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Minutes February 6, 1996181 CITY OF DENTON CITY COUNCIL MINUTES February 6, 1996 The Council convened into a Closed Meeting on Tuesday, February 6, 1996 at 5:15 p.m. in the civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council convened into a Closed Meeting to discuss the following: ae Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 considered waiver of conflict for the lawfirm of Canterbury, Stuber, Pratt, Elder & Gooch to represent Sunmount in the lawsuit of SunmoUnt v. FAA. Considered and discussed defense of and the settlement of RPS Ventures, Inc., et al v. City of Denton and Weber and Barnes v. city of Denton pending in the 362nd District Court under Section 551.071 of the Open Meetings Act. Considered settlement proposal in Iwuchukwuv. City and Clark. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, February 6, 1996 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council received a report, held a discussion, and provided direction regarding the Economic Development Transition committee recommendations. Rick Svehla, Acting City Manager, stated that at the last Council meeting, staff had been asked to provide additional back-up information which was included in the agenda materials. There were members of the Transition Committee present to answer any further Council questions. 182 city of Denton City Council Minutes February 6, 1996 Page 2 Council Member Miller stated that the Committee was recommending the creation of a 4A corporation and establish an election date for August 10th for a voter's decision. The corporation would be established in the interim and the corporation would be the main marketing for the proposition. Harry Hall, Chair-Economic Development Transition Committee, replied correct. Council Member Miller stated that currently the economic development program was a partnership with the Chamber of Commerce. He asked if the corporation, established with five members appointed by the Council, would be acting with current funds. Hall stated that there was probably a transition period and some of those questions had not yet been answered. It was felt by the Committee that by appointing the corporation there would be a smoother transition between the City and Chamber of Commerce. The contract between the City and the Chamber for funding continued until September. Council Member Miller felt it was necessary to be certain that a new board was not developed which would oversee what was already being done. He had called the economic development individuals in Allen, McKinney, Frisco, and Terrell which had 4A corporations. They all indicated that the corporations were functioning well and if the thrust of increasing the tax base was for the creation of jobs, it would be supported. He wanted to be sure that the recommendation of the Transition Committee was that the city not be in the business of buying property unless nothing else would work. The corporation would work with the people who owned and developed the land for the purpose of creating industrial parks, etc. Hall replied correct that it was not the intention of the corporation to be in competition with private enterprise. Biles motioned, Young seconded to direct the City Attorney and the City Secretary to prepare an ordinance establishing August 10, 1996 as an election date for the consideration for the adoption of a 4A economic development sales tax. Mayor Castleberry stated that he wanted the citizens to know exactly what was being done as well as the media. He asked for another explanation of why a 4A corporation was chosen over a 4B corporation. Hall stated that a 4A corporation was very specific driven to economic development in the community whereas 4B was more site 183 City of Denton City Council Minutes February 6, 1996 Page 3 specific such as a sports complex. The Primary thrust for Denton should be increasing the tax base and to create jobs. Council Member Brock asked if the Transition Committee had considered a lesser amount than the ½ cent sales tax. This would be the maximum for the City on sales tax. Hall stated that the Committee looked at lesser amounts and at combinations of 4A and 4B. It was felt that it would take this amount of money to put Denton in direct competition with other area cities. Council Member Krueger stated that if the half cent sales tax passed and if an economic tax base was successfully developed, the half cent sales tax could later be repealed. Hall stated that under the 4A corporation there were provisions for a repeal but were none under a 4B corporation. Mayor Pro Tem Biles stated for clarification that his motion was for a half cent sales tax. On roll vote to direct the City Attorney and City Secretary to prepare an ordinance and take steps to establish August 10, 1996 as an election date for consideration for the adoption of a one-half cent 4A economic development sales tax, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Young motioned, Cott seconded to form an economic development corporation composed of five members to be appointed by the City Council. Council Member Miller asked if the Transition Committee was recommending that the 4A corporation be formed at this point in time. Hall replied correct. Council Member Brock asked if the Committee had discussed the creation of a brand image. Hall stated that that would be one item addressed as an economic development corporation. There was a strong feeling on the Committee that in order to move forward, many of the decisions which needed to be made on economic development should be made by the actual corporation as opposed to the Transition Committee. 184 City of Denton City Council Minutes February 6, 1996 Page 4 Council Member Brock asked if the Committee had a perception of team effort and who were the involved parties. Hall stated that the parties involved would be the City, the Economic Development Corporation and the Chamber of Commerce. Mayor Pro Tem Biles stated that a number of the members of the Economic Development Transition Committee had expressed a concern with the title of the committee. He proposed a friendly amendment to the motion that the corporation be named the Denton Economic Development Corporation and that the Committee begin using that title. Council Members Young and Cott agreed to the change in their motion and second. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council convened into a Regular Meeting on Tuesday, February 6, 1996 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the following proclamations: American Heart Month Kindness Week The Council considered Agenda Item #3. 3. The Council considered approval of a Resolution of Appreciation for Gene R. Green. The following resolution was considered: NO. RA96-001 RESOLUTION OF APPRECIATION FOR GENE R. GREEN City of Denton City Council Minutes February 6, 1996 Page 5 185 Miller motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following yard of the Month Awards: Total Petroleum Vince and Becky King Craig and Jo Lorraine Thomas Angel Feathers 2. The Council considered approval of the minutes of September 19, 1995, September 26, 1995 and October 3, 1995. Biles motioned, Brock seconded to approve the minutes as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding meeting times for the City's Boards and Commissions. Mr. Hudspeth stated that he started this discussion in December and originally wanted to ask Council to look at the times that the boards/commissions met so that more individuals could participate in the meetings. He also had another issue he wanted to address to the Council. But he had been told that he did not have that right. At the last meeting, three Council Members indicated that he should not feel disenfranchised and that Council was following the rules. He was embarrassed and made to feel like his information was incorrect. He since visited with the City Attorney for clarification on what the City Attorney read during the last meeting. There were two issues relative to this discussion. The Agenda Committee selectively decided that he would not be able to speak in the manner he interpreted. Section 6.4 stated that any person who wished to place a subject on the Council agenda at regular City Council meetings, shall advise the City Manager's Office of that fact no later than 5:00 p.m. Wednesday prior to the council meeting. Any person who wished to address the city Council at a public hearing shall complete a Request to Speak form and return it to the City 9e~retary before the apDroD~iate hearing. The Mayor would call upon the citizen to speak for no longer than five minutes. The procedures did not indicate that an Agenda Committee would rule whether he could or could not speak. His 186 city of Denton City Council Minutes February 6, 1996 Page 6 point was that he would follow the rules but would not be kept from having his say. That was his right as a citizen. Mayor Castleberry stated that the Agenda Committee did not prevent him from speaking. Mr. Hudspeth had been on the agenda several times and was not present to speak. Mr. Hudspeth had never been prevented to speak by the Agenda Committee. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance providing for a change from the single family residential (SF-7) zoning district classification and use designation to the office conditioned, O(c) zoning district classification and use designation for 0.155 acres of land located at 1413 East McKinney Street. (The Planning and zoning Commission recommended approval, 5-0.) Frank Robbins, Director for Planning and Development, stated that this was a narrow office conditioned district which only allowed office/ administrative/ professional uses. Other conditions associated with the proposal included a size limit, a two-story height limit and if the current home were used, certain landscaping conditions came into play. There was no written opposition to the proposal. The Mayor opened the public hearing. Joni Eddy stated that she was the property owner and planned to use the current residence. She was agreeable to the conditions as proposed. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-022 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.155 ACRES OF LAND LOCATED AT 1413 EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 187 City of Denton city Counci~ ~inutes. ~ February 6, 1996 Page 7 Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance providing for a change from office (O) and Planned Development (PD-57) zoning district classifications and use designations to a new Planned Development (PD) zoning district classification and use designation for a 1.059 acre tract located in the northeast corner of the intersection of Carroll Boulevard and Fort Worth Drive; approving a development plan for the district. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Director of Planning and Development, stated that several policies of the Denton Development Plan were applicable to this planned development. One was that there was a site plan requirement/standard which had been met. The landscaping far exceeded what was required. There was no opposition to this application. The Mayor opened the public hearing. Tom Galbreath stated that he represented the developers of the property. This proposal would be an eight bay car wash facility. Originally the proposal was for a much more intense use with a gas station and convenience store but it was scaled down to the car wash facility. He reviewed the site plan for Council consideration. Council Member Brock asked if there would be a new curb cut on Carroll Blvd. Many years ago an office building to the north was zoned and that development was required to have a shared drive due to a concern about the number of curb cuts on Carroll. She was interested in keeping Carroll Blvd. without many curb cuts. Was it possible to come across Carroll from the southbound lane into the proposed facility. Galbreath replied no that there was a raised median at that location. council Member Brock stated that individuals would have to enter from Myrtle Street and would have to go north if they existed on Carroll. Galbreath stated that they could enter from Carroll also. He understood the concern about curb cuts on Carroll but given the 188 city of Denton City Council Minutes February 6, 1996 Page 8 layout of the property, a drive was needed to make the property work. Rick Svehla, Acting City Manager, stated that the proposal had been before the Traffic Safety Commission which allowed two driveways. Through the work of Mr. Galbreath and staff, it was possible to reduce the number of driveways to one. Council Member Young asked if the developer had talked with the neighbors in the area. Galbreath stated that the neighbors had been contacted and he felt that the immediate neighbors were indifferent to the proposal. Council Member Krueger left the meeting. Council Member Cott asked about the drainage. Galbreath stated that there would be storm drain inlets for the drainage. Mayor Castleberry indicated that there were signal lights in the intersection and the curb cut should not be a problem in that area. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-023 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE (O) AND PLANNED DEVELOPMENT (PD-57) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO A NEW PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 1.059 ACRE TRACT LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF CARROLL BOULEVARD AND FORT WORTH DRIVE; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance providing for a change from the Single Family Residential (SF-10) zoning district classification and use designation to the office Conditioned (O[c]) zoning district 189 City of Denton City CounciI Minute February 6, 1996 Page 9 classification and use designation for 0.7656 acres of land located at 1100 Bonnie Brae Street. (The Planning and Zoning Commission recommended approval 5-0.) Frank Robbins, Director for Planning and Development, stated that this would allow for the adaptive reuse of a building. There would be no expansion of the building or any expansion of the parking facilities. The church would be converted into a medical office. One issue dealt with the potential of the site to increase drainage problems in the area. This proposal would not cause such a problem as there would be no additional impervious, surface. The Mayor opened the public hearing. George Rawley stated that he lived northeast of the church property. There was a misstatement that the proposal would not cause a drainage problem as he already had a drainage problem with the property. There was no public hearing when the church was built. The drainage had flowed to his property every since the church was built. The solution to was to require the drainage vent on the east side of the property be closed. Vent the drainage on the north and put a drainage ditch along the back of the property running towards Bonnie Brae and not towards his home. His second concern dealt with the list of allowed uses. The Planning and Zoning Commission deleted a number of uses on the prohibited use list. If the drainage could be corrected, he would not object to the proposal. Council Member Cott stated that the current building was causing drainage problems. Rawley stated that he had tried many tim~s to get the situation corrected. Council Member Cott stated that staff had indicated that there would be no allowed uses other than what was on the list. This would prohibit the owner from selling the property. Robbins stated that there were other uses allowed other than office in this district. Council Member Miller stated that the proposal was for a different use of the building and the change did not have anything to do with the drainage. Neither the size of the building nor the parking lot could be increased. Robbins replied correct. 190 City of Denton City Council Minutes February 6, 1996 Page 10 Mayor Pro Tem Biles stated that he had talked with some of the neighbors about the drainage problem. As indicated, the only thing which was changed was the zoning for the uses of the property and was not increasing the size of the parking lot and no increase in the size of the building. The drainage problem would not be made worse with this proposal. As the property on Bonnie Brae was developed, it would be the time to correct the problem. Rawley asked about the change in the list of prohibited uses. Robbins stated that the uses were added in addition to the uses requested by the applicant. Council Member Young questioned whether there was money in the CIP reserve fund to help with the problem in the area. city Attorney Prouty stated that in the Planning and Zoning Commission, there was a list of prohibited uses which was all encompassing except for this one use. Then one Commission Member decided that some of the uses which were prohibited should be added back in as they were not inconsistent with the surrounding uses. John Kozura stated that he had met all of the requirements placed on him. He would answer questions of Council. Council Member Brock asked if Kozura had requested to remove certain uses from the list of prohibited uses. Kozura stated that originally he had wanted to put a medical facility in the existing building without changing the outside of the building or the parking lot. One of the members of the Planning and Zoning Commission brought up the point of other permitted uses in the event Kozura wanted to sell the building in the future. At that point, more permitted uses were added. Council Member Miller asked if Kozura would object to removing "experimental lab" from the list of permitted uses. Kozura replied that he would not o~ject to removing it from the list. The Mayor closed the public hearing. The following ordinance was considered: 191. City of Denton City Council Minutes February 6, 1996 Page 11 NO. 96-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.7656 ACRES OF LAND LOCATED AT 1100 BONNIE BRAE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the zoning as presented by the Planning and Zoning Commission. Brock motioned, Miller seconded to amend the motion to add scientific and research laboratories to the list of prohibited uses. Mayor Pro Tem Biles expressed a concern regarding the proposed amendment. A physician by practice, would be engaging in some type of testing. There seemed to be a concern about the definition of scientific laboratories. Council Member Miller stated that a scientific laboratory was not the same as a physician who had incidental testing in his office. Robbins replied that was correct. On roll vote of the amendment, Miller "aye", Young "nay", Cott "aye", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a tie vote. On roll vote of the original motion to approve the zoning request as recommended by the Planning and Zoning Commission, Miller "aye", Young "aye", Cott "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. D. The Council held a public hearing and considered adoption of an ordinance amending Section 34-114 of the Code of Ordinances of the City of Denton, Texas to reduce the level of escrow required of developers of residential subdivisions for sidewalk construction. (The Planning and Zoning Commission recommended approval 4-1.) Rick Svehla, Acting City Manager, stated that the Planning and Zoning Commission had recommended approval of this proposal. The current regulations required an escrow of 110% of the cost of 192 City of Denton City Council Minutes February 6, 1996 Page 12 sidewalk construction. The change would reduce the amount to 15%. Council Member Cott left the meeting. Mayor Castleberry opened the public hearing. Ed Bright stated that the current ordinance was a burden to independent developers. The cost of installing the sidewalks was very expensive in addition to the large amount of escrow money which was required. It was a losing proposition for him to have to escrow the funds for the sidewalks. Mayor Pro Tem Biles left the meeting. Bright continued that he and other developers had called area cities regarding the construction of sidewalks. Many cities passed the responsibility for sidewalks on to the home buyer. Council Member Cott returned to the meeting. Bright suggested approving the ordinance Another alternative would be to postpone sidewalks until the driveway was built. Mayor Pro Tem Biles returned to the meeting. under consideration. construction of the Brian Burke stated that this was an opportunity for a positive step for developers. A number of years ago there was no option for sidewalk escrows. This proposal would be an additional step in the right direction and he urged Council to approve the ordinance. Fred Gossett stated that as a builder and developer, he favored providing sidewalks and was in no way suggesting the elimination of sidewalks. He was concerned about the present way the developers had to finance the building of the sidewalks. He encouraged Council to adopt the ordinance. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34- 114 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO REDUCE THE LEVEL OF ESCROW REQUIRED OF DEVELOPERS OF RESIDENTIAL SUBDIVISIONS FOR SIDEWALK CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. 193 city of Denton City Council Minutes February 6, 1996 Page 13 Biles motioned, Young seconded to adopt the ordinance. Council Member Miller asked if existing escrow accounts would be released. City Attorney Prouty stated that usually ordinances did not apply retroactively. Biles changed his motion to direct that the ordinance incorporate provisions so that present escrow accounts would be modified to arrive at the new level of 15%. Young agreed to the change. On roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimous ly. 6. Consent Agenda Council Member Young left the meeting. Mayor Castleberry asked that Bid #1851 be pulled for separate consideration. On roll vote consideration of the Consent Agenda with the exception of Bid #1851, Miller "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Miller motioned, Brock seconded to approve Bid #1851. On roll vote, Miller "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "nay". Motion carried with a 4-1 vote. Bids and Purchase Orders: !~ 1. Bid #1843 - Aerial Device Bucket Trucks & Utility Power Source Truck 2. Bid #1850 - Books for Public Libraries 3. Bid #1851 - Plumbing Repair at Central Fire Station 4. Bid #1846 - Renovations and Repairs to Fred Moore Nursery School - Phase II 5. P.O. #62929 - Howard Price Turf Equipment 6. Check Requisition - Texas Natural Resource Conservation Commission 7. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7A. - 7D. Miller motioned, Biles seconded to adopt the ordinances. On roll vote, 194 City of Denton City Council Minutes February 6, 1996 Page 14 Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 96-026 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1843, 7.A.2. - Bid #1850, 7.A.3. - Bid #1851) B. NO. 96-027 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. (7.A.4. - Bid #1846, 7.A.5. - Bid #1857) C. NO. 96-028 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORANEFFECTIVE DATE. (7.A.6. - P.O. #62929) D. NO. 96-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FOURTH QUARTER PAYMENT BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (7.A.7. - Texas Natural Resource Conservation Commission) 8. Ordinances A. The Council considered adoption of an ordinance annexing a tract comprising 11.34 acres, located east of Mayhill Road and north of Blagg Road, temporarily classifying the annexed property as "A" Agricultural District. (First Reading, A-69) (The Planning and Zoning Commission recommended approval 6-0.) Harry Persuad, Senior Planner, stated that this annexation process was started late last year and was following the procedures as recommended by State law. Adoption of the ordinance would require six of seven Council votes. If adopted, the ordinance would be considered again on March 19th for the second and final reading. 1'9 $ city of Denton city Counci!Minutes February 6, 1996 Page 15 This proposed annexation was for 11.34 acres on Mayhill Road. There had been two public hearings on this annexation with no one speaking in opposition. Staff had developed a service plan for the extension of municipal services which was consistent with city ordinances and State law. The area would be temporarily zoned agricultural. Council Member Cott asked what zoning control the City had in the extraterritorial jurisdiction without annexation. Persuad replied that the City did not have any zoning control outside the city limits. Council Member Cott asked why there was an extraterritorial jurisdiction. Persuad replied that the City had subdivision control in the extraterritorial jurisdiction. Council Member Cott asked if someone had spoken to Sally Beauty regarding the annexation. Persuad replied that staff had communication with the owner of the property. He had been informed of the details of the public hearing. Council Member Cott stated that 100% of the business on the property was Sally Beauty. He asked if there was any way to achieve zoning control on the type of road, size of road, etc. without annexation. Persuad stated that in the platting process there was consideration of roads and an agreement reached with'~the property owner with regards to the improvements to Mayhill Road. The City did not have zoning control outside the City limits. Council Member Krueger returned to the meeting. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 11.34 ACRES, LOCATED EAST OF MAYHILL ROAD AND NORTH OF BLA~ ROAD; TEMPORARILY CLAESIF¥ING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. 196 City of Denton City Council Minutes February 6, 1996 Page 16 Biles motioned, Brock seconded to adopt the ordinance. Council Member Krueger indicated that as he had not been present for the conversation he should abstain from voting. City Attorney Prouty asked if he had a conflict of interest. Council Member Krueger replied no that he was not present during the disucssion of the item. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered adoption of an ordinance annexing a tract comprising 21.62 acres located in the Estates of Forrestridge Section II; temporarily classifying the annexed property as "A," Agricultural District. (First Reading, A-70) (The Planning and Zoning Commission recommended approval 6-0.) Harry Persuad, Senior Planner, stated that this was another annexation process under the schedule previously adopted. Lodge Construction Company had requested the annexation of the property. This was the first reading of the annexation ordinance. The final plat would be considered by the Planning and Zoning Commission on February 14th. The property would have temporary agricultural zoning until permanent zoning was designated. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 21.62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE SECTION II; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance annexing a tract comprising 34.78 acres located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport; temporarily classifying the annexed property as "A," 197 City of Denton City Council Minutes February 6, 1996 Page 17 Agricultural. (First Reading, A-71) Commission recommended approval 6-0.) (The Planning and Zoning Harry Persuad, Senior Planner, stated that this tract was owned by the City of Denton and was located within the clear zone of the Municipal Airport. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, .TEXAS ANNEXING A TRACT COMPRISING 34.78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance prescribing the number of positions in each classification of Police Officer; prescribing the number of positions in each classification of Fire Fighter; repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict. Tom Klinck, Director of Human Resources, stated that this ordinance would comply with Chapter 143 of the Local Government Code which governed the police officers and fire fighters employment matters. The Council had already authorized the funding for these positions in these various departments with the adoption of 1995-96 budget. The ordinance specified the number of positions in each classification. The following ordinance was considered: NO. 96-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; AND DECLARING AN EFFECTIVE DATE. 198 city of Denton City Council Minutes February 6, 1996 Page 18 Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Captain who were also assigned to perform the duties of EMS Program Manager. Ross Chadwick, Fire Chief, stated there were two ordinances which would modify the assignment pay for two positions in the Fire Department. The following ordinance was considered: NO. 96-031 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF CAPTAIN WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Driver who are also assigned to perform the duties of Maintenance/Logistics officer. Chief Chadwick stated that this was the same type of ordinance as the prior ordinance Council had considered. The following ordinance was considered: NO. 96-032 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCE/LOGISTICS OFFICER; AND PROVIDING AN EFFECTIVE DATE. 199 City of Denton City Council Minutes February 6, 1996 Page 19 Krueger motioned, Biles seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance repealing ordinance 76-18 relating to two hour parking limit in parking facilities adjacent to Municipal Building. Acting City Manager Svehla stated that this was for the lot outside City Hall. With the change in the use of the building the parking would be available for the employees. . The following ordinance was considered: NO. 96-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE REMOVAL OF THE TWO HOUR TIME LIMIT ON PARKING FOR THE EAST PARKING LOT AT CITY HALL WHICH IS ADJACENT TO OAKLAND STREET; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that he had overlooked a motion and second for the Consent Agenda. He requested a motion for the Consent Agenda with the exception of Bid #1851. Cott motioned, Biles seconded to approve the Consent Agenda with the exception of Bid #1851. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Resolutions A. The Council considered approval of a resolution removing Lloyd V. Harrell from the Board of Directors of the Industrial Development Authority and reappointing Rick Svehla, Acting City Manager and Kathy DuBose, Executive Director of Finance for terms of six years. Acting City Manager Svehla stated that the Board was comprised of three staff members. He would be appointed on an interim basis until the new City Manager was hired. 200 , City of Denton City Council Minutes February 6, 1996 Page 20 The following resolution was considered: NO. R96-006 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution appointing a special six (6) member oversight committee to monitor, evaluate, and report on the progress of the five year capital Improvements Program, subject to the authorization of the voters at the bond election on February 24, 1996. The following resolution was considered: NO. R96-007 A RESOLUTION APPOINTING A SPECIAL SIX (6) MEMBER OVERSIGHT COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY 24, 1996; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to approve the resolution. Council Member Cott stated that this group would be a group of six people who represented only the voters. They did not represent the staff or the user of the funds. It was easy to make decisions four years after because they were not in a conflict of interest. If it wasn't the people who were on the current committee, he would vote against the six representatives only because he felt the people had to represent only the voters of those bonds. Council Member Miller stated that he was the chair of the furmer committee and was against what Council Member Cott said. All during that time the City was able to spend the money in different ways, to save money and to get State funding for projects. The only way to do that was to work with staff. The Committee made recommendations to the Council based on a sense of allegiance to the voters and to the bond holders. The Committee always maintained that the bonds were being spent for what the voters 201 City of Denton City Council Minutes February 6, 1996 Page 21 approved. Without staff, the Committee would have been inefficient. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered approval of the appointment of Deputy City Secretaries. Acting City Manager Svehla stated that these appointments would streamline the applications for taxi cabs permits. Brock motioned, Krueger seconded to approve the appointments. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Vision Update Council Member Brock stated that at the last meeting, there was a decision to meet at regular intervals for updates on the Action Teams. She was pleased to note how many of the recommendations of Action Teams were already being implemented or were included in the CIP program. 12. Miscellaneous matters from the City Manager. Acting City Manager Svehla did not have any items for Council. 13. There was no official action taken ~0n Closed Meeting Items discussed during the Closed Session 14. New Business The following items of New Business were suggested by Council Members for future agendas. A. Council Member Cott asked about the issue of the driveway of Ken Ballard and also cars parking on driveways. B. Council Member Young requested an ordinance regarding the day laborers which would indicate that there be no parking or standing 1000 feet from the corner of Eagle Drive and Locust Street south. 2O2 City of Denton City Council Minutes February 6, 1996 Page 22 C. Council Member Young had provided Council with a memorandum regarding a meeting with Barton Smith. He requested that it be placed on a Closed Meeting Session. City Attorney Prouty indicated that it could not be placed on a Closed Meeting Session but could be done in a work session. D. Council Member Miller asked about the process of making appointments to the Diversity Task Force. E. Council Member Miller asked for a review of the summer youth job program for the City of Denton. F. Council Member Krueger asked for a work session item regarding staff recommendations regarding the turn lanes on Teasley Lane at the Shell Station. G. Council Member Brock asked that the Council's Rules of Procedures be looked at to sharpen the language regarding limiting Citizen Reports for five minutes. 15. The Council did not meet in a continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:20 p.m. NNI~ER WALTERS TY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS/ / ACC002E9