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Minutes July 07, 1992298 CITY OF DENTON CITY COUNCIL MINUTES JULY 7, 1992 The Council convened into the Work Session of the City of Denton City Council at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in Paul Iwuchukwu v. City of Denton and considered settlement offer in R. C. Small & Associates, Inc. v. City of Denton) real estate, and personnel/board appointments (considered appointments to all City of Denton Boards and Commissions). 2. The Council received a report and held a discussion regarding revising Ordinance 90-150 providing rules of procedure for the City Council of Denton, Texas; amending presentations by citizens and time limits of business for City Council meetings. Lloyd Harrell, City Manager, stated that per Council direction revisions had been done to the ordinance and the card and the ordinance was now ready for Council consideration. Catherine Tuck, Administrative Assistant, detailed three major changes to the ordinance. A section had been removed which stated that if a speaker did not sign a request form the unanimous consent of the Council was needed to allow the speaker to address the Council. A second change was to allow a speaker to turn in the card to the. City Secretary just before the item was considered and the third change indicated that the speaker "shall" sign up with a card instead of "must". Additional comments from Council requested a replacement of "he" with "he/she" and a suggestion that if the citizen wished to speak, the.Mayor would call on speaker so that the citizen did not have to speak if he did not wish to do so. Mayor Pro Tem Hopkins felt that the wording "to provide input" was too broad a concept. She suggested using "wishing to address the City Council". Council Member Miller felt that "address" implied addressing the council and "provide input" meant the citizen did not have to speak to the Council but rather provide information. Council Member Smith indicated that public hearing items were not mentioned until Item 2 on the card. Some people would not understand the difference between the public hearing item and the general input item. 299 City of Denton City Council Minutes July 7, 1992 Page 2 Council Member Brock suggested changing the wording to "on a public hearing item". Consensus of the Council was to change "provide input" to "address the City Council". Council Member Smith suggested dividing Item 2 into two separate items or the change the wording to make it similar throughout the card. Tuck indicated that the proposed changes would be made to the card and presented to Council for consideration during the Regular Meeting. 3. The Council received a report and held a discussion regarding further action on the possibility of an agreement with the Denton Independent School District relative to the telecasting of Council and School Board meetings. Bill Angelo, Director of Community Services, stated that on June 24 a meeting was held with the DISD relative to the broadcasting of School Board meetings and the potential sharing of equipment purchased through the Sammons Grant funds received by the City. The DISD was very interested in broadcasting their meetings and were willing to change their meeting dates so that they did not conflict with the City Council meetings. This was seen as an opportunity to explore the possibility of pooling joint resources in order to broadcast these meetings. Lloyd Harrell, City Manager, stated that the City had been invited to the DISD at their request as they had a strong desire to broadcast their meetings. At'that meeting, it was made clear that the Council had not made a decision as to whether to broadcast City Council meetings. It was a budget issue which had not been decided. A joint agreement would possibly save taxpayers money with equipment, operation and maintenance costs. If the Council clearly was not. interested in this item, it would be helpful for staff to know those wishes in order to not pursue the item any further Dr. Tim Sonnenberg, DISD Superintendent, stated that the views of the Board indicated a strong interest to pursue this project. Sharing the costs would make the effort more affordable for the DISD. Mayor Castleberry indicated that the DISD was wanting to move ahead with the project as soon as possible. 300 City of Denton City Council Minutes July 7, 1992 Page 3 Council Member Brock indicated that she was in favor of pursuing the option of a joint agreement. It would provide greater access for the citizens and the City and School could use the channel for joint announcements from the City and the DISD. Council Member Smith felt the project would be a worthwhile project but that the expense of the project had to be addressed. Council Member Perry indicated that Council was in the early stages of the budget process and before a new project was implemented, Council needed to complete the budget process, especially when departments were having to cut their budgets. This project might be done at a later date once the budget had been looked at carefully. Council Member Chew felt that it was a budget issue and needed to be looked at carefully before any decision was made. Council Member Miller felt that there would not be a problem asking for information on what kind of arrangement could be made and what the cost figures would be. No decision would be made at this point but rather information would be gathered as to how the procedure would be formulated. Council Member Smith felt that if a study were done, staff time would be committed and she felt it might be better to wait until the City was in a better financial position. Mayor Pro Tem Hopkins felt that if some preliminary work could be done without a great deal of staff time, it would be helpful to have the information. If it involved a great deal of time, it would be better to wait. No decision would be made until the final budget decisions had been made. City Manager Harrell indicated that if preliminary figures were known, it might help Council during the budget process. If costs could be shared, it might help the City's budget process. A joint agreement wouldlreduce the City's share of the costs which would be reflected in the budget. Council Member Perry indicated again that he felt it would be better to wait until the budget process to determine if a new project should be started. Council Member Chew indicated that the Citizen Survey had shown that 58% of the respondents indicated that they were not interested in having the meetings televised. 301 City of Denton City Council Minutes July 7, 1992 Page 4 Council Member Brock indicated that 42% indicated that they would like the meetings televised. She questioned if the DISD would be willing to wait until the Council was ready to proceed with the issue. Dr. Sonnenberg indicated that the DISD funds would be redirected from current public relations funds and would not be a new program. The DISD was not ready to proceed with a program of its own but rather needed to wait and go into a cooperative agreement with the City. Jeff Kruger, DISD Board, felt that an advantage of this program would be staff development. Training programs for staff development would be redirected to pay for this program. A bulletin board could be started for community announcements. Council. Member Miller felt that the information would be helpful for the budget process. Angelo stated that there were two funding issues related the broadcasting of the Council meetings. One was the broadcasting of meetings which would require money for equipment and personnel to film the meetings. The second issue was for equipment for the operation of the channel which included the bulletin board. It would not take a great deal of time to negotiate an agreement. Mayor Castleberry asked for a consensus of the Council for staff to proceed with a study of the costs and the possibility of a joint agreement. Mayor Pro Tem Hopkins, Council Members Miller and Brock and Mayor Castleberry indicated that they would like to proceed with the study. Council Members Perry, Chew and Smith wanted to wait until the budget process. 4. The Council received a report and held a discussion on the development plan for North Lakes Park. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 5. Discussion of major budget issues. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 302 City of Denton City Council Minutes July 7, 1992 Page 5 The Council convened in the Regular Session at 7:00 p.m. in the Council Chambers. i. Pledge of Allegiance The Mayor and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Sessions of June 2, 1992 and June 23, 1992 and the Planning Seminar of June 5-6, 1992. Lloyd Harrell, City Manager, indicated that the Planning Seminar minutes had been revised to better describe the action which the Council wished to take regarding the swimming pool. He felt it was a better reflection of the Council's action. Council Member Perry asked for a wording change in the June 23 meeting to reflect a change from "not" to "now". Hopkins motioned,, Brock seconded to approve the minutes as amended. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 10.18 acre tract of land from Planned Development No. 41 District to the General Retail (Conditioned) District on property located at the southwest corner of E. McKinney and Loop 288. (The Planning.and Zoning Commission unanimously recommended approval 4-0 at its meeting of June 24, 1992.) Karen Feshari, Urban Planner, indicated that driveway variances had been granted for the entire 10.18 acre tract and an internal access system among all tracts also approved as part of the variance. The Texas Department of Transportation would be responsible for drainage improvements for the tract. At the time the improvements were made, the detention pond would be eliminated. No building permits would be issued on this site until such drainage improvements were made. On October 19, 1992, the City Council approved the rezoning of a 112.88 acre tract of land from the Agricultural district to the Planned Development district and approved a comprehensive site plan for single-family attached and detached, multi-family, general retail, and open space usage. Two detailed site plans had been approved for the 112 acre tract. One was a 2.1 acre tract located at the southwest corner of Loop 288 303 City of Denton City Council Minutes July 7, 1992 Page 6 and McKinney and the other was the Genetics Medical Research Center which was on the western portion of the 10 acre tract of land. On March 25, 1992 the Planning and Zoning Commission recommended denial of a detailed plan for a .83 acre tract of land located at the southwest corner of East McKinney and Loop 288. Denial was recommended because of violations of the Subdivision and Land Use Regulations pertaining to curb cut locations, driveway widths, corner clearance, as well as disuniting an existing detailed plan. Instead of the applicant appealing the Planning and Zoning Commission's decision to the City Council, the adjoining property owners chose to join the applicant in submitting a plan for the entire 10 acre tract of land. On May 4, 1992, an alternative access plan was approved by the Citizen Traffic Safety Support Commission showing joint access to the adjoining tracts. The property was located in a moderate activity center which encouraged mixed use development. This particular area was approved by PD-41 for general retail uses. The Planning and Zoning Commission recommended there be a maximum floor to area ratio, maximum building height as well as a specific list of permitted uses. Provided that specific conditions were approved for this site, the request complied with the policies of the Denton Development Plan for moderate activity centers. The Mayor opened the public hearing. Michael Cordell, Vice-President of First State Bank, spoke in favor. He indicated that the plan was logical and reasonable which would be an enhancement to the City. The Bank was in favor of the request and indicated that it would be a great addition to the City. He requested the Council's approval. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-107 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO. 41 (PD-41) TO GENERAL RETAIL (GR) DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 10.1834 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF E. MCKINNEY STREET AND LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 304 City of Denton City Council Minutes July 7, 1992 Page 7 Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending Specific Use Permit No. 192 allowing for a new expiration date of May 7, 1998 for a horse training facility on a 173 acre tract of land located on the east side of Teasley Lane, known as 3505 Teasley Lane. (The Planning and Zoning Commission recommended approval 4-0 at its meeting of May 27, 1992.) Karen Feshari, Urban Planner, indicated that this was a request to amend a specific use permit which the Council approved in May 1987. On May 17, 1988, the Council approved an amendment to that specific use permit to provide for a new expiration date. A condition was added that if construction of the facility had not begun in accordance with a building permit issued on or before May 7, 1993, the permit would automatically expire on that date. The applicant had requested an extension of five years from the approved date of May 7, 1993. The Planning and Zoning Commission recommended approval with the condition that Ordinance No. 88-089 be amended to reflect an expiration date of May 7, 1999. The Mayor opened the public hearing. Jerry Cott, owner of the property, felt that if a Class A track were built in the area, a training facility would be a good economic advantage to the City of Denton. His location had adequate water for such a facility which other facilities did not. The facility would house horses during the racing season. He asked for an extension of the specific use permit as approval of the Dallas tracks would not take place until approximately December 31, 1992. Construction would not take place until a year from now. Mayor Castleberry asked for an explanation of a training track. Cott indicated Ghat the track would be equal in size to a regular racing track. Horses were brought to a facility near a regular racing track to train and conditioned them daily during the racing season. Grooms would take care of the physical needs of the horses. Council Member Brock asked how many horses Cott anticipated would be at the track during the racing season. 305 City of Denton City Council Minutes July 7, 1992 Page 8 Cott indicated there were not be any more than currently at the facility during the breading season. He anticipated approximately 200 horses. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-108 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC USE PERMIT NO. 192 AS IT APPLIES TO 173 ACRES OF LAND LOCATED AT 3505 TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins. motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance approving a detailed plan for a portion of Planned Development No. 6 being a 12.2077 acre tract of land located east of 1-35, northwest of San Jacinto Boulevard, and east of Piney Creek Boulevard. The property was better known as San Jacinto Plaza. (The Planning and Zoning Commission recommended approval 4- 0 at its meeting of May 27, 1992.) Karen Feshari, Urban Planner, indicated that this was a City initiated zoning case. The purpose of the application was two-fold (1) it was an administrative exercise within Planned Development 6 and (2) the neighbors in the adjoining Township II, Phase I had expressed concern about allowed uses in the shopping center. On August 23, 1969, Planned Development 6 was approved with a comprehensive site plan. Township II, Phase I, and San Jacinto Plaza were approved by ordinance for commercial, single-family, multi-family, and duplex use. The language in the original ordinance impled that the uses of the PD could be changed by the platting process. In September 1984, San Jacinto Plaza was replatted and a site plan was approved. No ordinance existed for San Jacinto Plaza. Concern was expressed at a recent neighborhood meeting regarding restaurants at this location due to odor and increased traffic. The Planning and Zoning Commission recommended approved of the detail plan and attached plan of permitted uses. The Mayor opened the public hearing. 306 City of Denton City Council Minutes July 7, 1992 Page 9 No one spoke in.favor. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Hopkins asked if the only change was to take restaurants out as a permitted use. Feshari indicated that no ordinance had been approved for the zoning in this area and this ordinance was to formally adopt the zoning. Council Member Brock stated that retail establishments were listed as a permitted use and asked if restaurants were ever considered a retail establishment. Feshari indicated no as the~ Zoning Ordinance had provisions for restaurants and eating establishments. The following ordinance was considered: No. 92-109 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A 12.2077 ACRE TRACT OF LAND BEING A PORTION OF PLANNED DEVELOPMENT NO. 6, ALSO KNOWN AS SAN JACINTO PLAZA AND BEING DESCRIBED AS LOTS 2A, 3A, 5A AND 6A, BLOCK A, REPLAT PART OF BLOCK A, TOWNSHIP II, PHASE II, CITY OF DENTON, DENTON COUNTY, TEAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3A. The Council considered approval of a resolution accepting a grant offer from the Federal Aviation Administration in the amount of $810,000 for the construction of drainage improvements at the Denton Municipal Airport. Mayor Castleberry indicated that there was a change in wording of the resolution. The improvements would be for overlay and taxiway improvements and not for drainage. Harrell indicated that the correction read by the Mayor should be 307 City of Denton City Council Minutes July 7, 1992 Page 10 made in the resolution caption as well. There was a new Section 2 which had been added to the resolution. The amended resolution made the appropriate budget transfer so that the City had available the funds to construct the improvements at the Airport. During the last budget process, the Council discussed the possibility of receiving the grant offer and with that grant, the requirement of the City's matching funds. This would have an effect on the fund balance and on how much the City would be able to draw down for the next budget year. This was a much needed improvement at the Airport and 90/10 matching grants were not very common any longer. Joe Thompson, Airport Manager, stated that the 1986 Master Plan indicted that this work should be done. For the past five years, pre-applications had been made for runway improvements and extensions. An asphalt overlay would be done over the existing runway and all of the runway would be repainted. The following resolution was considered: No.. R92-032 A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $810,000 FOR THE CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Perry motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1367 - PC Component Parts 2. Bid #1377 - Asphalt, Emulsion & Road Materials 3. Bid #1378 - Precast Manholes 4. Bid #1379 - Cable 4/0 Concentric & 500 Compact Copper 5. Bid #1380 - Cement, Lime and Aggregate 6. Bid ~1369 - Roof Repair - Electric Production 7. Bid #1372 - Contract Concrete Work 8. Bid #1381 - Taxiway & Apron Improvements 308 City of Denton City Council Minutes July 7, 1992 Page 11 9. Bid #1392 - Tennis Courts Slab/Overlay 10. PC #25224 - Michigan Instruments, Inc. 11. PC #25368 - General Electric Bo Plats and Replats 1. Considered the preliminary plat of Loop 288 Centre, Lots 1, 2, 3 and 4, Block 1 and a comprehensive pedestrian access plan on a 8.64 acre tract of land located at the southwest corner to E. McKinney and Loop 288. (The Planning and Zoning Commission unanimously recommended approval 4-0 at the meeting of June 24, 1992). 5. Ordinances 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 #1367, 4.A.2. - Bid #1377, 4.A.3. - Bid #1378, 4.A.4. - Bid #1379, 4.A.5. - Bid #1380) The following ordinance was considered: No. 92-110 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. smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "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. (4.A.6. - Bid #1369, 4.A.7. - Bid #1372, 4.A.8. ~ Bid #1381, 4.A.9. - Bid #1392) The following ordinance was considered: No. 92-111 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. 3O9 city of Denton City Council Minutes July 7, 1992 Page 12 Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "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 one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.10~ - PC #25224, 4.A.11. - PC #25368) The following ordinance was considered: No. 92-112 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. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of a ordinance vacating public utility easements on 2.258 acres of land lying in the Mary L. Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and being a portion of easements from C. M. Simmons et ux to Brazos Electric Power Cooperative, Inc. recorded in Volume 437, Page 613 and Volume 449, Page 439 of the Deed records of Denton County, Texas and assigned by Brazos Electric Power Cooperative, Inc. to the City of Denton in instruments recorded in Volume 2736, Page 825, real property records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Jim Harder, Director of Electric Utilities, stated that the easement was formally dedicated to Brazos Electric Power Cooperative, Inc. for a 69KV line which had since been abandoned. The City had no further use for the easement through that particular piece of property and in exchange for the abandonment, the City would be granted a 20' public utility easement along Loop 288. 310 City of Denton City Council Minutes July 7, 1992 Page 13 The following ordinance was considered: No. 92-113 A/~ ORDINANCE VACATING PUBLIC UTILITY EASEMENTS ON 2.258 ACRES OF LAND LYING IN THE MARY L. AUSTIN SURVEY, ABSTRACT NUMBER 4, CITY OF DENTON, DENTON, COUNTY, TEXAS, AND BEING A PORTION OF EASEMENTS FROM C.M. SIMMONS ET UX TO BRAZOS ELECTRIC POWER COOPERATIVE, INC, RECORDED IN VOLUME 437, PAGE 613 AND VOLUME 449, PAGE 439 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND ASSIGNED BY BRAZOS ELECTRIC POWER COOPERATIVE, INC. TO THE CITY OF DENTON IN INSTRUMENT RECORDED IN VOLUME 2736, PAGE 825, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the'ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the city Manager to award an insurance contract for Public Officials Liability Insurance. Max Blackburn, Risk Manager, stated that the City had gone out for bid for both law enforcement liability and ~'-public official liability insurance. Only one bid was received for law enforcement liability insurance and three bids were received for public officials liability insurance. The low bidder for public officials liability insurance was National Union Fire Insurance. It was decided not to award a bid for the law enforcement liability insurance. The following ordinance was considered: No. 92-114 AN ORDINANCE ACCEPTING THE PROPOSAL OF NATIONAL UNION FIRE INSURANCE COMPANY FOR PUBLIC OFFICIAL LIABILITY INSURANCE COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 31I City of Denton City Council Minutes July 7, 1992 Page 14 F. The Council considered adoption of an ordinance revising Ordinance 90-150 providing rules of procedure for the city Council of Denton, Texas; amending presentations by citizens and time limits of business for City Council meetings. Catherine Tuck, Administrative Assistant, presented the revisions to the card as indicated by Council in the Work Session. The changes would be implemented at the next regular Council meeting. The following ordinance was considered: No. 92-115 AN ORDINANCE AMENDING SECTION I OF ORDINANCE 90-150 PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AMENDING PRESENTATIONS BY CITIZENSAND TIME LIMITS OF BUSINESS FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye"~ Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution adopting a policy in support of the Americans With Disabilities Act. Max Blackburn, Risk Manager, indicated that the Americans with Disabilities Act became, fully effective for public entities on July 26, 1992. Part of that requirement required a public entity to disseminate information to applicants, participants, beneficiaries, and other interested persons to inform them of the rights and protection afforded by the ADA. The City would make available a binder with sections to satisfy the ADA requirements. The following resolution was considered: No. R92-033 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A POLICY IN SUPPORT OF THE AMERICANS WITH DISABILITY ACT; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes July 7, 1992 Page 15 Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution adopting revisions to the personnel policy relating to tuition reimbursement. Betty Wilkins, Human Resource Specialist, indicated that the resolution would revise the tuition reimbursement policy. Due to increased participation and costs associated with tuition, it had become necessary to more closely monitor guidelines for sharing in the cost of tuition reimbursement for city employees. The proposed changes to the policy would streamline administration of the program, and place limitations on the number and types of courses that the City would provide reimbursement for. council Member Miller asked about a career field as it related to course~ taken. Wilkins replied that it related to the degree plan filed and the requirements of that degree. The following resolution was considered: No. R92-034 A RESOLUTION ADOPTING REVISIONS TO THE PERSONNEL POLICY RELATING TO TUITION REIMBURSEMENT; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The .Council considered approval of a resolution authorizing the Right-of-Way Agent to accept the conveyance of a 0.4053 acre tract of land in the Morreau Forrest Survey A-417, Denton County, Texas, from the Texas Municipal Power Agency. Jim Harder, Director of Electric Utilities, stated that the land was currently owned by the Texas Municipal Power Agency and the resolution would convey the land to the City of Denton. The Electric Department would utilize this tract as an electric substation site and was necessary to maintain the electric distribution power service in the eastern part of the City. 313 City of Denton City Council Minutes July 7, 1992 Page 16 The following resolution was considered: No. R92-035 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE RIGHT-OF- WAY AGENT TO ACCEPT THE CONVEYANCE OF A 0.4053 ACRE TRACT OF LAND IN THE MORREAU FORREST SURVEY A-417, DENTON COUNTY, TEXAS, FROM THE TEXAS MUNICIPAL POWER AGENCY; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution temporarily closing Pearl Street, between Carroll Blvd. and Denton Street on Saturday July 18 for a block party. Catherine Tuck, Administrative Assistant, stated that the signatures on the petition represented owners and residents. No one would be denied access to their property. The following resolution was considered: NO. R92-036 A RESOLUTION TEMPORARILY CLOSING PEARL STREET BETWEEN CARROLL BOULEVARD AND DENTON STREET ON SATURDAY, JULY 18, 1992; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Miscellaneous ~atters from the City Manager. Mayor Castleberry indicated that the two Work Session items which previously had not been considered would be done at this time. Item #5 of the Wor~ Session was considered. 5. Discussion of major budget issues. City Manager Harrell indicated that this was the time for Council to present items for additional information to help with the 314 City of Denton City Council Minutes July 7, 1992 Page 17 decision process for the budget. This was the time for general comments from the Council and preliminary discussions on the budget. There were two major budget issues which were not controversial and would help other agencies if a decision could be made on those items. One item was the emergency management coordinator position which had been recommended for elimination. There would no longer be a joint city-county position. The City would assume responsibility of its own emergency management with Chief Jez and Chief Cook dividing the duties. It would be helpful to notify the County Judge of the Council's decision on this issue. The other issue was the mowing of the 13 acres on Teasley and Longridge. A decision by Council would be helpful to the DISD in their budget process." He would like Council consensus to proceed as outlined at least in a preliminary fashion. Hopkins asked if it were appropriate for a motion as per the listed agenda item. Debra Drayovitch, City Attorney, replied that the agenda did not list the item as giving direction so no motion could be made. Harrell indicated that if no one raised objection to the items, enough direction would be given for him to proceed. Consensus of the Council was to proceed as the City Manager had proposed. Harrell asked if there were any additional information the Council requested regarding the budget. Council Member Miller asked about the pay recommendations and retirement plan. He asked for alternatives in terms of a pay increase as opposed to retirement increases, possibly in terms of increments. He asked if there was a way to determine when figures were affecting operating budgets as opposed to capital expenditures. Harrell indicated that when the individual departments presented their requests, those delineations would be made. Additional information would be provided following those presentation, if desired. Council Member Perry questioned if there was an impact on the employee insurance rate when licensed professional counselors and psychologists were added to the plan. Mayor Pro Tem Hopkins asked at what point would the Council deal with the utility budget in regards to the rates. What were the 315 City of Denton City Council Minutes July 7, 1992 Page 18 rights of the Council concerning overriding the Public Utilities Board recommendation. City Manager Harrell indicated that there were two points when that could be done. On August 11 the utility staff would be making their budget presentation and on Sept. 8 major budget issues would be discussed of which one item was the rates in the utility area. The Utility Board was a recommending board to the Council. The difference was the utility budget was presented directly to the Council as opposed to going through the Manager's office. Council could make any changes it so desired. Mayor Pro Tem Hopkins questioned any charter requirements which might have to be complied with. City Manager Harrell indicated that the Charter stated that the utilities had to be self-supporting and could not subsidize other services with utility funds. Item #4 from the Work Session was considered. 4. The Council received a report and held a discussion on the development plan for North Lakes Park. Bob Tickner, Park Superintendent, presented the original concept of the park. In 1986, the citizens approved a bond program to improve athletic fields at North Lakes Park which would include a lighted four field softball complex and five soccer fields with one to be lighted. In 1990, the Department submitted for a grant to the Texas Parks and Wildlife and received an award of $500,000. With the bond funds and the grant, the project could be enhanced and new facilities could be added. The softball fields would be to the west of the current fields. Soccer fields would be north of that. The configuration of the improvements included four new softball fields, a restroom/concession stand, a soccer complex, a new parking lot, a picnic shelter and an additional playground. A fishing pier would be added to the lake along with a mile of hard surface trails around the lake. The project schedule, plans and specifications would be forwarded to the Parks and Wildlife Grants In-Aid Section~ for review and to the Architectural Barriers Committee for compliance with the American Disabilities Act. Construction was planned to begin in December with completed facilities being made available to the public in the summer of 1993. The major athletic softball and soccer facilities were not expected to be available until spring of 1994 due to turf grass establishment requirements. Council Member Smith asked if the only access was on Windsor. 316 City of Denton City Council Minutes July 7, 1992 Page 19 Tickner replied yes that the only access would be on Windsor. Council Member Smith asked if that was sufficient access. Tickner replied yes that the amount of traffic would be staggered throughout the day and not everyone would trying to get into the facility at the same time. Council Member Perry was pleased that the playground would be expanded. Were restroom facilities planned for the children. He asked about the access from the parking lots - were the exits the same size and if not, he suggested that they be the same size. City Manager Harrell continued with his items. C. Appointment to Civil Service Commission '- Derrell Bulls had served three terms on the Commission and had reached his three term limit on the Commission. This was an appointment which was made by the City Manager and he indicated that Jana Bates would be appointed to replace Dr. Bulls. D. Even though many notices had been made regarding the change, in trash pickup for the Fourth of July holiday, more than 200 calls had been received regarding trash not being picked up on Thursday. A decision was made to run a crew on the routes on Friday to pick up the trash. A review of the policy would be made as to moving the trash pickup a day in advance. Council Member Brock asked about the cost of that operation. City Manager Harrell replied that he was not sure of the cost but would provide report to the Council. 8. There was no official action on Executive Session items discussed during the Work Session. 9. New Business There were no items of New Business suggested by Council Members for future agendas. 11. The Council convened into the Executive Session to discuss legal matters (considered action in Paul Iwuchukwu v. City of Denton and considered settlement offer in R. C. Small & Associates, Inc. v. City of Denton) real estate, and personnel/board appointments (considered appointments to all City of Denton Boards and Commissions). No official action was taken. 317 City of Denton City Council Minutes July 7, 1992 Page 20 With no further business, the meeting was adjourned. BOB CASTLE~ERRY, MAYO~ CITY OF DENTON, TE J~N~FE~ WALTERS c~Y SE~R~.T~Y C/~TY OF'DENTON, TEXAS ACC0009E