine Street. The proposed apartment complex was located on the southeast corner of Bell Avenue and Withers Street. (The Planning and Zoning Commission recommended approval unanimously at its January 22, 1992 meeting.) Frank Robbins, Executive Director for Planning, stated that the replats conformed to the minimum requirements of the Subdivision and Land Development regulations. The Mayor opened the public hearing. Marvin Morgan, petitioner for the plats, stated that he would be building an apartment complex on the property. It would consist of three eightplex units of one bedroom, one and one half bath apartments. He felt that the architecture of the buildings would fit in with the area and would be an a~et to the neighborhood. No one spoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes February 4, 1992 Page 4 Chew motioned, Smith 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. B. The Council held a pubic hearing on the proposed annexation of 67.92 acres located on Forrestridge Drive north of Ryan Road. (A-60) Harry Persuad, Senior Planner, stated that the public hearing was intended to give all persons interested in the proposed annexation the right to appear and be heard. The Planning and Zoning Commission was scheduled to make a recommendation on February 26, 1992. The proposed annexation had been initiated by the owners of the tract in order to facilitate zoning for residential single family development. The original annexation was for 67.92. Since then, the owners had indicated and the City had received a petition for annexation of only 23 acres. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Mayor ,Pro Tem Hopkins asked why the petitioners had changed the amount of acreage to be annexed. Persuad replied that one of the reasons was due to property taxes when doing the first phase of development. The property owners wanted to begin the development and then annex the rest of the property later. City Manager Harrell indicated that a decision by Council whether to annex 23 or 67 acres could be made at a later time. It was not necessary to determine that at this meeting. Council Member Smith stated that she was concerned that there was only one route in and one route out of the location. Persuad replied that that was correct. Council Member Perry asked what was the building schedule. Persuad replied that the annexation process would not be completed until April 7. The owners were starting the platting process as 74 City of Denton City Council Minutes February 4, 1992 Page 5 though the property were in the ETJ. To expedite the planning process, the owners were doing the platting of the property and annexation and zoning at the same time. No action was required of Council regarding the issue at this meeting. 7. Consent Agenda Council Member Trent asked for a clarification regarding Bid #1314. Was that truck for residential collection. City M~nager Harrell replied correct. Chew motioned, Smith 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: Bid #1314 - Rear Load Refuse Truck Bid #1323 - Wire and Cable 8. Ordinances A. The Council adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (7.A.1. - Bid #1314 7.A.2. - Bid #1323) ' The following ordinance was considered: NO. 92-024 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORAN 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 directing the publication of Notice of Intention to Issue Certificates of Obligation of the City of Denton. City of Denton City Council Minutes February 4, 1992 Page 6 75 John McGrane, Executive Director for Finance, stated that this was the third of a series of certificates and bonds which the City was advertising for bidding on March 3, 1992. These certificates would pay for $725,000 worth of building improvements presented in prior Council meetings and $600,000 worth of vehicles and vehicle equipment. The maturity schedule for this issue was in three phases. A principle payout was in three years for the equipment and ten and fifteen years for the various building improvements. The following ordinance was considered: NO. 92-025 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON. 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. C. The Council considered adoption of an ordinance establishing bicycle lanes on the west side of Hinkle Drive from U. S. Highway 380 to Windsor Drive and on the west side of Stuart Road from Sherman Drive (F.M. 428) to Hercules Street; providing for a penalty not to exceed $200.00 for a violation of provisions contained herein, and providing for publication. Rick Svehla, Deputy City Manager, stated that currently there was no ordinance which prohibited vehicles in the bike lanes. The following ordinance was considered: NO. 92-026 AN ORDINANCE ESTABLISHING BICYCLE LANES ON THE WEST SIDE OF HINKLE DRIVE FROM U.S.HWY. 380 TO WINDSOR DRIVE AND ON THE WEST SIDE OF STUART ROAD FROM SHERMAN DRIVE (F.M. 428) TO HERCULES STREET; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 FOR A VIOLATION OF PROVISIONS CONTAINED HEREIN, PROVIDING FOR PUBLICATION; AND PROVIDING FORAN EFFECTIVE DATE. Discussion was held by Council as to whether to erect "no parking" signs along the bike lanes. It was suggested that if the area were to have no parking, then perhaps signs should be erected. Perry 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. City of Denton City Council Minutes February 4, 1992 Page 7 9. Resolutions A. The Council considered approval of a resolution adopting Policy 100.01 "Equal Employment Opportunity,,. The following resolution was considered: No. R92-008 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING POLICY 100.01 REGARDING EQUAL EMPLOYMENT OPPORTUNITY AND WORKFORCE DIVERSITY; AND DECLARING AN EFFECTIVE DATE. Chew 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. B. The Council considered approval of a resolution accepting a grant from the Federal Aviation Authority for the Airport Master Plan. Rick Svehla, Deputy City Manager, stated that this was one of the grants which the City had obtained from the FAA. This would be the City's formal acceptance of the grant which would be a 90/10% grant. It would allow the City to do a new master plan for the Airport. The last plan was updated in the middle 1980's. Council Member Trent asked if a sample report had been received from the firm. Svehla replied Yes. Two finalists were interviewed and Coffman and Associates were chosen as they did mainly master plans. The following resolution was considered: R92-009 A RESOLUTION ACCEPTING A GRANT FOR THE DENTON MUNICIPAL AIRPORT AND PROVIDING AN EFFECTIVE DATE. Trent motioned, Smith seconded to a approve the resolution. On roll vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered adoption of an Qrdinan~e authorizing the Mayor to execute an agreement between the City of Denton and Coffman and Associates, Inc. relating to planning services for the City of Denton City Council Minutes February 4, 1992 Page 8 Denton Municipal Airport Master Plan~ Deputy City Manager Svehla stated that this ordinance would approve the contract with Coffman and Associates to do the Master Plan. The following ordinance was considered: No. 92-027 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COFFMAN ASSOCIATES, INC. RELATING TO PLANNING SERVICES FOR THE DENTON MUNICIPAL AIRPORT MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING 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. 11. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. There would be a work session the following week for Council. He asked for items of consideration from the Council regarding a study item on possible Charter revisions. B. Jennifer Walters, City Secretary, had recently completed the Texas Municipal Clerks Certification Program which he wished to acknowledge. 12. There was no official action taken on Executive Session items discussed during the Work Session. 13. New Business The following items of new business were suggested by Council Members for future agendas: A. Considered a request to rename a street from Terlingua to Nicosia. Lloyd Harrell, City Manager, stated that this was a request from Council Member Perry. The normal procedure on considering street name requests was to file the request with the Historic Landmark Commission for their recommendation and then forward to the Planning and Zoning Commission. Following their recommendation, the request would be forwarded to the Council for consideration. 77 City of Denton City Council Minutes February 4, 1992 Page 9 Mayor Pro Tem Hopkins asked if the c.itizens wanted to rename the street. Council Member Perry replied that the request was made to honor a man who made a number of contributions in the City. Consensus of Council was to proceed with the process. B. Mayor Pro Tem Hopkins stated that she was would like to see the Smoking Policy reexamined. She felt it was inappropriate to take away smoking from the employees but to continue to allow smoking in take-home vehicles. She felt there should be no difference between a take-home vehicle and a regular vehicle. City Manager Harrell stated that the item could be placed on the next work session for continued consideration. C, Council Member Trent noted that there seemed to be a problem with trash on city streets and asked that more attention be placed on keeping the streets clean. D. Mayor Pro Tem Hopkins stated that there was increased vandalism in her area and felt that the area needed more police patrols. 14. The Council did not meet in Executive Session during the Regular Session. With ho further business, the meeting was adjourned at 8:03 p.m. JEN~ ~.R ' WA~TERS CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR / CITY OF DENTON, TEXAS/ / ACC00040