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Minutes December 02, 1997CITY OF DENTON CITY COUNCIL MINUTES December 2, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, December 2, 1997 at 5:45 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. AB SENT: Mayor Miller 1. The Council considered the following in Closed Meeting: Conference with Employees~dnder TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting of the City of Denton City Council on Tuesday, December 2, 1997 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Young and Durrance. AB SENT: 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 September 2, September 9, September 23, and October 7, 1997. Beasley motioned, Young seconded to approve the minutes as presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. CITIZEN REPORT 3. The Council received a citizen report from Ross Melton regarding "governmental immunity" and unlimited government. Mr. Melton stated that government was force. He felt that that statement was appropriate for the City as he never got satisfaction with the lawsuits he had filed. He felt the jury selection was neither appropriate nor fair. He felt there was a need for an explanation on how the City operated according to the Constitution. Governmental immunities were fraudulent and were not in the Constitution. It only protected lawyers for their errors. NO[qE EX~CEPTION~q City of Denton City Council Minutes December 2, 1997 Page 2 4. The Council considered a request for an exception to the noise ordinance for ABATE for a Christmas party December 13, 1997 at the North Texas State Fairgrounds from 8:00 p.m. - 12 midnight. Jennifer Goodman, Administrative Assistant, stated that this was a request for a Christmas party at the North Texas State Fairgrounds. The party was scheduled to be held in the Fair Hall on the grounds. The band would be playing indoors. Council Member Cochran stated that it was good that the petitioner was sensitive to the noise in the area. Having the music inside would be good. He wondered about the noise level when the party was over. Fletcher Armstrong indicated that if the weather was cold or if it rained, the number of cycles at the party would be greatly reduced. Council Member Young asked if the organization had had parties anywhere else. Armstrong indicated that they previously had had parties in homes in Denton with no problems. The organization was much larger now and needed a larger facility. Beasley motioned, Young seconded to approve the request. On roll vote, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried with a 5-1 vote. PROCI ~AMATION~q/AWARD~q/ 5. December Yard of the Month Awards Mayor Pro Tem Brock presented the following awards: Betty Lette Robert and Leslie Day Lawyer's Title Building Unique Barber Stylists - Downtown Business Award PIIRI]C HEARING 6. The Council held a public hearing and considered an ordinance to amend the detailed plan for 1.63 acres located in a Planned Development (PD-144) zoning district. This tract was located on the east side of Bonnie Brae, north of Crescent and was also known as 1160 N. Bonnie Brae. (Z-97-025) (The Planning and Zoning Commission recommended approval, 7-0) David Hill, Director for Planning and Development, stated that this case was located at 1160 Bonnie Brae, north of Crescent. The action requested was to amend a detailed plan for the property located in PD-14 to delete the footprint of one proposed building in exchange to enlarge the remaining unbuilt building. The two buildings together would have permitted a total square City of Denton City Council Minutes December 2, 1997 Page 3 footage of 6,500 square feet which was exactly the amount of square footage of the new building. One building was currently on the site. Directly to the south was conditioned office zoning with a large area of SF-10. The property was located in area designated by the 1988 Denton Development Plan as a low intensity area with 54% of the intensity trips to be allocated if approved. A neighborhood meeting was held with two neighbors in attendance. Discussion at that meeting dealt with drainage which was a concern with the original building. It appeared that the individuals in attendance were pleased with the proposal. When the proposal was considered by the Planning and Zoning Commission in November, it was recommended for approval with a condition that the building would be similar to the original building. The drainage water would go underground and not to the residential properties. The 1993 detailed plan was amended to allow for a change in the building footprints to increase the size of Building 1. Council Member Beasley asked if the detailed plan could be amended again in the future. Hill stated that yes but that it would have to come back to Council. Mayor Pro Tem Brock opened the public hearing. Fred Gossett stated that the petitioner was not asking for anything additional. The petitioner was only asking for a reconfiguration of an approved planned development. They had held a neighborhood meeting with two participants. Fifty percent of the property would be landscaped. Council Member Beasley asked if the open space would be built on in the future. Gossett stated that medical buildings required a lot of parking space. The plan could change but it would be difficult with parking. Mayor Pro Tem Brock closed the public hearing. The following ordinance was considered: NO. 97-340 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS. 92-014 AND 93-051 TO PROVIDE FOR A CHANGE IN THE DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO. 144 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND IMPOSING A CONDITION FOR 1.63 ACRES OF LAND LOCATED ON THE EAST SIDE OF BONNIE BRAE, APPROXIMATELY 800 FEET SOUTH OF WEST UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. City of Denton City Council Minutes December 2, 1997 Page 4 ~(}N~ENT AGENDA Council Member Beasley asked that Item #18 be held for separate consideration. She asked why the ordinance was being redone. Rick Svehla, Deputy City Manager, stated that the "no parking" would take parking off Carroll Blvd. which was a result of discussions staff had with the Police Department and residents in the area. Young motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. 7. NO. 97-341 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. (Bid #2107 - Power Transformer) NO. 97-342 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. (Bid #2117 - Refuse Trucks-Side Load, Front Load, Rear Load and Roll-Off) NO. 97-343 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. (Bid #2118 - Two-Person Aerial Device Bucket Truck) 10. NO. 97-344 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. (Bid #2120 - Trencher and Trailer) 11. NO. 97-345 City of Denton City Council Minutes December 2, 1997 Page 5 12. 13. 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. (Bid #2122 -Excavator, Scraper and Motor Grader) NO. 97-346 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. (Bid #2125 -Vacuum Switches) NO. 97-347 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. (Bid #2129 -Billing and Collection of Ambulance Fees) 14. NO. 97-348 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. (Bid #2080 - Community Sidewalks - West Side of Bolivar) 15. 16. NO. 97-349 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. (Bid #2124 - Crack Sealing of Streets) NO. 97-350 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #80848 - Xerox Corporation - annual maintenance agreement and user fee) City of Denton City Council Minutes December 2, 1997 Page 6 17. NO. 97-351 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X416, A GRANT AUTHORIZED BY 49 U.S.C. SECTION 5307; AND PROVIDING AN EFFECTIVE DATE. (Funding for SPAN Contract). 18. NO. 97-352 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND RODEO BY TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH ROSS STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECITON WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECITON WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION 19. The Council considered adoption of an ordinance of the City of Denton, Texas prohibiting parking on certain portions of Londonderry Lane and Sam Bass Boulevard near McMath Middle School; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. (The Traffic Safety Commission recommends approval.) Rick Svehla, Deputy City Manager stated that the Traffic Safety Commission had considered this item and recommended approval. This would remove parking from Sam Bass for 100 feet on both sides and at the intersection of Londonderry and Teasley, parking would be removed for 250 feet on the south side of Londonderry and 100 feet on the north side on Londonderry. At the intersection of Sam Bass and Londonderry parking would be removed 50 feet in either direction. This was in preparation for the opening of the McMath Middle School to facilitate movement of traffic. City of Denton City Council Minutes December 2, 1997 Page 7 The following ordinance was considered: NO. 97-353 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON CERTAIN PORTIONS OF LONDONDERRY LANE AND SAM BASS BOULEVARD NEAR MCMATH MIDDLE SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. 20. The Council considered an appointment to the Joint Tax Abatement Committee. Kristoferson motioned, Cochran seconded to appoint Council Member Durrance to the Committee. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. 21. The Council considered nominations/appointments to City's Boards and Commissions. Council Member Cochran had nominated Bob Montgomery to the Historic Landmark Commission at a previous meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", and Mayor Pro Tem Brock "aye". Motion carried unanimously. Mayor Miller was not present for his nomination to the Library Board. Council Member Kristoferson did not have a nomination to the Cable TV Board at this point in time. Council Member Beasley nominated Martha Garcia to the Parks and Recreation Board. Council Member Young nominated Gwendolyn Carter to the Parks and Recreation Board. Mayor Pro Tem Brock indicated that Council would vote on this nomination at the next regular meeting. 22. The Council considered approval of a deputy city secretary. Young motioned, Kristoferson seconded to approve Jane Richardson as a Deputy City Secretary. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", City of Denton City Council Minutes December 2, 1997 Page 8 and Mayor Pro Tem Brock "aye". Motion carried unanimously. 23. Miscellaneous matters from the City Manager. City Manager Benavides did not have any items for Council. 24. New Business The following items were suggested by Council Members for future agendas: A. Council Member Durrance asked for the preparation of a resolution for expansion of the existing runway and cooperative efforts with the FAA for expansion of the north end of the runway at the Denton Airport. 25. The Council did not meet in a continuation of the Closed Meeting under Sections 551-071- 551.085 of the Texas Open Meetings Act. 26. There was no official action taken on Closed Meeting items held under Section 551-071- 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 7:55 p.m. EUL1NE BROCK, MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS