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Minutes March 17, 1992138 CITY OF DENTON CITY COUNCIL MINUTES MARCH 17, 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, and Trent. ABSENT: Council Members Alexander and Smith 1. The Council convened into the Executive Session to discuss legal matters (considered action in David Solis vs. City of Denton), real estate, and personnel/board appointments (considered appointments to the Building Code Board, the Electrical Code Board, the Plumbing and Mechanical Code Board, the Sign Board of Appeals and the Planning and Zoning Commission and considered an appointment of an Assistant City Judge for the Municipal Court.) 2. The Council received a report and held a discussion regarding a University Students Ad-Hoc Committee. Jesus Nava, Assistant to the City Manager, stated that staff had presented a proposal for a University Students Advisory Committee during the Council work session on February 18, 1992. At that time, Council requested that the students meet to give additional thought to the proposed structure taking into consideration the following issues - what would be the purpose of the group, its duties and responsibilities; did the committee have to be formally enacted by the City Council and made advisory or could it be an ad hoc committee for a period of time and then evaluated; what would be the interposition of the group with the university administrations. Since that time representatives of the University of North Texas and Texas Woman's University met to refine the committee concept and discussed the issues that were identified by the Council. The duties and functions of the committee would be to assist the Council and the city government in promoting civic duty among the university students by acting as a liaison between the City and the university student population. Specifically the students wanted to (1) work to familiarize the student community with local government by incorporating an overview of city programs and services into college orientations, (2) assist the citizens of Denton and the local government by coordinating volunteer projects to be performed by the student community and its organizations, (3) facilitate communications between the student community and local government by identifying issues affecting the student's quality of life and working with city officials to seek workable solutions, (4) assist the citizens of Denton and the local government by identifying student academics who may serve as scientific, literary or artistic resources for city programs and projects, and (5) assist the student population by developing mentorship and internship opportunities with local government and the business community. The university representatives also discussed whether City of Denton City Council Minutes March 17, 1992 Page 2 139 it was necessary to have the Council formally create an advisory committee or whether an ad hoc structure would be sufficient to allow them to proceed with their work. The students agreed with Council's suggestion that the committee could initially be ad hoc and that an evaluation be made after a period of time to determine the need to formally create an advisory body. The students were concerned about having a staff liaison to assist them in their work. They were assured that the City Manager's office would assist their efforts. The students met with their respective school administrators to discuss the formation of the committee. Both the UNT and TWU students reported support from their administrations for their efforts. Council Member Trent asked if the Mayor, staff or Council participated in new student orientation at the universities. He felt that might be a good idea to incorporate. Lloyd Harrell, City Manager, stated that if the Council wished to proceed, staff would prepare a resolution which would acknowledge the group, pledge cooperation to work with the group and pledge staff support of that function. Mayor Castleberry stated that he had met with Chancellor Hurley who indicated that he was in favor of the proposal and saw it as a positive approach. Council Member Perry indicated that he was more in favor of the proposal as presented with the student committee organized by their governing bodies rather than a city committee. He felt a Council/Committee breakfast would be a good place to start so everyone could meet. He never wanted the illusion that a student could not talk directly with the Council. He felt the committee would be a method to improve communications between Council and students. Consensus of the Council was to proceed with the preparation of the resolution. 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, and Trent. ABSENT: Council Members Alexander and Smith 1. Pledge of Allegiance 140 City of Denton City Council Minutes March 17, 1992 Page 3 The Council and members of the audience recited the Pledge of Allegiance. The Mayor presented the following proclamations: Keep America Beautiful Month Texas Surveyor's Month 2. The Council considered approval of the minutes of the Regular Session of February 18, 1992 and the Special Call Session of February 25, 1992. Perry motioned, Chew seconded to approve the minutes as presented. On roll vote', Trent "aye" Hopkins "aye" Chew "aye", Perry "aye" and Mayor Castleberry "aye". Motion carried unanimously. 3. Citizens Reports A. The Council received a citizen report from Cliff Hansen regarding the Fry Street Fair. Mr. Hansen stated that the Council would be considering closing Fry Street on April 12 for the 13th annual Fry Street Fair. The Fair had not been on Fry Street for the last two years. The business owners in the area had indicated that they wanted the Fair back on Fry Street as it was a large source of income for them. All but one business owner were in favor of the Fair and that one stated that it did not matter. Grace Temple Baptist Church had indicated a problem with their parking lot. The Lodge would be hiring 8 off- duty police officers in the parking lot along with two Delta security positions. There were at least 30 Lodge members on security positions. There would be 12 off-duty police officers present during the peak period and 8 officers in the morning. The Lodge had taken an insurance policy for $1 million to cover any damages. B. The Council received a citizen report from Chris Gustin regarding the Fry Street Fair. Mr. Hansen stated that Mr. Gustin was not able to be present and asked that Michael Scissom be allowed to speak in his place. Mr. Scissom stated that the Fair was important to the merchants in the area. The merchant~ benefited greatly from the Fair and the City needed the Fair. The merchants wanted the Fair back on Fry Street. City of Denton City Council Minutes March 17, 1992 Page 4 141 4. Consent Agenda Council Member Trent asked that Item 4.A.4. be pulled for special consideration. Council Member Trent stated that the use of police motorcycles was a positive approach to police work. He stated that the difference between the two low bidders was only $13.00. The low bidder was a company in Irving and the second low bidder was a company in Denton. He was concerned with the servicing of the motorcycles while under warranty. He had found that the hourly rate for service work was higher in Irving than in Denton plus the inconvenience of having to drive to Irving for the service work. Tom Shaw, Purchasing Agent, stated that that issue had been studied. The bid requested the closest service facility offering full warranty service, parts and repair facilities including hours of operation, phone number for parts and service departments. The Irving company had listed Action Imports of Denton, hours of 9:00 - 6:00 Tuesday through Saturday and that phone number for parts and service. It was the intent of the Irving company to have the Denton dealer, Action Imports, do the warranty work for the motorcycles. There was no justification to abandon the low bid meeting specification when the Irving company was offering exactly the same warranty service. Council Member Trent asked about the $13 difference. It meant that the City would not be giving business to a local company which paid local City, County and School taxes. Shaw replied that by State law, the City did not have the option to allow for a local preference. The $13 was small but legally even if it were only $.01, the low bid had to be taken. Specifications were written so that local vendors were not eliminated in any way. Council Member Trent replied that State law precluded the City from not taking the low bid. Joe Morris, Assistant City Attorney, stated that State law governing municipality purchases through the bidding process required the City to award the bid to the lowest responsible bidder. The price was the main component of that consideration. Other items could also be considered such as service and cost of service. There was no option in the law to award a bid based on local preference. 142 City of Denton City Council Minutes March 17, 1992 Page 5 Lloyd Harrell, City Manager, stated that two years ago, there was legislation proposed to allow for a 5% credit for local vendors. That legislation was not adopted. Hopkins motioned, Chew seconded to approve the Consent Agenda. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: Be 2. 3. 4. 5. 6. 7. 8. Bid #1333 - Precast Manholes Bid #1336 - Refuse Bags Bid #1337 - Streetlight Heads Bid #1339 - Police Motorcycles Bid #1340 - Police Sedans Bid #1335 - Paint/Seal Exterior of Service Center PC #23032 - North American Transformer Bid #1302 - ECG Monitor/Defibrillators Tax Refunds Considered approval of a tax refund to Jean F. Bly for $1,541.99. 5. Ordinances Considered approval of a tax refund to Epic Healthcare Group for $8,635.28. A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1333, 4.A.2. - Bid #1336, 4.A.3. - Bid #1337, 4.A.4. - Bid #1339, 4.A.5. - Bid #1340, 4.A.8. - Bid #1302) The following ordinance was considered: No. 92-043 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. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 143 City of Denton City Council Minutes March 17, 1992 Page 6 B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.6. - Bid #1335) The following ordinance was considered: NO. 92-044 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. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "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 emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.7. - PC #23032) The following ordinance was considered: NO. 92-045 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D.The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Corgan Associates, Inc. for professional architectural services relating to Phase I implementation of the City of Denton Master/Space Plan; and authorizing the expenditure of funds therefor. City Manager Harrell stated that several months ago the Council had seen the final plan for the City Master/Space plan which had been under development for a year preceding that presentation. At that point in time, the Council instructed the staff to undertake negotiations with Corgan to develop a contract which allowed Corgan 144 City of Denton City Council Minutes March 17, 1992 Page 7 to move forward with the implementation of Phase I of the Space Plan. The background information indicated the various features of the contract. There was a provision which allowed the City to cancel the contract should the need arise. The quality of the work on the Master/Space Plan was good and the City had a good price on the fee due to the familiarity of the plan. Tom Shaw, Purchasing Agent, stated that the percentage of the estimated cost was a good price. He had talked with several other architect/engineering firms and had received from the Dallas ISD a proposed fee scheduled which they used for project of this size. Their rate for a project of this size was 7.12 for new construction and 8.9023 for remodeling which was the category for the project. Council Member Trent asked if a fee schedule had been requested from any local architects. Shaw replied no. He stated that there was a time prior to the last legislature, where a fee schedule, a fixed rate or a percent of estimated construction cost was requested in a request for proposal. As a result of the last legislative session, that particular tool for determining pricing was eliminated. Pricing could no longer be asked for when requesting professional services until a determination had been made who was the most qualified. At that point, negotiations could occur with that company. If it could not be negotiated to a fair and acceptable price, the second most qualified company could be negotiated. Council Member Trent felt that there were local people who could benefit from such a contract. He felt the City went out of town too much for such work. Bruce Hennington, Superintendent for Facility Management, stated that bids were taken from eight firms, three which were local. Mayor Pro Tem Hopkins suggested that the contractor be encouraged to use local subcontractors whenever possible. The following ordinance was considered: NO. 92-046 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CORGAN ASSOCIATES ARCHITECTS FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO THE IMPLEMENTATION OF THE CITY'S MASTER SPACE PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes March 17, 1992 Page 8 145 Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the south side of Windsor Drive, from its intersection with North Locust Street to a point 437 feet east of the east right-of-way line of North Locust Street; providing a severability clause; and providing a penalty not to exceed two hundred dollars. (The Traffic Safety Support Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this ordinance was in conjunction with the zoning for the Food Lion site. The Citizens Traffic Safety Support Commission had recommended approval 6-0. The following ordinance was considered: NO. 92-047 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE SOUTH SIDE OF WINDSOR DRIVE, FROM ITS INTERSECTION WITH NORTH LOCUST STREET TO A POINT 437 FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF NORTH LOCUST STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance abandoning and vacating Jennette Street located north of Mill Street in the Alex Robertson Addition of the City of Denton, Texas as a public street; and reserving a drainage and utility easement therein. (The Planning and Zoning Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was part of the replat of the area the School District was considering. The City would be retaining an easement to service the utilities in the area. The following ordinance was considered: 146 City of Denton City Council Minutes March 17, 1992 Page 9 No. 92-048 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING JENNETTE STREET LOCATED NORTH OF MILL STREET IN THE ALEX ROBERTSON ADDITION OF THE CITY OF DENTON, TEXAS AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT THEREIN; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance vacating a portion of the drainage easement in Lot 40, Block 5, Northlake Park Addition, Phase V, to the City of Denton, Texas. (The Planning and Zoning Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that this was a request from the homeowner. There was a small portion of the easement that the existing home was built over. The request had been reviewed by the Development Review Committee and staff saw no problem with the request. The following ordinance was considered: NO. 92-049 AN ORDINANCE VACATING A PORTION OF THE DRAINAGE EASEMENT IN LOT 40, BLOCK 5, NORTHLAKE PARK ADDITION, PHASE V, TO THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance abandoning and vacating an alleyway located in the Mrs. McKennon's Addition of the City of Denton, Texas, recorded in Volume J, Page 438 in the Deed Records of Denton County, Texas, as a public alleyway. (The Planning and Zoning Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the present homeowner was wanting to refinance his home. Improvements had been made in what was once platted as an alley. The alley was never used and had never been abandoned. City of Denton City Council Minutes March 17, 1992 Page 10 147 Mayor Pro Tem Hopkins stated that all along Oak and Hickory there had been an alley. She would like to clear up all the deeds affected like the one they were doing tonight. Deputy City Manager Svehla replied that staff would investigate the item and felt that some of that particular alley was still being used. The following ordinance was considered: NO. 92-050 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING AN ALLEYWAY LOCATED IN THE MRS. MCKENNON'S ADDITION OF THE CITY OF DENTON, TEXAS, RECORDED IN VOLUME J, PAGE 438 IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, AS A PUBLIC ALLEYWAY; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance approving a retainer of the lawfirm of Howard E. Watt, P.C. to represent the City in pending litigation. Joe Morris, Assistant City Manager, stated that the ordinance would retain Howard Watt to handle a lawsuit filed against the City by Joslyn Nichols. The following ordinance was considered: NO. 92-051 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRM OF HOWARD E. WATT, P.C. TO REPRESENT THE CITY IN PENDING LITIGATION; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance approving a contract retaining R. William Wood o~ the lawfirmWood, Springer and Lyle, P.C. to represent the City in pending litigation. Joe Morris, Assistant City Attorney, stated that Mr. Wood would represent the City in two legal cases. 148 City of Denton City Council Minutes March 17, 1992 Page 11 The following ordinance was considered: NO. 92-052 AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONTRACT RETAINING R. WILLIAM WOOD OF THE LAWFIRM OF WOOD, SPRINGER & LYLE, P.C. TO REPRESENT THE CITY IN PENDING LITIGATION; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. The Council considered approval of the preliminary plat of the A. Goldfield Addition; Lots 1 and 2, Block A. The 6.427 acre tract was between Pennsylvania and Carmel Drives, and the site fronted on Southmont Drive. (The Planning and Zoning Commission recommended approval 3-1 at its February 26, 1992 meeting.) Mayor Pro Tem Hopkins left the meeting with a potential conflict of interest as she lived within 200 feet of the proposed development. Lloyd Harrell, City Manager, stated that a detailed presentation of the factual circumstances of the item had been presented at the last Council meeting. Council Member Perry asked if the plat conformed to Chapter 34 requirements. City Manager Harrell replied yes that it met all of the City's subdivision regulations. Trent motioned, Perry seconded to approve the preliminary plat. On roll vote, Trent "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Hopkins returned to the meeting. 7. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute a lease between the City of Denton and the Federal Aviation Administration for land at the Denton Municipal Airport for the erection of a marker for the Instrument Landin~ System for Runway 17. Rick Svehla, Deputy City Manager, stated that this was a yearly City of Denton City Council Minutes March 17, 1992 Page 12 149 renewal for the lease on land where the outer marker was located. The following resolution was considered: NO. R92-012 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION ADMINISTRATION FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR THE ERECTION OF A MARKER FOR THE INSTRUMENT LANDING SYSTEM FOR RUNWAY 17; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended. Council Member Chew left the meeting with a potential conflict of interest as he was a member of the SPAN' Board of Directors. Catherine Tuck, Administrative Assistant, stated that the Council had discussed the application at an earlier work session. The application was the same as what had been proposed before with the addition of $30,000 which the City anticipated to be reimbursed. The following resolution was considered: NO. R92-013 A RESOLUTION AUTHORIZING THE FILING OFANAPPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Trent motioned, Hopkins seconded to approve the resolution. On roll vote, Trent "aye", Hopkins "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing Avenue E from Eagle Drive to Prairie; Highland, from Avenue E to Avenue C; and Avenue D, from Maple to Highland on April 11, 1992, from 5:00 p.m. to 10:00 p.m. Council Member Chew returned to the meeting. 150 City of Denton City Council Minutes March 17, 1992 Page 13 Catherine Tuck, Administrative Assistant, stated that the resolution would temporarily close the streets named so that the African-American sororities and fraternities could have a regional celebration called a Greek Show. The students had worked closely with the University of North Texas Police Department and the Dean of Students to make sure there was adequate traffic control and safety for a large number of people in the area. There were two property owners other than the University who would be affected. Mr. Graham with the Texas Pickup had indicated verbally his support. The students had not been able to reach the manager or property owner of the Brentwood Apartments. Because the University of North Texas would be manning the barricades throughout the evening, no resident or customer would be denied access to the two locations. The following resolution was considered: NO. R92-014 A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO PRAIRIE STREET; HIGHLAND STREET, FROM AVENUE E TO AVENUE C; AND AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON APRIL 11, 1992; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. The Mayor asked if Council would like to hear from Mr. Graham. Consensus of the Council was to hear from Mr. Graham. Mr. Graham stated that he was one of the people most affected by the closing last time the event was held. The last event was terrible. He felt this time the students should be given the benefit of the doubt. He had a lot of customers who came from outside Denton on Saturday evening. He was upset last time that he never even received an apology. This year he felt it was being organized professionally. The students had worked with the North Texas Police as had he. He wanted the students to have the event this year but if they could not control it~ he would appreciate the council not approving it again. He had been promised security which he was going to hold them to. It was simply such a large crowd that it was nearly impossible to get to his business. In his opinion, the students had done a good job and he was in favor of the street closings. OH roll vote of Council Member Perry's motion, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes March 17, 1992 Page 14 151 D. The Council considered approval of a resolution temporarily closing Congress Street, from Denton to Alice on May 15, 1992 from 3:00 p.m. to 6:30 p.m. for Cougar Day. Catherine Tuck, Administrative Assistant, stated that this was an annual event sponsored by the PTA at Calhoun Junior High School. The only property affected by the closure was School District property and signatures had been obtained from the Superintendent and Principal in favor of the closing. The following resolution was considered: NO~ R92-015 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 15, 1992; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ~3 The Council considered approval Of a resolution temporarily closing a portion of Fry Street between the intersections of Oak Street and Hickory Street on Sunday, April 12, 1992, from 11:00 a.m. to 10:00 p.m. for the Fry Street Fair. Catherine Tuck, Administrative Assistant, stated that the Delta Lodge had requested the street closure. The fraternity had indicated that they would like the street closed early so that they could clean the area. Council had heard earlier regarding the proposed security and the problems that some property owners and the Church had stated. There was a letter of opposition from the Grace Temple Baptist Church in the back-up materials. She understood that the Mayor had received a letter from Curtis Loveless who owned several pieces of property in the area who also was in opposition. The rest of the tenants on the street with the exception of one other owner had signed the petition except for the apartment complex. Council Member Trent asked for a legal opinion regarding the closure of the street based on the ownership based on Mr. Loveless' statement. Joe Morris, Assistant City Attorney, stated that the Department had looked at the issue last year when the question arose. It was their opinion that the City needed the consent of not only all tenants but all owners abutting the street to be closed. Failure City of Denton City Council Minutes March 17, 1992 Page 15 to do that, there was a question on whether the street could be lawfully closed without those consents. A speaker from the audience asked to address the Council on that legal issue. Consensus of the Council was to hear from the speaker. Richard Gladden stated that last year he had spoken with Ms. Drayovitch, City Attorney, when the issue came up at the last minute with Mr. Loveless in regards of the rights of abutting land owners to ingress and egress to their properties. She had concurred in the opinion of Mr. Loveless with the regard to the legality of closing a street and interfering with the right to ingress and egress for the property owner. Ms. Drayovitch had referred him to a section of the Texas Jurisprudence, Volume 43, page 186. On page 188 it was basically not disputed that property owners had vested rights in ingress and egress to their property. However, the question as far as a legal basis to prohibit or a right of recovery or just compensation depended on whether the right had been substantially and materially interfered with. The case he had highlighted was a Texas Supreme Court decision which reached the ruling that if a street were closed, so long as the property owner had an alternative avenue, perhaps through a parking lot as would be the case in the property Mr. Loveless owned on Fry Street, there would be no legal basis and no legal right for a right of recovery. There was also an issue of damages. What damages would Mr. Loveless suffer from not being to get into a vacant rental property for eight hours on a Sunday or Saturday. He would have no damages. For that reason, he felt the Council was misled by Mr. Loveless. Mr. Loveless was not present at the meeting to explain. He had been a resident of Denton since 1978 and had not missed a Fry Street Fair. His experience with the Fair was that everyone had been well behaved and had never seen any of the problems indicated by opponents of the Fair. He felt it was unfortunate that those in opposition were not present to state those oppositions in person. Mayor Pro Tem Hopkins stated that the City Attorney was the one who had to answer to Council and the one Council had to listen to so far as the law. Gladden stated that Morris had had an opportunity to review the research he had provided. This was the case Ms. Drayovitch had referred him to and she had some doubts after the decision had been made. If necessary, he would move that the Council adjourn to ~¢u~iv~ Session and give Morris a chance to examine the law he had provided which he felt very clearly showed the ingress and egress issue was a "red herring". City of Denton City Council Minutes March 17, 1992 Page 16 153 Assistant Attorney Morris stated that Mr. Gladden was correct in the sense that if the owner had access from any public street then the consent was not required to close one public street. In that sense a fact finding was in order. If it could be determined that Mr. Loveless had access to all his properties including any other people indicated by Ms. Tuck who had not given consent, then a determination could be made. Gladden replied that he could represent to Council that the parking lot provided egress and ingress to all the properties Mr. Loveless owned along Fry Street which would be perhaps closed or interfered from in the front with the closure of Fry Street. Council Member Chew stated that he and Council Member Perry had spoken with some of the students regarding holding the Fair at the Fairgrounds. He would like to see Council instruct staff and the Mayor to talk with the Board of Directors and encourage the student group to talk with the Board of Directors to see if the Fair could be held at the Fairgrounds. He was committed to the Fry Street Fair but would like Council to consider that option before any vote was taken. Chew motioned to table the resolution and instruct the staff and the Mayor to talk with the Board of Directors of the Fairgrounds to see if a feasible arrangement could be worked out to hold the Fair at the Fairgrounds. Hopkins seconded the motion. Gladden indicated that the time frame was very short and requested some time limit on how long it would take the Council to act. Council Member Chew indicated that it would be at the meeting of March 24. Council Member Perry asked Gladden if he would like to see the Fair at the Fairgrounds. Gladden relied no. There was a big difference having the Fair on Fry Street and having the Fair at the Fairgrounds. Cliff Hansen stated last year the legality of closing the street dealt with owners access to a vacant property. Mr. Loveless' objection was that he wanted access to that piece of property so that he could show that property to any prospective tenants. It was also his understanding that since all of Mr. Loveless' properties on Fry Street were filled, that there would be no legal problems with him. He had also had indicated on the phone about a week and a half ago that he would not oppose the Fair. Tonight was the first they had any indication that he was in opposition. 154 City of Denton City Council Minutes March 17, 1992 Page 17 Council Member Chew asked Hansen if he would have any objection to holding the Fair at the Fairgrounds. Hansen replied that one problem was that the Fairgrounds had a liquor license and no one could bring in beverages due to TABC ordinance. Either the Fairgrounds had to sell beverages or no one could drink inside. Council Member Trent stated to Hansen that he was not trying to represent to the Council that people did not drink at the Fair. Hansen replied no that people did drink and some of then did drink in excess. council Member Trent replied that he felt that was the predominant feature of the Fair. Hansen replied that he like to think the predominant feature of the Fair was the arts and crafts and the music side of the Fair. Any involvement with the Fairgrounds would require them to sell beverages and in so doing would be supporting the drinking which they would rather stay away from. Council Member Trent indicated that he had attended the Fair last year. It was a difficult decision as the merchants on Fry Street benefited greatly from the Fair. He also appreciated the charity work and donations provided by the Delta Lodge. He noticed that there was a lot of trash in Carriage Square last year. He had been led to believe that a greater concern would be made for the cleanup of the area after the Fair. He had been disappointed to see what was called the Fry Street Fair was just kind of a three ring circus. On roll vote of Council Member Chew's motion, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew stated that his motion included direction to have the City Manager,s Office and the Mayor contact the Board of Directors for the Fairgrounds and try and work out an agreement along with the students to use the Fairgrounds for the Fry Street Fair this year. City Manager Harrell clarified the motion. The Council wanted the staff and the Mayor to work with the Fair Board to see if they would be agreeable to ho~ting the Fry Street Fair this year at their facility. He sensed that that was the preference of the Council who were present. If the Mayor and he were unsuccessful in City of Denton City Council Minutes March 17, 1992 Page 18 " 155 that venture, did Council want the issue listed back on the agenda for the March 24 meeting. Council Member Chew stated yes that the item should be on the March 24 agenda if negotiations were unsuccessful for holding the Fair at the Fairgrounds. Mayor Pro Tem Hopkins stated that there were a number of issues which needed to be discussed in regard to Fry Street. By this vote of the Council, the Council was not automatically allowing the Fair on Fry Street. 8. Miscellaneous matters from the City Manager. A. The Council considered appointments to the Lake Information Committee. City Manager Harrell indicated that there was a letter from Representative Dick Armey in the back-up materials asking that the Council appoint representatives to work with his office and the surrounding communities regarding Lake Ray Roberts, specifically the provision for boat access to the lake. Item one called for an elected city official or a Parks and Recreation representative. It was his suggestion that if a staff member represent the Council, that Howard Martin be appointed. Council discussed the provision that the appointment be an elected official. Council Member Perry indicated that he would be willing to serve on the Committee along with Howard Martin. Consensus of the Council was to appoint Council Member Perry and Howard Martin to the Committee. Staff would investigate the appointing of the third member using the suggestions of Council of Jerry Simmons, Jerry Whittle or Lowell Penton or Mr. Penton's son. 9. There was no official action on Executive Session items discussed during the Work Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Trent expressed thanks for the litter barrel on the access road at I35 and Loop 288. He suggested placing additional barrels at that site. 156 City of Denton City Council Minutes March 17, 1992 Page 19 11. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 8:30 p.m. CITY OF DENTON, TEXAS ACC00054 sob CASTLEBE~Y, ~YOR/ CITY OF DENTON, TEXAS/ /