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Minutes February 15, 199440 CITY OF DENTON CITY COUNCIL MINUTES February 15, 1994 The Council convened into the Work Session on Tuesday, February 15, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Council Member Chew 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered action in Williams v. Jez, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Discussion regarding property acquisition on Foster Road and Mayhill Road. C® Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council received a report and held a discussion regarding the Robert Leathers Playground in South Lakes Park and gave staff direction. Rich Dlugas, Parks and Recreation Director, stated that in August 1993 the City had received a matching grant from the Texas Parks and Wildlife Department which would supplement funds allocated in the 1986 bond fund program for the development of South Lakes Park. Part of the grant proposal allocated $70,000 for the development of two playgrounds within the park with the $70,000 being divided evenly between the two playgrounds. A citizen's group requested the development of a Robert Leathers playground which would be designed by the community, both adults and children. This park would be funded by the community along with the City's development and would cost approximately $100,000. The concept behind Robert Leathers was that the playground would be designed and built by the community and funded, in part, by the citizens of the community. The Council viewed slides of Leathers designed playgrounds in other cities in the area. Council Member Miller asked if there would be only one playground in the area instead of two. Dlugas replied the current plan indicated two playgrounds with $35,000 available for the development of each playground. The consultant would conduct neighborhood meetings to determine if the citizens preferred one or two playgrounds. If the consensus was 41 city of Denton City Council Minutes February 15, 1994 Page 2 for only one playground, all of the $70,000 could be used for that playground. Mayor Pro Tem Smith asked about the projected life span of a Leathers playground. Dlugas replied that the citizens committee would have to make sure dollars were kept in a fund to maintain the structure. The wood would have to be treated on a yearly basis which would cost approximately $5,000 per year. Council Member Perry asked how such a playground would accommodate the needs of toddlers. Dlugas replied that the facility was totally accessible by ramps for the smaller children. Council Member Perry felt that the Council should not rule out the possibility of two playgrounds which was the original consideration. A smaller area might accommodate smaller and younger children. Council Member Cott suggested that as the design work progressed that the police department be involved so that proper patrols were there for the public's safety. Council Member Brock expressed a concerned about a neighborhood meeting determining whether there would be one or two parks. She felt that the children on northern end of the park should have easy access to a playground. Council Member Miller felt that the community needed to be open about the process as the park was to serve the entire community. He would like to see what the concept would be. City Manager Harrell stated that the posture in working with the neighborhood group was that there was $35,000 of city funds available for a Leathers park. A more detailed study would be done as the formal design of the park progressed and there might be additional money available to help fund the project but to start the project there was $35,000 available. Council Member Chew joined the meeting. Council Member Perry felt that the option for two parks should remain open until further study. City of Denton City Council Minutes February 15, 1994 Page 3 Council Member Cott asked that the retention/detention ponds which affected the pond in Montecito be considered duriDg the process. City Manager Harrell stated that that was part of the project to do the first lake. Mayor Castleberry asked about usage of such a park after it was built. Dlugas replied that there was tremendous usage and the citizens were very supportative of the project. Consensus of Council was to use $35,000 for the development of a Robert Leathers playground. 3. The Council received a report and held a discussion regarding the City's fiber optics program. Bob Nelson, Executive Director of Utilities, stated that many of the city facilities were connected with fiber optics. The CIP plan had a phased program for installing fiber optics over the next four to five years. The Public Utilities Board felt that that program should be increased and the current CIP would indicate more projects in that area. Ray Wells, Superintendent for Metering and Substations, stated that the City started in the fiber optic business in 1990 when its telephone system was upgraded. Most of the City facilities were connected with fiber optics. He reviewed the City of Denton fiber system and the locations of the system. Denton was in an excellent position for fiber optics with two large fiber networks passing through the City. Nelson stated that they would continue to install optics throughout the City. No major decisions were needed at this point in time. There was no rate schedule or fee schedule determined at this point regarding any tie-in to the City's system. This system would be a good way to interconnect the university libraries with the City library for the future. Council Member Cott asked about cost relationships. Wells replied that regular cable was approximately $8 per foot and the fiber cable was $1.80 per foot. The volume with fiber cable was much greater than with regular cable. Jim Harder, Director of Electric Utilities, stated that this was a rapidly expanding field and the City had an opportunity to be on City of Denton City Council Minutes February 15, 1994 Page 4 the leading edge of this technology. City Manager Harrell stated that the City was tieing all of the city facilities with fiber optics and in so doing there were side opportunities which would be presented to the City. Council Member Chew felt that this would be a good economic development tool. The Council convened into the Regular Meeting on Tuesday, February 15, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, 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 Session of February 1, 1994. Perry motioned, smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented a proclamation for American Heart Month. 3. The Council received a State of the County Address from Judge Jeff Moseley. Judge Moseley stated that the County was pleased with a recent ranking of the City and State Magazine which ranked Denton County as the fifth county in the nation for development. Denton County was ranked number one in the "new jobs" created category. He felt that there was a "Denton County factor" which helped attract new business to the County such as the establishment of a Federal Express Southwest Regional Hub. This Hub would be located at Alliance Airport but on the Denton County side of Alliance due to the lower taxes the company would incur in Denton County as opposed to Tarrant County. A challenge for 1994 would be the crisis at the State level of jail overcrowding. The State had capped its population at 95% so that inmates who were ready to be transferred to a State facility must remain in the County jail due to City of Denton City Council Minutes February 15, 1994 Page 5 overcrowding. Fifty percent of the inmates in the County jail were State inmates. The expansion of the County j~ail was almost completed. He felt that the County had been fighting crime and holding the line on taxes. He appreciated the support from the City of Denton on various joint projects. Mayor Castleberry stated that the City of Denton and County of Denton were cooperating on several projects which would be a benefit for both entities. Council Member Perry asked Judge Moseley to consider additional funding from the County for library services. The City was in the process of adding a branch library and the computer technology to link with the university libraries. 4. Resolutions of Appreciation A. The Council considered approval of a resolution of appreciation for Jim Lawson. The following resolution was considered: NO. RA94-003 A RESOLUTION IN APPRECIATION FOR JIM LAWSON Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution of appreciation for Jerry Crisp. The following resolution was considered: NO. RA94-004 RESOLUTION IN APPRECIATION OF JERRY L. CRISP Perry motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution of appreciation for Dick Guditis. City of Denton City Council Minutes February 15, 1994 Page 6 The following resolution was considered: NO. RA94-005 RESOLUTION IN APPRECIATION OF RICHARD J. (DICK) GUDITIS Cott motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution of appreciation for Bill Cummings. '~ The following resolution was considered: NO. RA94-006 RESOLUTION IN'APPRECIATION OF BILL CUMMINGS Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. citizen Requests A. The Council considered a request for a noise exemption for the Denton County Livestock Association at the North Texas State Fairgrounds on Saturday, March 26, until 10:30 p.m. Catherine Tuck, Administrative Assistant, stated that this was a request from the Denton County Livestock Association for a half hour exemption of the noise ordinance to extend until 10:30 p.m. Loudspeakers would be used in the rodeo arena of the Fairgrounds. Normally the event would be over at 10:00 p.m. but this year there were more contestants which might lengthen the event. The North Denton Center Neighborhood Association had been contacted regarding this request. Council Member Perry asked how long the exemption would cover. Tuck replied that the exemption would extend the use of loudspeakers for only a half hour from 10:00 p.m. to 10:30 p.m. Council Member Perry stated that he had an appreciation for the work needed to be done with cattle. He expressed a reservation City of Denton City Council Minutes February 15, 1994 Page 7 for granting the exemption due to even application of the law. The law granted businesses the full right to conduct business without disturbance from surrounding people. The law also granted the same right to area citizens to occupy their property without being disturbed. To grant the exemption of any group from the noise ordinance allowed that group to create a disturbance in the lives of other people. This was not something he was willing to endorse. He would not favor the approval of the exemption. Council Member Cott indicated that all of the sound equipment had been redone in the arena where the show would take place for the purpose of not disturbing the neighborhood. Miller motioned, Smith seconded to approve the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 6. Consent Agenda Perry motioned, Brock seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders Bid #1576 - 23 Cu. Yd. Scraper Bid #1578 - Wire and Cable RFSP #1562 - Newman, Jackson & Bieberstein, Inc. - South Lakes Park design B. Tax Refunds Arby's Roast Beef #5999 - $932.00. Denton County Title Co. for James M. $593.33 Welborn - C. Plats Preliminary plat of Lots 1 through 5, Block A, Russell-Newman Addition. The 48.752 acre site was located on the east side of Loop 288 approximately 1,200 feet north of Market Street. (The Planning and Zoning Commission recommended approval at its meeting of February 9, 1994.) City of Denton City Council Minutes February 15, 1994 Page 8 7. ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid #1576, 6.A.2. - Bid #1578) The following ordinance was considered: NO. 94-024 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 FORAN EFFECTIVE DATE. smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Newman, Jackson & Bieberstein, Inc. for professional architectural services relating to the design of the South Lakes Park for the City of Denton. (6.A.3. - RFSP #1562) The following ordinance was considered: NO. 94-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH NEWMAN, JACKSON, BIEBERSTEIN, INC. FOR PROFESSIONAL ARCHITECTURAL SERVICES RELATING TO DESIGN OF THE SOUTH LAKES PARK FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. Council Member Perry asked if the contract included plans and specifications for the park. city Manager Harrell stated that for the contract price, the architect would prepare all the plans and specifications necessary to bid the various elements of the park. City of Denton City Council Minutes February 15, 1994 Page 9 Council Member Perry asked if the price included supervision of the project by the architect. Rich Dlugas, Superintendent of Parks and Recreation, stated that the contract included that the consultant would provide inspection of the project as it was being constructed. The consultant would report back to the City regarding any difficulties being experienced or observations he had. City Manager Harrell stated that the contract did not provide that the consultant would be on the project on a continuous basis during the project. They would do periodic inspections. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton. Kathy DuBose, Acting Executive Director for Finance, stated that the ordinance would provide notice of an intent to issue certificates of obligation for sale March 29, 1994. The certificates would provide funding of $1.5 million for police and fire computer and communications equipment and $450,000 for library computer equipment as approved in the 1993-94 CIP program. The sale would also provide funding for vehicles and equipment for the annual lease purchase program. The term of the certificates would be between 3-10 years depending on estimated life of the related asset. Council Member Cott felt that the City should use further and better planning rather than have to use certificates of obligation. He felt that the City should not finance so much with certificates but should use general obligation bonds. The following ordinance was considered: NO. 94-026 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION IS ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON. Cott motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. city of Denton city Council Minutes February 15, 1994 Page 10 City Manager Harrell stated that First Southwest felt that it would be appropriate for a delegation to make a bond rating trip to New York and that the CoUncil send a representative on that trip. The date for the trip would be March 10-11. Mayor Pro Tem Smith asked what would be accomplished by going to New York. Frank Medanich, First Southwest Company, stated that it had been a number of years since the City approached the rating agencies and felt it would be good to introduce the city to contacts in the rating agencies. He did not expect the ratings to increase at this point in time but felt that it would be helpful to make an appearance and visit with the rating agencies. City Manager Harrell stated that David Medanich, First Southwest Company, had indicated that as long as the City had a drop in the assessed value, enough questions were raised at the rating agencies to be a negative factor related to the City. The City's financial statements were excellent and the City had an excellent financial year this past year. A bond trip would set the stage for next year when there would be a stable assessed value and with continued financial performance, it would be easier to obtain an increase in the City's bond ratings. D. The Council considered adoption of an ordinance amending portions of Chapter 20 ("Nuisances") of the Code of ordinances providing for height limitation on certain vegetation and creating an offense for allowing certain vegetation to exceed established height limitations in specified areas. Cecile Carson, Community Improvement Coordinator, stated that in June of last year staff had presented detailed information regarding this issue. The ordinance would allow an exemption to properties which were fenced to have to mow within 100 feet of the street right-of-way. Mowing inside the fenced area was not providing any effective aesthetic value. The ordinance would still maintain the requirement of having a 100 foot strip mowed from any occupied dwellings due to health concerns. The proposed ordinance provided for an exemption for wildflowers while the plant was in flower. After the flower had matured, those plants would have to be mowed. The ordinance also had a provision to allow a clarification of what was exempt and what was nonexempt under the ordinance. Grass and hays would not be exempt but cultivated agricultural crops would be exempt. 50 City of Denton City Council Minutes February 15, 1994 Page 11 The following ordinance was considered: NO. 94-027 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING PORTIONS OF CHAPTER 20 ("NUISANCES") OF THE CODE OF ORDINANCES PROVIDING FOR HEIGHT LIMITATION ON CERTAIN VEGETATION; CREATING AN OFFENSE FOR ALLOWING CERTAIN VEGETATION TO EXCEED ESTABLISHED HEIGHT LIMITATIONS IN SPECIFIED AREAS; PROVIDING FOR CERTAIN AFFIRMATIVE DEFENSES TO PROSECUTION OF THIS VIOLATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00; PROVIDING FOR A SEVERABILITY CLAUSE, REPEALING ANY ORDINANCE IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt. Council Member Brock stated that Council had discussed this issue at length several months ago and felt that these were favorable changes. On roll vote, Brock "aye", Cott, "aye", Miller "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 a real estate contract between the City of Denton and Bowlus West to purchase property; and authorizing the expenditure of funds therefor. City Manager Harrell stated that this ordinance would the continue acquisition of property adjacent to the City's landfill. This item had been discussed during the Work Session Executive Session. The following ordinance was considered: NO. 94-028 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BOWLUS WEST TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 51 City of Denton City Council Minutes February 15, 1994 Page 12 8. Resolutions A. The Council considered approval of a appointing Tanya A. Cooper as an Assistant city establishing a fee for payment for her services. The following resolution was considered: NO. R94-005 resolution Judge; and A RESOLUTION OF THE CITY OF DENTON, TEXAS APPOINTING TANYA A. COOPER AS AN ASSISTANT CITY JUDGE; ESTABLISHING A FEE FOR PAYMENT FOR HER SERVICES; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Miller seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered nominations/appointments to the Keep Denton Beautiful Board, the Plumbing and Mechanical Code Board, and the Downtown Advisory Board. Council Member Perry indicated that he did not have a nomination to the Keep Denton Beautiful Board at this time. Council Member Brock indicated that she did not have a nomination to the Plumbing and Mechanical Code Board at this time. Council Member Perry nominated Geneva Berg to the Downtown Advisory Board. 10. Vision Update Council Member Brock indicated that the training for impact group leaders was currently going on. A tentative date of April 10 had been selected as open house for the Vision Room. Council Member Miller stated that he had attended a recent session with the impact group leaders. The leaders would be contacting the team members in the near future. There was a need to coordinate the entire effort as a whole with the individual groups. The team leaders would meet monthly as teams and every other month would meet with the Cabinet to coordinate all of the issues. People could join the process at any time in order to provide input in the project. 52 City of Denton City Council Minutes February 15, 1994 Page 13 Council Member Brock stated that if an individual did not have time to attend an impact group, he could call in his ideas or send them in for the project to consider. 11. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. There would be no meeting next week. B. The March Council schedule would have a regular meeting on March 1st with the next regular meeting to be on March 15th which would be the Tuesday that most Council Members would be returning from NLC in Washington. He suggested the Council consider a resolution at the next meeting to change the meeting from the 15th to the 22nd. C. The midyear Council review session had been tentatively scheduled for March 8th. One Council Member had indicated a conflict with that date and he asked Council if they would like to change the date or to continue with that date. After discussion, the consensus of the Council was to change the mid-year review to March 29th. D. A Council Member was needed to accompany the staff delegation to New York for the bond rating trip. The trip was scheduled for March 10-11. Council Member Cott indicated a willingness to attend the trip. After discussion, the consensus of the Council was to have Council Member Cott attend the trip. E. The 30 day period had now lapsed for the FCC to make comment regarding the City's application to oversee the cable system and it was assumed that the application was now approved. F. Georgia Pacific had officially closed on the sale of the Pillsbury building. 12. There was no official action taken on Executive Session Items discussed during the Work Session Executive Session. 13. New Business There were no items of New Business suggested by Council Members for future agendas. 53 City of Denton City Council Minutes February 15, 1994 Page 14 14. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned 8:15 p.m. BOB CASTLEBERRY, EMA~ CITY OF DENTON, T ~ ACC0019F