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Minutes October 15, 1996160 AGENDA CITY OF DENTON CITY cOUNCIL October 15, 1996 The council convened into a Closed Meeting on Tuesday, October 15, 1996 at 5:45 p.m. in the civil Defense Room of city Hall. PRESENT: Mayor Pro Tem Brock; council Members Beasley, Biles, cott, Krueger, and Young. ABSENT: 1. Mayor Miller The council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. considered a settlement offer in ~TE southwest v.. c~it¥ of Denton, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 1. Considered adoption of an ordinance approving an agreement between the city of Denton and Wal-mart to provide for the payment of cost of condemnation of a stormwater drainage easement- 2. Considered adoption of an ordinance authorizing payment of the $79,461.98 judgment in ~ Denton v. John Karvouniaris' C. Personnel/Board Appointments -- under TEX. GOV'T CODE Sec. 551.074 The council convened into a Regular Meeting on Tuesday, October 15, 1996 at 7:00 p.m. in the council chambers. PRESENT: Mayor Pro Tem Brock; council Members Beasley, Biles, cott, Krueger, and Young. ABSENT: Mayor Miller 1. Pledge of Allegiance The council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flagS. 2. The council considered approval of the minutes of August 9 and 13, 1996. Mayor Pro Tem Brock asked that the date of the minutes of August 9th be corrected in the header. Bile~ motioned, Young seconded to approve the minutes as corrected. On roll vote, Beasley ~aye", Brock "aye", cott "aye", Krueger "aye", Young "aye", and Biles ,,aye". Motion carried unanimously- Mayor Pro Tem Brock presented the following proclamations: Make A Difference Day in Denton National Pharmacy week National Arts and Humanity Month City of Denton city Council Minutes October 15, 1996 Page 2 161 3. Citizen Reports A. The Council received a citizen report from Fran Miller regarding "Make A Difference Day". Ms. Miller stated that last year was the first effort for the city to participate in "Make a Difference Day" and 4,842 residents worked on projects and really made a difference. This year "Make A Difference Day" was October 26th which was the same day as the UNT Homecoming game. There would be many activities associated with the UNT game including stickers for those who participated in a project to allow them into the game free of charge. There would also be many independent activities taking place such as food drives, garage sales, visiting the elderly, doing yard work for elderly, landscaping projects, a blood drive, etc. She suggested Council do a project as a unit. She suggested a partnership to landscape a flower bed in front of the Big Brothers/Big Sisters building. B. The Council received a citizen report from Todd Palermo regarding City owned parking meters adjacent to UNT at Avenue A and Hickory. Mr. Palermo was not present at the meeting. Jret Act. C. The Council received a citizen report from Ross Melton, regarding litigation against the City and the Open Records Mr. Melton indicated that he had been having problems with the Code Enforcement Office and had filed suits against the City regarding those issues. The City had refused to answer his questions regarding the suits and the City Attorney was stalling on his Open Records Act requests in order to obtain a delay in responding to his questions. He felt that City did not believe in jury trials. D. The Council received a citizen report from Dessie Goodson regarding SPAN and the City of Denton. Ms. Goodson stated that the revision of the SPAN routes was a joke and only hurt residents. One route did not stop at Denton Community Hospital any longer and only stopped at Denton Regional Hospital. There were many apartments in the area and she asked why the City was not serving the hospital. She went to the Law Library and found that she was eligible for Lifeline services which was available for persons of all ages and asked why she was not told that she was eligible for the service. She still did not have an answer why three indlvidual~ had a lower utility bill than one individual had. E. The Council received a citizen report from Teresa Haynie regarding safety on Spencer Road. 162 City of Denton City Council Minutes October 15, 1996 Page 3 Ms. Haynie stated that she was concerned about Spencer Road east of Loop 288. There was a hill there with no lane markers in the area. Speed on the street was very fast, there was no guard rail and no shoulder on the road. There were no speed limit signs on the east side of Spencer. She was concerned about school buses on the road and the increased traffic due to the new Wal-mart store. She suggested marking the road to help traffic. F. The Council received a citizen report from Leroy Barber regarding lane markings on Spencer Road. Mr. Barber was not present at the meeting. G. The Council received a citizen report from C.B. & Vernie Wilson regarding safety on Spencer Road. Mr. Wilson stated that he was on Spencer Road very often and very often met cars in the middle of the road. There was no shoulder on the road and no guard rails at the ditch of the road. He had a video on the area for the Council to view. Ms. Wilson stated that she and her husband had lived in the area for many years. There had been problems going on to Mayhill Road and Spencer Road from the area. She had called the police many times regarding the vehicular problems in the area and felt that marking the lanes of traffic in the area was very necessary. She had discussed the problem with various city officials who indicated that the road was a rural road. With the addition of new stores in the area, the road was no longer a rural road. H. The Council received a citizen report from Frances Cannon regarding safety on Spencer Road. Ms. Cannon stated that she appreciated the markers which were placed on the road but they were still difficult to see during the day. The traffic was worse since the new stores were built. She asked that the City mark the lanes of traffic on the road for better safety. Council Member Young stated that he went out and looked at the area. He did not see the markers at first as they were very small. H~ asks4 if the area oould be marked, ~peed limit ~igns in,tailed and the high grass cut in the area. Rick Svehla, Deputy City Manager, stated that vehicle traffic was counted after the first request. Last January the count was 864 and now it was 1219 with an increase of 300 vehicles. Spencer was considered a rural or estate section which was different from other types of rural roads. There was no standard for marking lanes and the City was moving away from marking the lanes with paint due to the EPA requirements. The City could look at shortening the distance between the reflectors. City of Denton City Council Minutes October 15, 1996 Page 4 163 Mayor Pro Tem Brock stated that a speaker card had been received from Catherine Johnson who was in support of the previous speaker comments. 4. Public Hearings A. The Council held a public hearing on the status of the Community Development Programs. Lousia Rodriguez-Garcia, Program Analyst, stated that the purpose of this public hearing was to receive comments from the citizens on the Status of the projects. Theprojects currently being worked on were federally funded. During the 1995-96 fiscal year, the City spent approximately $2 million on different projects such as housing, public services, public facilities and improvements such as playground equipment, and the rehabilitation of three non-profit facilities. The Mayor Pro Tem opened the public hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. B. The Council held a public hearing and considered an ordinance to rezone 1.0362 acres from the Multi-Family-1 (MF-1) zoning district to the Planned Development (PD) zoning district with approval of the detailed plan for a private dormitory. This tract was located on the south side of Prairie Street, approximately 350 feet west ofAvenue E. (Z-96-034) (The Planning and Zoning Commission recommended approval, 6-0). Frank Robbins, Director of Planning and Development, stated that this was a detailed plan for a 78 unit dorm. A private party was working with the University of North Texas on the proposal. One provision of plan was that the University of North Texas would provide off-site parking for the residents. Not all of the parking would be on the private property site. The Planning and zoning Commission looked at all policies applicable to the project and felt that a disappropriate share of intensity be allocated for the zoning. The Mayor Pro Tem opened the public hearing. Tom Hanahan stated that he was the architect for the property. He provided information regarding the site plan and a color rendering of the project. The proposal to the University was a private dorm which would be privately operated. There would be two students per room and some single residences. There would only be students at the dorm and the University would be responsible to place those students. The University was working with the developer concerning parking. There was an agreement with the University so that the University could purchase the dorm in the future if the private company no longer desired to keep the property. 164 City of Denton City Council Minutes October 15, 1996 Page 5 Council Member Beasley stated that there was quite a bit of discussion regarding parking during the Planning and zoning Commission meeting. She asked about the agreement with UNT for parking. Hanahan stated that thc issue of the parking was not with their project but rather with the physical plant employees parking on a currently vacant lot. A neighbor was concerned that once the project was started, those employees would have to go to other places and a concern was that they would be in neighboring apartments. The Mayor Pro Tem closed the public hearing. The following ordinance was considered: NO. 96-227 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CF~%NGE FROM THE MULTI-FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATIONAND USE DESIGNATION FOR A 1.0362 ACRE TRACT LOCATED ON THE SOUTH SIDE OF PRAIRIE STREET, THREE HUNDRED FIFTY (350) FEET EAST OF AVENUE E; APPROVING A DETAILED PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cott seconded to approve the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance amending Section 34-41, 34-42, and 34-43 of the Code of Ordinances to provide a new procedure for development contracts eliminating the requirement of a payment bond and a performance bond; and to provide for a one year warranty on public improvements from the date of final completion and for other conditions as stated herein. (The Planning and Zoning Commission recommended approval, 7-0). Rick Svehl~., Deputy City ManageJ, stated that this was a streamlining of the current procedures. One of the now required bonds would be eliminated which would make it easier for developers. The Mayor Pro Tem opened the pubic hearing. No one spoke during the public hearing. The Mayor Pro Tem closed the public hearing. Council Member Biles stated that funds placed in escrow would not be released until after the expiration of the one year warranty. City of Denton City Council Minutes October 15, 1996 Page 6 City Attorney Prouty stated that the requirement of a payment bond and maintenance bond was not necessary and could be eliminated. There was a slight risk of liability with no payment but this should be in compliance. The following ordinance was considered: NO. 96-228 AN ORDINANCE AMENDING SECTIONS 34-41, 34-42, AND 34-43 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE A NEW PROCEDURE FOR DEVELOPMENT CONTRACTS ELIMINATING THE REQUIREMENT OF A PAYMENT BOND AND A PERFORMANCE BOND; AND TO PROVIDE FOR A ONE YEAR WARRANTY ON PUBLIC IMPROVEMENTS FROM THE DATE OF FINAL COMPLETION AND FOR OTHER CONDITIONS AS STATED HEREIN; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. 5. Consent Agenda Biles motioned, Beasley seconded to approve the Consent Agenda ordinances and all of the Consent Agenda items as indicated. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", and Biles "aye". Motion carried unanimously. ao Bids and Purchase Orders: Bid ~1953 - Fiberglass Street Light Poles RFSP #1927 - Billing and Collection of Ambulance Fees P.O. #70304 - Davis Water & Waste Industries Bo Contracts 1. Denton County - Library Services Consent Agenda ordinances A. NO. 96-229 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 A/~ EFFECTIVE DATE. (5.A.1. - Bid ~19~; 5.A.2. - RFSP #1927) B. NO. 96-230 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURChASeS OF MATERIALS OR EQUIPMENT WMICH ARE AVAILABLE FROM 165 City of Denton City Council Minutes October 15, 1996 Page 7 ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (5.A.3. - P.O. #70304) C. NO. 96-231 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. 7. Ordinances A. The Council considered adoption of an ordinance annexing a tract comprising 29.115 acres, located approximately 2,000 feet east of Geesling Road and north of Blagg Road; and temporarily classifying the annexed property as "A", Agricultural District. (The Planning and Zoning Commission recommended approval 7-0.) A- 73 Frank Robbins, Director of Planning and Development, stated this was final action on the annexation. There had already been one vote on this annexation and this was the second reading of the ordinance. The Planning and Zoning Commission had recommend approval. Six council votes were needed to approve the annexation. The following ordinance was considered: NO. 96-232 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 29.115 ACRES, LOCATED APPROXIMATELY 2,000 FEET EAST OF GEESLING ROAD AND NORTH OF BLAGG ROAD; 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. Beasley motioned, Cott seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance annexing a tract comprising 96.78 acres, located north of Mingo Road and west of Cooper Creek Road; and temporarily classifying the annexed property as "A", Agricultural District. (The Planning and Zoning Commission recommended approval 7-0.) A-72 The following ordinance was considered: City of Denton City Council Minutes October 15, 1996 Page 8 167 NO. 96-233 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 96.78 ACRES, LOCATED NORTH OF MINGO ROAD AND WEST OF COOPER CREEK ROAD; 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 EFFECTING DATE. Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; and authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. Barbara Ross, Community Development Administrator, stated that this ordinance would approve the guidelines for the Rental Rehabilitation program. A portion of the cost would renovate substandard properties. The following ordinance was considered: NO. 96-234 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FORAN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving guidelines for operation of the City of Denton Optional Reconstruction Program and eligibility criteria; and authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. Nancy Baker, Housing Rehabilitation Specialist, stated that adoption of this ordinance would approve the optional Reconstruction Program guidelines and expenditures in excess of $15,000. The guidelines conformed with the regulations of HUD for the expenditure of federal home funds. The following ordinance was considered: 168 City of Denton City Council Minutes October 15, 1996 Page 9 NO. 96-235 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON OPTIONAL RECONSTRUCTION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cott seconded to adopt the ordinance. On roll vote, Beasley "aye" Brock "aye" Cott "aye" Krueger "aye", Young "aye" and Biles "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving guidelines for operation of the City of Denton Homeowner Rehabilitation Program and eligibility criteria; and authorizing expenditures in excess of $15,000 for projects meeting program guidelines.and criteria. Nancy Baker, Housing Rehabilitation Specialist, Stated adoption of thisordinance would approve the guidelines for the Rehabilitation program and eligibility criteria. The following ordinance was considered: NO. 96-236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Biles seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. F. 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 E~iS Program Manager. Ross Chadwick, Fire Chief, stated that according to Civil Service law in order to place an individual in an assignment position an ordinance had to be adopted. This was not a new position and the salary was based on a Human Resources formula. The following ordinance was considered: NO. 96-237 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF CAPTAIN WHO ARE ALSO City of Denton City Council Minutes October 15, 1996 Page 10 169 ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance amending ordinance No. 96-170 by reducing the interest being condemned from a "fee simple interest for drainage improvements" to a "drainage easement interest". City Attorney Prouty stated that Council previously authorized an ordinance authorizing condemnation on .069 acres of land as a fee simple interest. This ordinance would reduce that interest from a fee simple interest to an easement interest. It also further authorized the Mayor or Mayor Pro Tem to execute the agreement between the City and Wal-Mart to cover the cost of condemnation. The following ordinance was considered: NO. 96-238 AN ORDINANCE AMENDING ORDINANCE NO. 96-170 BY REDUCING THE INTEREST BEING CONDEMNED FROM A "FEE SIMPLE INTEREST FOR DRAINAGE IMPROVEMENTS" TO A "DRAINAGE EASEMENT INTEREST"; MAKING THIS ORDINANCE CUMULATIVE AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution adopting an investment policy for funds of the City o~ Denton. Mayor Pro Tem Brock stated that Council had reviewed this resolution at a prior meeting. The following resolution was considered: NO. R96-061 A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE CITY OF DENTON; AND PROVIDING AN?EFFECTIVE DATE. Biles motioned, Cott seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. B. The Council considered approval of a resolution recommending that the Dent~n Main Street Program b~ ~ntered into 170 City of Denton City Council Minutes October 15, 1996 Page 11 the Great American Main Street awards. Jane Jenkins, Main Street Manager, stated that this was the third year for the City to enter this competition. The first year the Denton Main Street Program was listed as an honorable mention. Last year the City was not recognized. The following resolution was considered: NO. R96-062 A RESOLUTION RECOMMENDING THAT THE DENTON MAIN STREET PROGRAM BE ENTERED INTO THE GREAT AMERICAN MAIN STREET AWARDS; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", and Biles "aye". Motion carried unanimously. C. The Council considered approval of a resolution consenting to the exercise of the power of eminent domain by the Upper Trinity Regional Water District necessary for the construction of the Regional Treated Water Transmission Supply Line for the City of Sager in the City of Denton. Bob Nelson, Executive Director for Utilities, stated that this resolution authorized the Upper Trinity Regional Water District to exercise the right of eminent domain in case there was a need to acquire any right-of-way necessary for a water line between Exposition Mills and Sanger. The following resolution was considered: NO. R96-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUCTION OF THE REGIONAL TREATED WATER TRANSMISSION SUPPLY LINE FOR THE CITY OF SANGER IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young "aye", and Biles "aye". Motion carried with a 5-1 vote. 9. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 10. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Pro Tem Brock nominated Allen Nelson to the Building Code City of Denton City Counoit.Minutes October 15, 1996 Page 12 171 Board. 11. Vision Update There was no Vision Update at this meeting. 12. There was no official action on Closed Meeting Items discussed earlier. 13. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young asked for a discussion regarding markings on Spencer Road. B. Council Member Young asked for a letter to the Railroad about the good job they had done on the tracks on McKinney, Hickory, Sycamore and Prairie Streets. C. Mayor Pro Tem Brock asked for an item on the October 10th agenda regarding projects for "Make a Difference Day". 14. There was no continuation of the Closed Meeting from the earlier session. With no further business, the meeting was adjourned at 9:00 p.m. EULINE BROCK, MAYOR PRO TEM CITY OF DENTON, TEXAS TNI~R WALTERS Y SECRETARY CITY OF DENTON, TEXAS ACC00347