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Minutes October 06, 199238 CITY OF DENTON CITY COUNCIL MINUTES OCTOBER 6, 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 Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered demand in claim of Charlene Rodgers, discussed action in Waste Manaqement v. City of Denton, considered intervention in Dallas County Park Cities Municipal Utility District v. City of Dallas and City of GraDevin~, and considered action in Paul Iwuchukwu v. City of Denton), real estate, and personnel/board appointments (discussed personnel matters and duties of the City Manager, the City Attorney, and the Municipal Judge as related to the operation of Municipal Court.) 2. The Council received a report and held a discussion regarding a presentation from Carter & Burgess on the renovation of the Civic Center Swimming Pool. Janet Simpson, Park Planning Coordinator, stated that this was a status report briefing the Council on the proposed renovations for the Civic Center Pool. The project was proceeding on schedule and within budget. Bids would be let early in November and construction started near the first of the year which would give enough time to complete the project before the summer season of 1993. Philip Neeley, Project Manager for Carter and Burgess, stated that the original pool was kept in tack and incorporated new amenities for the pool renovation. There was a crowed area in the entrance and poor traffic circulation in the pool. The new design would separate the different age groups. A wide entry would be incorporated with bath houses next to that area. The central zone of the pool would become the parent/toddler area. The zero depth pool would be located off the main pool. The existing slide would be moved to the other side of the pool which would help separate the different age groups and provide good movement. A new parking lot would be developed off Bell Avenue. New features included a new gutter system, filtration system, new decking, new lifeguard stands, new deck equipment, and new trellis areas. Alan Nelson, architect, stated that they would be maintaining the same flavor of~the pool as it currently had. He detailed the floor plan of the bathhouse/office area and the zero depth pool. The only part of the current structure which would be removed would be the current office. The new office would be incorporated into the current columns. The colors would reflect the current scheme. Council Member Perry asked if there would be a barrier between the toddlers pool and the rest of the pool. City of Denton city Council Minutes October 6, 1992 Page 2 39 Neeley replied that at a minimum there would be a rope barrier. A final decision had not been made as to whether a permanent barrier would be installed. Council Member Perry asked about the filtration system. Neeley replied that the system would be a vacuum sand filtration system and a recirculation gutter which would improve the system. Mayor Pro Tem Hopkins asked if these proposals would remain within budget. Nelson replied that the proposals were within budget and would also meet ADA specifications. The Council convened in the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. 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 September 1, 1992, the Special Call Session of September 8, 1992, and the Regular Meeting of September 15, 1992. Miller motioned, Chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented the following proclamations: ae B. C. D. Kids Month - Take Time for Kids Keep Denton Beautiful - Adopt-A-Spot Month National Fire Prevention Week/Month Public Power Week 3. Citizen Reports A. The Council received a citizen report from Carl Young regarding redistricting. Mr. Young stated that he was a representative of the Black Leadership Coordinating Council, a group which now gave the Black 40 City of Denton City Council Minutes October 6, 1992 Page 3 community an avenue to express their opinions. Their opinion was that the current plan for electing City officials was unfair and requested the Council create a redistricting plan on a 6-1 or 6-2-1 basis. All council members would be elected in single member districts with the Mayor elected at-large. This would bring Denton City government in line with recent federal appeal court decisions and bring the Council closer to the people. This would also reduce the cost for running for City Council which would allow minorities and students to have a better chance to participate in City government. Denton had many problems and problems with the City charter. A broad based community task force was needed to determine what the City should be in the year 2000. General goals should be established with small groups to determine specific plans to accomplish those goals. All of the City's boards and commissions needed to be reviewed and how members were selected. All boards and commissions should be examined to determine what they should accomplish. He was asking the Council to start a charter review and possibly 6-2 or 6-2-1 redistricting. Mayor Castleberry stated that Council would take Mr. Young's suggestions under consideration. B. The Council received a citizen report from Laronda Schrader regarding a City policy for electric employees. Ms. Schrader stated that when the City's electric standby crews worked all night on emergencies earning time and a half pay, they should be given at least four hours early off with paid personal leave time paid for the four hours and not loose their time and a half pay for their valuable services to the community. As it stood now, when the standby crews were out all night working and had no sleep, they were still required to put in a full day on the job unless they wanted to loose overtime pay rate and still be ready to work all emergencies following normal working hours. This proposal was asking very little monetarily to prevent unsafe practices that could result in injuries, accidents or even death. The cost of paying out a few hours of straight time pay to prevent unsafe working conditions did not come close to what an accident would cost. It was very seldom that the crews were out all night that this would be no great out of budget expense to do this proposal. Her proposal also included that if an employee on the nights Sunday through Thursday when the following day was a working day, that at midnight to 7~00 a.m. if that employee on standby worked five or more hours, they should be granted the four hours paid personal time during normal working, hours if they were still going to be on standby following that days work. Mayor Castleberry asked the City Manager to give Council a report on her suggestions. City of Denton City Council Minutes October 6, 1992 Page 4 41 C. The Council received a citizen report from Joe Dodd regarding cablecasting of City Council meetings. Mr. Dodd stated he was a member of a group which had worked for the deregulation of the cable television industry. His group was elated over the fact that the Legislature had overridden the President's veto of the cable regulation. He urged the Council to accept the channel allocation slot available on cable television. The Council meetings and the Planning and Zoning Commission meetings could be televised with very little outlay of cash. With the funds and technology available, there was really no good reason to not film the council meetings. 4. Public Hearings A. The Council held a public hearing and considered adoption of a specific use permit on a 1600 square foot tract of land located at 119 Avenue A for the purpose of the Delta Chi Fraternity Meeting Hall and Offices. (The Planning and Zoning Commission recommended approval 7-0 at their meeting of August 26, 1992). Z92-020 Karen Feshari, Urban Planner, stated that this property had been zoned general retail in 1969. The site was formerly the Goose Inn Bicycle Shop. On May 11, 1992, the Delta Chi's requested a variance to the required off-street parking and was granted such as they met all of the variance criteria. According to the Engineering Department, the proposed use could adequately be served by the existing transportation facilities and all other utilities were adequate for this use. The applicants had met with the Chief of Police for the University of North Texas as well as the Vice- President of Administrative Affairs and had agreed to specific conditions. Staff agreed with and the Planning and Zoning Commission recommended the proposed conditions: (1) the expiration of the specific use permit would be November 10, 1993 and the applicant could apply for an extension of the specific use permit; (2) the hours of occupancy or use would be Monday 7:00 a.m. - 11:00 p.m.; Tuesday, Wednesday, Friday, Saturday and Sunday 7:00 a.m. - 10:00 p.m. and Thursday 7:00 a.m. - 7:00 p.m.; (3) no alcoholic beverages were to be served or sold on the premises, however members would be permitted to bring their own alcoholic beverages to the location for their own consumption. The Mayor opened the public hearing. Scott Woods, representing the Delta Chi Fraternity, stated that he would answer any questions the Council had regarding the request. No queution= were a~ked of Mr. Wood~. No one spoke in opposition. City of Denton City Council Minutes October 6, 1992 Page 5 The Mayor closed the public hearing. The following ordinance was considered: No. 92-165 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR DELTA CHI FRATERNITY, ON A 1,600 SQUARE FOOT TRACT OF LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance with the three conditions approved by the Planning and Zoning Commission. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Perry motioned, Brock 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. ae Bids and Purchase Orders: 1. Bid #1420 - Distribution Transformers 2. Bid #1413 - Hobson Lane Drainage 3. P.O. #85491A - Black and Veatch 4. P.O. #85491B - Black and Veatch 5. P.O. #26844 - Southwest Electric Company 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1420) The following ordinance was considered: No. 92-166 AN ORDINANCE ACCEPTINC 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. City of Denton City Council Minutes October 6, 1992 Page 6 43 B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.2. - Bid #1413) The following ordinance was considered: No. 92-167 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. 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. 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. (5.A.5. - P.O. #26844) The following ordinance was considered: No. 92-168 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; AND PROVIDING FOR AN EFFECTIVE DATE. Perry 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 an ordinance authorizing the City Manager to execute Amendment 2 to the agreement for engineering services between the City of Denton and Black and Veatch, Inc., for the Lake Ray Roberts Hydroelectric project. (5.A.4 - P.O. #85491B) The following ordinance was considered: City of Denton City Council Minutes October 6, 1992 Page 7 No. 92-169 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 2 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK AND VEATCH, INC., FOR THE LAKE RAY ROBERTS HYDROELECTRIC PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Hopkins 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 execute Amendment Number 3 to the agreement for engineering services between the City of Denton and Black and Veatch, Inc., for the Lake Lewisville Hydroelectric Project. (5.A.3 - P.O. #85491A) The following ordinance was considered: No. 92-170 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK & VEATCH, INC., FOR THE LAKE LEWISVILLE HYDROELECTRIC PROJECT; AND DECLARING AN EFFECTIVE DATE. Brock 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. F. The Council considered adoption of an ordinance establishing a program to promote local economic development and to stimulate business in the City and approving an economic development grant agreement with PACCAR, Inc. Linda Ratliff, Economic Development Coordinator, stated that the City would realize many economic advantages associated with this agreement. ~ Peterbilt estimated approximately 225-250 new jobs and as a result of thQ rQlooati~n, additional 180 indlre~t jobs in construction and retail and service industries. John McGrane, Executive Director for Finance, reviewed the final draft of the agreement for Council consideration. He detailed the changes in the two documents which had been made during the day and the provisions of the agreement section by section. Council Member Perry asked what was the time period for the city of Denton City Council Minutes October 6, 1992 Page 8 45 agreement. McGrane replied that the agreement ran for 10 years unless in the first five years they exceeded an annual payroll of $7 million. If that were done, it could shorten the life of the agreement. In the first five years, Peterbilt had a commitment to do either 200 jobs or $7 million and in return the City would give them the grant payment if their value exceeded the purchase price. Throughout the agreement Peterbilt had to maintain either 200 jobs or a $7 million payroll. In year six through ten, if they did not meet that full- time equivalent, they would have to begin repaying what the City had given them. Commissioners Court had discussed the agreement during the day but as they did not have a final agreement, decided not to approve it at that meeting but would rather consider it at their next meeting. The were very supportive of the agreement. The following ordinance was considered: No. 92-171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE ANECONOMIC DEVELOPMENT GRANT AGREEMENT BETWEEN THE CITY OF DENTON AND PACCAR, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS PURSUANT THERETO; AND PROVIDING AN EFFECTIVE DATE. Perry 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. G. The Council considered adoption of an ordinance amending the schedule of electric rates; adding new General Service Large (GSL), General Service Small (GSS), Experimental Weekend (EWK), Appliance Rebate (APR), Air Conditioning Cycling Rebate (ACR), and Voluntary Load Reduction (VLR) rate schedules; deleting the General Service (GS), Large Primary (LP), General Service Primary (GP), General Service Primary Time of Use (TGP), and Large Primary Time of Use (TLP) rate schedules. Lloyd Harrell,.City Manager, stated that the next items were rate changes discussed during budget presentations and reviewed at the last study session. Staff recommended approval and was ready to respond to Council questions. Jerry Drake, Assistant City Attorney, stated several typographical errors in the ordinance. errors for the Council. that there were He noted those The following.ordinance was considered: City of Denton City Council Minutes October 6, 1992 Page 9 No. 92-172 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES; ADDING NEW GENERAL SERVICE LARGE (GSL), GENERAL SERVICE SMALL (GSS), EXPERIMENTAL WEEKEND (EWK), APPLIANCE REBATE (APR), AIR CONDITIONING CYCLING REBATE (ACR), AND VOLUNTARY LOAD REDUCTION (VLR) RATE SCHEDULES; DELETING THE GENERAL SERVICE (GS), LARGE PRIMARY (LP), GENERAL SERVICE PRIMARY (GP), GENERAL SERVICE PRIMARY TIME OF USE (TGP), AND LARGE PRIMARY TIME OF USE (TLP) RATE SCHEDULES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance with the changes as noted by the Attorney. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance amending the schedule of rates for water service; adding a new Adopt-A-Spot rate schedule; deleting the intragovernmental water service not connected to sewer rate schedule. The following ordinance was considered: No. 92-173 AN ORDINANCEAMENDING THE SCHEDULE OFRATES FOR WATER SERVICE; ADDING A NEW ADOPT-A-SPOT RATE SCHEDULE; DELETING THE INTRAGOVERNMENTAL WATER SERVICE NOT CONNECTED TO SEWER RATE SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew, motioned, Hopkins 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. I. The Council considered adoption of an ordinance amending the schedule of rates for wastewater service; adding a new Commercial/Industrial Wastewater Service to users without City of Denton Water Service (SCN), Residential Wastewater Service to Users Outside of Denton Corporate Limits with City of Denton Water Service (SRW), and Commercial/Industrial Wastewater ~ervi~e Out~ide the City of Denton Corporate Limits with City of Denton Water Service (SCW) rate schedules; and deleting the Residential Wastewater Service to Users Outside of Denton Corporate Limits (SRW) rate schedules. The following ordinance was considered: City of Denton City Council Minutes October 6, 1992 Page 10 47 No. 92-174 AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WASTEWATER SERVICE; ADDING A NEW COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE TO USERS WITHOUT CITY OF DENTON WATER SERVICE (SCN) RATE SCHEDULE, A RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE OF DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (SRW) RATE SCHEDULE, AND A COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE OUTSIDE THE CITY OF DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (SCW) RATE SCHEDULE; DELETING THERATE SCHEDULE FOR RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE OF DENTON CORPORATE LIMITS (SRW) RATE; 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. J. The Council considered adoption of an ordinance establishing rates for residential and commercial sanitation collection services as authorized by Chapter 24 of the Code of Ordinances of the City of Denton. The following ordinance was considered: No. 92-175 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FORAN 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. K. The Council considered adoption of an ordinance establishing rates for the use of the City's Sanitary Landfill site for the disposal of tires and "special waste" as authorized by Chapter 24 of the Code of Ordinances of the City of Denton; and establishing requirements for acceptance of tires at the landfill. The following ordinance was considered: 48 City of Denton City Council Minutes October 6, 1992 Page 11 No. 92-176 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE FOR THE DISPOSAL OF TIRES AND "SPECIAL WASTE" AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; ESTABLISHING REQUIREMENTS FOR ACCEPTANCE OF TIRES AT THE LANDFILL; 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. L. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Grove Street from its intersection with Vine Street to its intersection with Frame Street and on both sides of Nottingham Drive from its intersection with University Drive to its intersection with Mingo Road. Mayor Castleberry indicated that he lived on Grove Street and had been advised by the Attorney's office that as there was no contract with this ordinance and as he would receive no financial gain from the ordinance, he could participate in the decision of the ordinance. Jerry Clark, City Engineer, stated that the Citizens Traffic Safety Support Commission had considered this item the night before. Grove Street had been previously posted "no parking". Complaints had been received regarding the signs and upon review staff discovered there was no ordinance supporting the no parking signs. The signs had been taken down and currently it was very difficult to maneuver through the area. An ordinance had been presented to the Commission which would prohibit parking 24 hours per day on both sides of the street from Vine Street to Frame Street. On the south side of Grove Street all of the residents were in favor of no parking. On the north side, 83% were in favor of no parking. Concern was expressed at the Citizens Traffic Safety Support Commission regarding the TWU traffic in the area. The TWU service center was located in this area and there was a lot of traffic in and out of the facility. The Traffic Commission recommended no parkin~ on the north ~ida a£ ~rQv~ Z4 hours per day and modified the staff's recommendation to include a fire lane on the south side of Grove. If Council decided to make the south side of Grove a fire lane, more notification to the property owners was required and the Council would have to consider another ordinance at a later date. If the Council wished to have 24 hour no parking on south side of Grove, the ordinance included in the agenda backup could be considered. Staff had recommended no parking on both sides of the Grove which would put the street back to the way it was before the City of Denton City Council Minutes October 6, 1992 Page 12 signs were removed. Lloyd Harrell, City Manager, stated that the reason the Citizens Traffic Safety Support Commission recommended one side as a fire lane was that it would give more authority to tow vehicles and move vehicles if necessary. There were no other streets in the City which had been designated as a fire lane. Fire lanes had been designated on private property such as in shopping centers. If the Council was favorable to no parking on both sides of the street, the ordinance could be approved at this meeting. If the Council wanted to go with a fire lane, further notice for the neighborhood must be given. Council Member Perry felt that both sides of the street should be designated as no parking as no one objected to the one side being no parking and on one side almost every one wanted it no parking. He would be in favor of restricting parking on both sides of the street. Perry motioned, Chew seconded to restrict parking on both sides of Grove Street. Mayor Pro Tem Hopkins stated that there were people who spoke at the Traffic Safety Commission meeting who were against the no parking on both sides of the street. Clark stated that Lot 4 indicated opposition to the no parking on the south side of the street. The resident was concerned with guest parking although currently the street was parked full and residents would not have room for guests to park now anyway. Mayor Pro Tem Hopkins indicated that with the proposal parking would not be allowed on the weekends. Clark indicated that it would be 24 hours 7 days a week no parking. The driveways in the area were very long which would allow for adequate parking. Mayor Castleberry stated that there was parking in the resident's driveways as they were very long for the residents on both the north side and south side of the street. Mayor Pro Tem Hopkins wanted to be sure that there was no need to allow the parking on Saturday and Sunday for the residents in order to accommodate guest parking. Council Member Brock stated that the backup memo in the agenda packet indicated that staff was recommending 24 hour no parking on the south side and no Darking from 8:00 a.m.- 5:00 p.m. on north side. What did the ordinance state. 50 City of Denton City Council Minutes October 6, 1992 Page 13 Clark stated that the staff recommendation had been modified when it was taken to the Traffic Commission meeting to have no parking on both sides of the street at any time. City Manager Harrell stated that the only ordinance the Council had was to have no parking on both sides of the street for 24 hours a day. Brock motioned, Hopkins seconded to amend the main motion to prohibit parking on the south side at any time and to prohibit parking on the north side between the hours of 8:00 a.m.- 5:00 p.m. Monday through Friday. Council Member Brock felt it would be more helpful to allow parking on one side of the street during off school hours. Mayor Castleberry stated that there was a tremendous area. Guest parking had never been a problem. Saturdays when the University had seminars and the next to a dormitory. Twenty-four hour parking no eliminate undesirable parking for the University. Council Member Perry stated that the no parking had for years and until now there had been no problems. problem in the There were area was also parking would been in effect Mayor Castleberry stated that the street was also difficult for safety vehicles to negotiate as the streets on Frame and Grove were very narrow. Limiting the parking would make the street readily available in the case of an emergency. There were many maintenance vehicles from TWU into their service center which added to the congestion in the area. Council Member Brock indicated that she had had no contact with area residents and her considerations were from her point of view. Mayor Pro Tem Hopkins stated that she was concerned for the residents in the area and the amendment might be a compromise to the situation. Council could return at a later date if the amendment was a problem and restrict the parking on the north side at an future meeting. Council Member Miller asked where parking was allowed before the changQ. Clark replied that there was no parking on either side of the Streets before the signs were removed. The issue only came up as there was no ordinance to substantiate the no parking in the area. Council voted on the amendment. On roll vote, Brock "aye", Miller "nay", Hopkins "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-5 vote. City of Denton City Council Minutes. October 6, 1992 Page 14 51 Council voted on the main motion. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council considered the parking issue on Nottinghan Drive. Clark indicated that this was the final project on the current CIP schedule. It had been designed as a four lane street and without no parking on the street, that traffic flow would be hampered. Some areas on the street were closer than the parking lot for the Denton Bible Church and people might park on the street rather than use the parking lot. Staff was recommending no parking on the street and would be in conjunction with the opening of the street. Smith motioned, Perry seconded to approve the no parking on Nottingham as presented in the proposed ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The following ordinance was considered: No. 92-177 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF GROVE STREET FROM ITS INTERSECTION WITH VINE STREET TO ITS INTERSECTION WITH FRAME STREET AND ON BOTH SIDES OF NOTTINGHAM DRIVE FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH MINGO ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance restricting the parking on Grove Street and Nottingham Drive. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. M. The Council considered adoption of an ordinance approving a supplemental agreement No. 01 between the City of Denton and the State of Texas for installing traffic signal controllers within the City of Denton at the intersections of I35E and Avenue D and U. S. Highway 377 and Acme Street. Jerry Clark, City Engineer, stated that the original estimate on this project was $12,000. Some of the rules on what the State would allow to qualify for reimbursement had changed which allowed the State to pay the City an additional $5,000 for the project. The following ordinance was considered: 52 City of Denton City Council Minutes October 6, 1992 Page 15 No. 92-178 AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 01 BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL CONTROLLERS WITHIN THE CITY OF DENTON AT THE INTERSECTIONS OF 1-35E AND AVENUE D AND U.S. HIGHWAY 377 AND ACME STREET; AND PROVIDING 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. N. The Council considered adoption of an ordinance amending the fees charged by the City for inspections by health inspectors; and repealing all ordinances in conflict herewith. City Manager Harrell stated that this item had been considered during the Council,s budget sessions and he was ready to answer any questions from the Council regarding the ordinance. The following ordinance was considered: No. 92-179 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES CHARGED BY THE CITY FOR INSPECTIONS BY HEALTH INSPECTORS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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. 7. Resolutions A. The Council considered approval of a resolution approving the sublease of airport property by Fox-51 Limited, to Blakey Engine Service, Inc. and Wilke Associates, Inc. (The Airport Advisory Board .recommended approval.) Rick Svehla, D~puty City Manager, stated that these subleases had been reviewed by the Legal Department and were exactly the same as the City's lease with Fox-51. These were subleases in the new building on the northern end of Fox-51's lease. The following resolution was considered: City of Denton City Council Minutes October 6, 1992 Page 16 53 No. R92-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO BLAKEY ENGINE SERVICE, INC. AND WILKE ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE. Chew 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. B. The Council considered approval of a resolution declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in the hereinafter described land situated in the W. Neil Survey, A-907, the I. Hembrie Survey A-594, the J. McDonald Survey A-873 and the J. W. Kjellberg Survey, A-1610; authorizing the City Manager or his designee to make an offer to the owners of the property and if the offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of extending a runway at the Municipal Airport by the City of Denton, Texas. Rick Svehla, Deputy City Manager, stated that the next three items were parcels of land the City was trying to acquire for the clear zone for the airport and the extension of the airport runway. The City was eligible for an FAA grant and once obtained, could apply for a grant at 90% reimbursement. The following resolution was considered: No. R92-054 A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE W. NEIL SURVEY, A-970, THE I. HEMBRIE SURVEY A-594, THE J. MCDONALD SURVEY A-$73 AND THE J. W. KJELLBERG SURVEY, A-1610; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", HoDkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes October 6, 1992 Page 17 C. The Council considered approval of a resolution declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in the hereinafter described land situated in the William Wilburn Survey, Abstract No. 1419; authorizing the City Manager or his designee to make an offer to the owners of the property and if the offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of extending a runway at the Municipal Airport by the City of Denton, Texas. The following resolution was considered: No. R92-055 A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE WILLIAM WILBURN SURVEY, ABSTRACT NO. 1419; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew 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 declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in the hereinafter described land situated in the J. Scott Survey, Abstract No. 1222; authorizing the City Manager or his designee to make an offer to the owners of the property and if the offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of extending a runway at the Municipal Airport by the City of Denton, Texas. The following resolution was considered: No. R92-056 A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE J. SCOTT SURVEY, ABSTRACT NO. City of Denton City Council Minutes October 6, 1992 Page 18 55 1222; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING 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. E. The Council considered approval of a resolution authorizing the City Manager to execute Amendment No. i to a grant agreement between the City of Denton and the United States of America Federal Aviation Administration, changing the project number. The following resolution was considered: No. R92-057 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE GRANT AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION, CHANGING THE PROJECT NUMBER; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew 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. F. The Council considered approval of a resolution temporarily closing Gatewood Drive between Lafayette Drive to Ticonderoga Street on Saturday, October 31, 1992. Catherine tuck, Administrative Assistant, stated that this was a request from a neighborhood group for a block party. All signatures of homeowners had been received. The following resolution was considered: No. R92-055 A RESOLUTION TEMPORARILY CLOSING GATEWOOD DRIVE BETWEEN LAFAYETTE DRIVE AND TICONDEROGA STREET ON SATURDAY, OCTOBER 31, 1992; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", City of Denton City Council Minutes October 6, 1992 Page 19 Chew "aye", Perry "aye", and Mayor Castleberry "aye". carried unanimously. Motion G. The Council considered approval of a resolution supporting the North Central Texas Council of Government's policy position on pursuing a decentralized vehicle inspection and maintenance program. Lloyd Harrell, City Manager, stated that the City had been asked to lend support to a position by the North Central Texas Council of Governments regarding decentralized vehicle inspection programs. Under the current regulations, Denton County residents would be required to have emissions tested as part of the yearly safety inspection process from one centralized location. It was proposed to decentralize the inspection sites for the convenience of the residents. The following resolution was considered: No. R92-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S POLICY POSITION ON PURSUING A DECENTRALIZED VEHICLE INSPECTION AND MAINTENANCE PROGRAM; 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. H. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services. Lloyd Harrell, City Manager, stated that this resolution followed the budget discussions. This was the contract offered by Denton County for provision of library services. It was not a sufficient amount to reimburse the cost of serving out-of-city residents but if not accepted, the City would have to reduce services at the Library. The followinH resolution was con~id~r~d~ No. R92-060 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes October 6, 1992 Page 20 57 Chew motioned, Perry 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. 8. The Council considered appointment of Advisory Board Members. There were no appointments considered at this time. 9. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. The City had hosted a successful COPS program over the last several days for ICMA group. B. The Nottingham Drive grand opening was tentatively scheduled for 4:00 p.m. on the 20th of October. Mayor Pro Tem Hopkins indicated that there was an audit committee meeting scheduled on that date for that time. A suggestion was made to change the audit committee meeting to 3:00 p.m. and have the opening at 4 p.m~ followed by the regular Council meeting. C. Staff was trying to schedule a study session for this month to review the sign ordinance in detail. Normally that date would be October 27th. Two council members indicated that they would be gone for that meeting and it was suggested to change the meeting to the 13th of October. One council member would be gone for that session so staff was looking for an alternate date for the study session. Mayor Pro Tem Hopkins asked if the second week of November was not possible for the study session. City Manager Harrell replied that it was up to Council to decide the date. Once the study session was completed, the Council would probably want to do a public hearing and then take formal action. Council Member Miller asked if it was urgent to do this so quickly. He felt that the second Tuesday in November would be a better date. Consensus of the Council was to hold the session on November 10. Council Member Smith asked the Manager to give a brief review on the long range visioning project they were working on. City Manager Harrell stated Council Member Smith, Council Member Miller and he met with a group of citizens and began a discussion 58 City of Denton City Council Minutes October 6, 1992 Page 21 regarding a broad-based citizen study group to become involved with this long range visioning project. Council Member Smith indicated that there was good interest and participation in the meetings she had attended. 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Perry stated that durinq this week's cops meeting, the consultant was very interested in involving the people who lived in the neighborhood in every aspect of the police work including training, etc. He felt this was a very innovative idea. B. Council Member Miller asked about the study/ recommendation regarding televising the Council meetings. City Manager Harrell replied that a report would be ready for the council at the next study session.-Proposals had been received from both universities as well as discussions with the School District. C. Council Member Brock asked for a future discussion regarding Laylor fund allocations and a possible re-evaluation of the City's position. D. Council Member Smith encouraged the Council to consider becoming involved in the "Adopt-a-Spot" program. She would like to see the Council consider a location to adopt as Council participation might help further community involvement in the project. E. Council Member Chew asked for consideration of dates for annual evaluation sessions for City Council employees. 12. The Council did not convene into the Executive Session during the Regular Session. C~IFE~WALTERS SECRETARY CITY OF DENTON, TEXAS With no further business, the meeting was adjourned at 9:10 p.m. BOB CASTLEBERRY, MA~OR~ CITY OF DENTON, TE~S / AC~000BE