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Minutes February 21, 1995 NOTE: Pages 382 thru 384 intentionally left blank. CITY OF DENTON CITY COUNCIL MINUTES February 21, 1995 The Council convened into a Closed Meeting on Tuesday, February 21, 1995 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 5:15 p.m. The Council considered the following in Closed Meeting: ae Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Discussed procedures for utilizing options under Section 13 of the Power Sales Contract. Considered settlement offer in City of Denton v. Juren and Alexander. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Discussed City Attorney applicants and selection process. The Council convened into the Work Session on Tuesday, February 21, 1995 at 6:00 p.m. in the city Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 6:00 p.m. 1. The Council received a report, held a discussion and gave staff direction regarding a request from the Town of Bartonville to release a 23 acre tract located on the southwest corner of FM 407 and FM 1830 from Denton's extraterritorial jurisdiction. Harry Persaud, Senior Planner, indicated that the City had received a request from the Town of Bartonville to release a 23 acre tract of land located on the southwest corner of FM 407 and FM 1830 from Denton's extraterritorial jurisdiction. The request originated from a petition received by the Town of Bartonville from Tony Riley requesting Bartonville annex the indicated property. The petition from Mr. Riley excluded a business located on the corner of the property. There was a Lone Star Country Corner located at the corner of FM 407 and FM 1830. Mr. Riley's objective was to be able to sell beer and wine at that location. In 1990 a similar request was made to the City of Denton. At that time, Council gave 385 386 City of Denton City Council Minutes February 21, 1995 Page 2 direction that it might consider releasing the tract of land provided the City of Argyle and Town of Bartonville could agree on apportionment of the area. After working with those two cities for two and a half years, no agreement had been reached. Council informed staff to not release the property from the City's ETJ without compelling reasons. Nothing had changed with the situation except that Mr. Riley was now the new owner of the tract of land. Area residents in the past were opposed to the annexation as they wanted to remain in the City's ETJ. Another issue to consider was the fact that the County had recently contacted staff that they would be beginning work on improvements on FM 407. The County in conjunction with the State would redesign the intersection of FM 407 and FM 1830. The County had expressed concern that releasing land in the ETJ to Bartonville might delay the project. The attorney representing the Town of Bartonville suggested that if the City released the 23 acres, it could establish a contiguous boundary line for ETJ purposes through FM 407. In 1981 the City of Denton signed an apportionment agreement giving the City of Argyle all of the land from the center line of FM 1830 west and from the center line of FM 407 north. Staff felt that there was no compelling governmental reason to release the property at this time. Mayor Castleberry indicated that letters had been received both for and against this issue and Council had copies of those letters. Council Member Smith stated that as the situation had not changed since the Council's last decision to keep the area in the City's ETJ and as that was the staff's recommendation, she agreed with that recommendation. Smith motioned, Brock seconded to retain this area in the City's ETJ. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council reconvened into the Closed Meeting at 6:10 p.m. The Council convened into a Regular Meeting on Tuesday, February 21, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Cott, Perry, Miller and Smith. ABSENT: Council Member Chew 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. City of Denton City Council Minutes February 21, 1995 Page 3 387 2. The Council considered approval of the minutes of January 3, January 10, and January 17, 1995. Council Member Smith asked that the meeting of January 3, 1995 be considered separately as she was not present for that meeting. Brock motioned, Perry seconded to approve the minutes of January 3, 1995. On roll vote, Brock "aye", Cott "aye", Miller "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously with Council Member Smith abstaining as she was not present for the meeting. Smith motioned, Perry seconded to approve the minutes of January 10 and January 17, 1995. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the Yard of the Month awards to: Wendy's Women's Club Judy Lawhorn Teri and Dick Smith 3. The Council received and opened bids regarding city of Denton Certificates of Obligation, Series 1995. Joe Dodd stated that he understood that certificates of obligation were backed up by property tax. He thought that the City could not issue over $1 million through that medium to buy items for the City but apparently was incorrect. Section 7.06 of the Charter provided that the City could perform any act which State law indicated was legal. The City also had a contract with the citizens of Denton regarding revenue bonds. He understood revenue bonds were different but to buy land for a landfill should be a revenue bond process as opposed to certificates of obligation. If revenue bonds were considered over $1 million, the process should go before the citizens for a vote. It was not right to issue these bonds without citizen approval as it looked like the City was trying to avoid having the voters involved in the process. David Medanich, First Southwest Company, indicated that there were six bids for the certificates of obligations and five bids for the general obligation bonds. He presented the Council with a document which included a tabulation sheet for the bids and additional information indicating the history of bond sales for the City plus the ratings from the bond companies. The following companies had submitted bids with effective interest rates: A. G. Edwards - 5.9075 Merrill Lynch - 5.93 38 City of Denton City Council Minutes February 21, 1995 Page 4 Principle Financial Securities - 6.011 Smith Barney Shearson - 5.9007 Service Asset Management - 5.9944 Nations Bank - 5.9062 Medanich indicated that it appeared that the bid from Smith Barney was the lowest bid. He indicated that all of the bids appeared to be within the bidding parameters and were submitted on time with good faith checks. 4. The Council received and opened bids regarding City of Denton General Obligation Bonds, Series 1995. David Medanich, First Southwest Company, opened the bids from the following companies and read the effective interest rates: A. G. Edwards and Sons, Inc. - 5.8595 Merrill Lynch - 5.8865 Service Asset Management Co. - 5.96294 Smith Barney - 5.9851 Nations Bank - 5.9397 It appeared that the bid from A. G. Edwards was the best bid. He would check the figures before the Council adopted the ordinance. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending Condition No. 3 of Ordinance 84-50 (adopting Planned Development 72) to allow the public maintenance of flood plain open space. The 9.15 acre tract was located east of and adjacent to Bell Avenue. The entire planned development of 127.484 acres was located roughly near the confluence of Windsor, Locust, Hercules and Bell Avenues. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a basically a housekeeping issue. The change affected the flood plain open space. The City already owned the area and maintained the area. The original ordinance indicated that the area had to be privately maintained. That was no longer applicable as the City owned the property. The Mayor opened the public hearing. No one spoke in favor. No one sDoke in opposition. The Mayor closed the public hearing. City of Denton City Council Minutes February 21, 1995 Page 5 389 The following ordinance was considered: NO. 95-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CONDITION NUMBER 3 OF PLANNED DEVELOPMENT NO. 72 (PD-72) AS DEFINED IN ORDINANCE 84-50, TO ASSUME RESPONSIBILITY OF THE FLOODWAY/OPEN SPACE AREA THEREIN LOCATED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. Council Member Cott asked if it was possible to use property in other areas of the city in a similar manner. Robbins stated that there were areas where drainage was the issue which was a different issue than what was being considered with this ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of city of Denton Certificates of Obligation, Series, 1995 and approving and authorizing instruments and procedures relating thereto. Rick Svehla, Deputy City Manager, stated that these were certificates of obligation as opposed to revenue bonds. Even if these were revenue bonds, the Council had a legal opinion from bond counsel indicating that State law would supersede those issues regarding an election. Kathy DuBose, Executive Director for Finance, stated that this ordinance would authorize the sale, issuance and delivery of certificates of obligation, Series 1995. Those certificates of obligation were in the amount of $2 million to be used for the development of a new landfill. The following ordinance was considered: NO. 95-032 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1995, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. 3 9 0City of Denton City Council Minutes February 21, 1995 Page 6 Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1995 and approving and authorizing instruments and procedures relating thereto. Kathy DuBose, Executive Director for Finance, indicated that the bonds were to be used for capital improvements for 1995 including street, park and drainage improvements. The following ordinance was considered: NO. 95-033 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1995, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. 5. 6. Bid #1695 - Sale of Land (Well Site No. 8) Bid #1725 - Water Treatment Chemicals Bid #1720 - Fleet Vehicles Bid ~1714 - Fork Lift Bid #1710 - Reroofing of Multiple Facilities Bid ~1716 - Heavy Equipment Mechanic 9. Consent Agenda Ordinances Council considered Consent Agenda Ordinances 9A-9C. Smith motioned, Perry seconded to adopt those ordinances. On roll vote, Br~k "~y~"~ ~ "~y~"~ ~ill~r "ay¢"~ Smith "aye"~ Perry "aye"~ and Mayor Castleberry "aye". Motion carried unanimously. City of Denton City Council Minutes February 21, 1995 Page 7 391 A. 95-034 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. (8.A.2. - Bid #1725, 8.A.3. - Bid #1720, 8.A.4. - Bid #1714) B. NO. 95-035 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. (8.A.5. - Bid #1710, 8.A.6. - Bid #1716) C. NO. 95-036 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE SALE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. (8.A.1. - Bid #1695) 10. Ordinances A. The Council considered adoption of an ordinance amending portions of Chapter 34, Article III, Division 3 relating to required improvements and general design standards for land development; and providing for the allowance of a thirty foot maximum drive for single or two family use for residences which have a three car garage. (The Traffic Safety Commission and the Planning and Zoning Commission recommended approval.) Jerry Clark, Director of Engineering and Transportation, stated that this ordinance would provide a specific amendment to assist individuals in the construction of their driveways. The limit of 20' was not necessary and currently individuals were required to go through a variance procedure for a longer driveway. The following ordinance was considered: NO. 95-037 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 34, ARTICLE III., DIVISION 3 RELATING TO REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS FOR LAND DEVELOPMENT; PROVIDING FOR THE ALLOWANCE OF A THIRTY (30) FOOT MAXIMUM DRIVE FOR SINGLE OR TWO FAMILY USE FOR RESIDENCES WHICH HAVE A THREE CAR GARAGE; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING 39 City of Denton City Council Minutes February 21, 1995 Page 8 FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance prohibiting the parking of vehicles on portions of Shady Oak Road. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director of Engineering and Transportation, stated that this request located at the intersection of Shady Oaks and Woodrow Lane. The road carried a lot of traffic and a traffic signal warrant had been met. The signal would be installed during the summer. The no parking area would allow for a right and left turn lane. The following ordinance was considered: NO. 95-038 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PORTIONS OF SHADY OAK ROAD; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance amending Section 18-109 of Chapter 18 of the Code of Ordinances by adding subsection 22 to Section 18-109 (a) which would provide two handicapped parking spaces on Mulberry. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director of Engineering and Transportation, stated that the First United Methodist Church had requested the spaces as which were located at the handicapped access to the Church. The following o~dinance wa= con=ide~ed: NO. 95-039 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 18-109 OF CHAPTER 18 OF THE CODE OF ORDINANCES BY ADDING SUBSECTION 22 TO SECTION 18-109 (a) WHICH WILL PROVIDE TWO HANDICAPPED PARKING SPACES ON MULBERRY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS;($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT City of Denton City Council Minutes February 21, 1995 Page 9 393 HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance creating two fifteen minute parking spaces in the 200 block of West Hickory. (The Traffic Safety Commission recommended approval.) Jerry Clark, Director for Engineering and Transportation, stated that this was a request from Main Street and Rama's Courtyard. The new location for the restaurant needed the fifteen minute parking spaces for their carry-out lunch business. Council Member Smith asked if the spaces would be fifteen minutes for the entire day or only during working hours. Clark replied that the fifteen minute time limit would be from 8:00 a.m. - 5:00 p.m. Monday through Friday. The following ordinance was considered: NO. 95-040 AN ORDINANCE CREATING TWO FIFTEEN MINUTE PARKING SPACES IN THE 200 BLOCK OF WEST HICKORY; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Fred Moore Child Care Center, Inc. to provide for Community Development funding of construction improvements. Frank Robbins, Executive Director for Planning and Development, stated that the contract was for $200,000 of Community Development Block Grant funds for major improvements at the Center. One stipulation of the contract was that the property had to be used as it was today for at least 10 years. Council Member Cott stated that ten years from now HUD and CDBG funds would not be available. 394 City of Denton City Council Minutes February 21, 1995 Page 10 Robbins replied that this would be a use of existing dollars and not future dollars. The following ordinance was considered: NO. 95-041 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER, INC. TO PROVIDE FOR COMMUNITY DEVELOPMENT FUNDING OF CONSTRUCTION IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, NOT TO EXCEED $200,000; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor C~stleberry "aye". Motion carried unanimously. 11. Resolutions A. The Council considered approval of a resolution authorizing the submission of an application to the Office of Community Oriented Policing Services of the United States Department of Justice requesting funding for the accelerated hiring, education, and deployment of three new police officers for community policing. Mike Jez, Chief of Police, stated that this resolution would authorize the City Manager to submit a grant request for $359,938 for the hiring of three additional officers for the community policing project. The following resolution was considered: NO. R95-018 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE UNITED STATES DEPARTMENT OF JUSTICE REQUESTING FUNDING FOR THE ACCELERATED HIRING, EDUCATION, AND DEPLOYMENT OF THREE (3) NEW POLICE OFFICERS FOR COMMUNITY POLICING; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council ~on~idered .approval of a resolution authorizing support for appointment of a representative from North Central Texas to the Texas Transportation Commission. City of Denton City Council Minutes February 21, 1995 Page 11 Rick Svehla, Deputy City Manager, stated that Council Member Miller had received this resolution from the Regional Transportation Committee in an effort by the Council of Governments to urge the Governor to appoint a representative from the North Texas area to the Highway Commission. Currently the three member Commission had members from other regions of the State and North Texas was not represented. It was felt that it was very important to have a representative from this area. The following resolution was considered: NO. R95-019 A RESOLUTION AUTHORIZING REPRESENTATIVE FROM NORTH TRANSPORTATION COMMISSION; DATE. SUPPORT FOR APPOINTMENT OF A CENTRAL TEXAS TO THE TEXAS AND PROVIDING FOR AN EFFECTIVE Miller motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered nominations/appointments to the Juvenile Crime Interagency Coalition. Harlan Jefferson, Director of Treasury Operations, stated that on February 7th, Council started the process of selecting members to this Coalition. There were seven outstanding members to still be selected. The two at-large positions were appointments by the Council. Council Member Miller nominated Charlie Cole for an at-large position. On roll vote for Charlie Cole for an at-large position, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Pro Tem Brock motioned to approve the two additional names on the list. On roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 13. The Council considered a nomination to the Keep Denton Beautiful Board and the Traffic Safety Commission. Council Member Chew was not present at the meeting to make a nomination to the Keep Denton Beautiful Board. Council Member Miller indicated that he was not ready to present a nomination at this time. 395 396 City of Denton City Council MinUtes February 21, 1995 Page 12 14. Miscellaneous matters from the City Manager. Rick Svehla, Deputy City Manager, indicated that he did not have any items for the Council. 15. There was no official action taken on items discussed during the Work Session Closed Meeting. 16. New Business The following items of New Business were suggested by Council Members for future meetings: A. Council Member Smith indicated that the Council's Adopt- A-Spot needed cleaning and asked for a date when the Council could gather to clean the area. Consensus of Council was that Monday, February 27th would be a good date. B. Council Member Perry praised those attending the bond rating trip for the good job they did for the City. 17. The Council did not meet in a Closed Meeting during the Regular Session. With no further business, the meeting was adjourned at 7:55 p.m. C~IFE~ WALTERS, CITY SECRETARY O~DENTON, TEXAS ACC00254