Minute Bk. 23 8/1982 - 12/1983 City Council Minutes
August 24, 1982
~ork Session o~ tBe City of Denton City 2ouncil on Tuesday, August
24, 1982, at 8.30 a.m. in the Training Room of the Service Center to
discuss the 1981-81 City oi Denton .Budget and approve t~e ~a½1i~g o£
the Public Hearing as required by the truth in taxation aegts~ation.
Riddlesperger motion, Barton second to hold the Public Hearing on
the proposed operating b~dget and revenue sharing at the Regular
Meetin~ o£ the City Council on September 7, 198l. Motion carried
unanimously.
Joint Meting of the City of Denton City Council and the Cable TV
-' Advisory Board on Tuesday, August 24, 1982, at $:00 p.m. in the
Civil Defense Room of the ~unicipal Building to discuss the Cable TV
rate increase.
Ms. Debra Loyeheiligan of CTIC gave a report on the findings of the
rate increase study. CTIC ~s proposing an initia~ increase of $1.$0
to $1.7~ wit~ subsequent ~ncreases to be examxned on an annual
basis. The rationale for ~his decision ~as that the $2.45 increase
projection is very lomg range and that the amount, coupled ~ith pay
services increases, was high for subscribers.
Barton asked if CTIC considered such items as a~ount of down time.
Ms. Loveheili~an responded that CTIC only looks into financial
aspects, but ~ould encourage the Council ~o consider other factors,
s~h as d~n ~lae.
Gus 5eliima~, Chairaan of ~he Cable TV Advisory Board, lave the
~joriZy ~eport. ~r. Seli~ann stated that the Board ~as presented
with proposals for S dl[ferent rate increases. The ~Jority Repor~
proposes a ~radual increase over the nex~ ~ years.
Larr~ 61eeson, Cable TV ~visor~ Board. gave the Minority Report.
The Minority Report proposes ~he ~otal $1.4~ increase to be awarded
Brsndon Barnes, Golden Triangle Co~uniaations, introduced Roy
Appleton to speak for the Cable TV conpany. Hr. Appleton and Nr.
~rnes re[erred to the Ordi~nce establishing the Cable TV
franchise, specifically t~t portion of the Ordinance dealing with a
fair rate of return on in~estaent.
Riddlesper~er asked at ~hat point in the future would the cable
teaparty reach 1St re~urn on investment.
~s. Lovohoili~an responded in 12 to 15 years.
~yor Stewart cemented C~C he does not believe the Council has the
right Co deteraine proffit ~rlin.
The Go~cil then convened into the Special Called ~eetini in the
Co,oil Chanbers.
PRBS~T: ~yor SCevarc, ~ayor Pro Ten Stephens, Council ~enbers
Barton, Hopkins, Alford, Riddlesperger, and Chev; City
., ~naier, City Attorney and City Secretary.
i ABS~T: None
1. The Go,oil considered approval of ~he ~inutes o~ the Work
S~ssi~ of July 1~, 19~2~ Reiular ~eetinl of July 20, 1982; Work
Sessi~ o~ ~uly 27, 19821 Regular Meetin~ of Auiust ~, 19821
~er~e~y Meetin~ oi August 6, 1982.
Hopki~ aotioa, Che~ s~ont to approve the Minutes as presented.
~otion cariied uunl~usl~.
2. Consent Agenda:
The S:ali req~sted t~t Item A.1 of the Consent Agenda be removed.
Chew motion, Stephens second to approve the Consent k/enda. Motion
carried unanimously.
Nelson of the Staff reported to ~e Council that Item A.1 for the
backhoe loader had been low bid Ford. The Public Utility Board
had recommended the next low bid by Case due to the maintenance
aspects.
Chew motion, Stephens second to accept the low bid from Ford,._
¼orion carried unaniomously.
A. Bids and Purchase Orders:
1. Bid #9051 - Backhoe Loader
Bid #9015 - Power Transformer Equipment
$. Bid t9014 - Capacitors and Racks Co,plate
4. Bid #9055 - Automatic Load Transfer Switch
5. Bid #9056 - Current Sectionaltzer
6. Bid #9058 ~ater Meter Boxes
7. Bid #9042 Corrugated Metal Pipe
8. Purchase Order #~$501 ily Myers Pumps Company
for $14,806.g3
9. Purchase Order #53519 Sheraco Industries, Inc.
for $3,315.10
3. The £ouncil received a preliminary report on tht/"~
independent audit by Arthur Andersen. [
~illiam Dillon, representative from Arthur Andersen, presented the-~
preliminary report and stated that there was no cause for 'alarm
whatsoever on travel expenses. The data processing consultant
contracts did show a lack of planning on how consultant would be
used. It would have been prudent to come to the Council. There
were two data processing contracts totaling approximately $5,000.00
which could not be located. The invoices, checks, and support
material were available, however.
Chew asked if the only problem with the data processins contracts
was the lack of ionS range planning and if nothing was out of line
with the City Manaser and City Manager,s Office travel and expenses.
Mr. Dillon replied that that was correct.
Rlddlesperger asked if the Council had instructed the Cit[ Manaser
to get the computers workint, was the City Manaler out of line in
using consultants.
Mr. Dillon replied that this was not out of line.
Hopkins asked if the $100,000 consultant fee budget over-run was.
offset by the under-run in salaries. ~
Mr. Dillon replied that it was offset. ,
Stephens asked if approvini the consultant contract as the Council
had done in l/ay would be proper long range plannini.
Mr. Dillon replied that it would.
Barton motion, Alford second to accept the preliminary report from
Arthur Andersen. Motion carried unanimously.
Mayor Stewart requested that a reading copy of the audit be
available at the Denton Public Library and the City Secretary's
Office.
4. Public Hearings:
The Mayor opened the Public Hearing on the Capital Improvement Plan.
A. Ms. ~tha K/kef, 1015 Kings Row, appeared before the
Council to request that the Yellowstone Project take top priority in
the Capital Improveaent Plan due to drainage and flooding problems.
B. Ms. Hazel Frederick, 1509 Panhandle, appeared to
request that the alley between hagan and Panhandle be cleared of
debris and trash.
C. Mr. Harry Slack, 1129 Stanley, appeared before the
Council resarding drainage problems on Stanley. Hr. Slack stated
that a bond election had been held several years ago to put in
drains on Stanley. These drains hav~ never been installed. Mr.
Slack stated that since the construction of the ~kaggs Alpha-Beta
building, the drainage problem on Bonnie Brae had ~ncreased because
the drains were too snell to handle the large amounts of run off
water.
Stephens inforaed Mr. Slack that this drainage project was in the
CIP for the second year.
Mr. Slack replied that soaething needs to be done now.
Stephens asked Assistant City Manager Svehla to make a report to the
Council on short term answers while waiting for the large drainage
project next year.
Nayor Stewart closed the Public Hearing.
Hartung stated that the Staff would respond to any Council questions
on the Capital Improvement Plan.
Mayor Stewart requested another Work Session to finalize the Capital
Improvement Plan docuaent.
$. The appearance by the Saginaw, Texas Centennial Conittee
Member was tenured free the agenda at the telephone request of the
committee representative who was unable to attend.
6. Appearance by the Oriole Street Com~ittee.
Mr. Carlton Wendell, ~$00 Woodthrush, represented the Oriole Street
Committee with a slide presentation of the condition of Oriole and
surrounding neighborhood streets. Mr. Wendell stated that the
streets had deteriorated very rapidly due to heavy truck traffic
during the development of surrounding housing. Mr. Wendell urged
that the Capital Improvement Plan or street improvement program give
the Oriole area top priority.
Mayor Stewart asked Mr. Wendell ii there was still heavy truck
traffic in the area.
Mr. ~endell replied that now moving vans and sanitation truc~s were
the major truck traffic since the area was developed.
7. Appearance by Mr. George Olufsen.
Mr. Olu£sen, Santa Monica, appeared before the Council regarding the
heavy truck tra££ic on Santa Monica due to the development in the
Forrestridge area. Mr. Olufsen stated that these large trucks are a
safety hazard in residential areas, and due to the heavy loads, are
causing deterioration of the streets. Mr. Olufsen stated that the
City needs to have a truck ordinance which establishes truck routes,
or requires developers to put up a bond to repair any damage to
streets caused by their equipment.
Greg Bdwards o£ the Staff stated that the Citizens Traffic Safety
Support Coamission ]tasa preliminary truck ordinance on the agenda
for the September 8 meeting. This ordinance is similar to che one
used by Dallas and establishes truck routes.
8. The Council then considered a report from the Denton
Central Business District Association and the Historic Lancl~ark
Comm~ission regarding the Texas Main Street Program.
B~llttt Lowry, Chairnan o£ the Historic Landmark Co~mission, gave
brief history of the Texas Main Street Program. The cost to the
City would he the salary of the Project Manager.
Ben Ivey, Jr., Chairman of the Central Business District
Association, presented 2 letters to the City Council giving supper,--
to the Main Street Program and also ga~e a brief history
association. ~he Central Business Distr~ct Association pledged t
fund up to one half of the cost of the Hain Street Project Nanage'
for the first year. This fee would be approximately $25,000.00.
The Program usually runs for $ years, but the City and Central
Business D~strict call withdraw from the program at any time.
Stephens motion, Alford second to approve making application to
become a Texas Main Street city. Motion carried unanimously.
9. The Council then considered a quit claim of an easement at
505 Pennsylvania Drive.
Nelson of the Staff brief the Council on this quit claim.
Chew motion, Alford second to approve the quit claim deed. Motion
carried unanimously.
10. Ordinance:
A. The Council considered approval of an Ordinance
vacating and abandoning a public utility easement.
The following Ordinance was presented:
82-61 '
Alt ORDINANCE PROVIDING THAT ALL RIGHT, TITLB, AND
OF THE CITY OF DENTON IN LAND HBRETOFOR~ DBDICATIiD AS A
PUBLIC UTILITY RA~ItM~NT BB VACATBD AND ABANDONBD; AND
PROVIDING THAT THIS ORI)INANCB SHALL B IHCONtIB BFFECTIVE
INO4BDIATELY.
Chew motion, Hopkins second to adopt the Ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
Resolutions:
A. The Council considsred a Resolution approving the
inclusion of the City of Denton with eligible loan area of the
Dento~ County Housing Finance Corporation.
Hartung spoke for the Staff.
The following Resolution was presented:
R ~ S O.LU T I 0 N
~HERI3AS, the Denton County Housing Finance Corporation (the
"Corporation,,) was created by Resolution adopted by the
Co~missioners Court of Denton County, Texas (the "County") pursuant
to Article 12691-7 Vernon's Texas Civil Statutes, ss amen4ed (the
"Act"); and '
WIiHRI~, pursuant to the Act, the Corporation intends to issue
Its Single Family ~ortgage Revenue Bonds, Series 198~ (the "Bonds',)
in the approximate amount of $25,850,000 in order to provide funds
to purchase from participating lenders mortgage loans that have been
made to eligible borrow?rs to finance owner occupied single family
residential housing within the County; and
5
WHIL~IL~, the Act requires that the governing body of any city
located within the County, the population of which exceeds 20,0Q0
must approve the use of the proceeds of the Bonds to purchase home
mortgages for homes located within such City;
i . WH~R.I/A~~ it is foulld and determined that it is within the best
ncere~t of the inhabitants o£ ~he City of Denton, Texas (the
"City"), and will promote the public welfare and the public purposes
of the Act for the proceeds o~ t~e Bonds to be used to purchase home
mortgages for homes located w~thzn the City;
NOW, TH]/R]iFORB, aB IT R~LVRD aY ~B CITY COUNCIL OF THE
CITY OF O~NTON~ T~ T~T:
S~CTION I.
The ~se of the proce~ o~ the Bond~ to p~rchase ho~e ~ortgag~s
for ho~es located ~ithin the territorial li~tt$ of th~ City is
h~reb~ ~thorized ~d approwd~ ~nd the inclu~ion of the Cit~ ~ithin
th~ "tli~i~l~ Lo~n Are~' ~s u~ed and defined in th~ S~le~ Servicin~
· nd A~l~ist~tion Agree~ents~ to be entered into by and b~t~een the
Corporation, the p~rty n~ed ~s A~inl~tr~tor th~rein~ the p~rt~
na~ed ~s Tru~tee~ therein, ~nd the p~rticipatin~ lenders i~ hereb~
approved, '
SBCTION II.
The ~yor o~ the City og Denton is hereby authorized :o execute
and de~iver such endors~ents~ instr~ents~ csrt~ficates~ doc~ents
or ~apers necessary or vita~ :o carry out the intent and purposes o~
this Reso~ution,
P~SBD ~D ~PROVBD :his the 24:h da~ o~ Augus:~ ~982.
RICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECRETARY
CiTY OF DENTON, TEXAS
APPROVED AS TO LBGAL FORM;
C. J. TAYLOR, JR., CITY ATTORNEY
CiTY OF D~NTON, TEXAS
BY:
Chew motion, Hopkins second that the Resolution be passed. On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford "a~-" Riddlespergsr "aye" Chew "aye", and Mayor "aye"
Motion carrxed unanimously.
B. The Council, considered approval of a Resolution for the
City to make application to become a 198~-84 Main Street City.
The following Resolution was presented:
RESOLUTION
WHr~tgkS, the Texas Main Street Center of the Texas Historical
Com~ission his been created to assist small cities to develop a
public-private effort to revitalize their "Main Street" areas, and
five Texas cities will be selected to participate in the project in
1983; now, therefore,
BB IT RESOLVBD BY THB CITY COUNCIL OF TH~ CITY OF DENTON, TBXAS THAT:
SBCTION I.
The City of Denton, Texas apply for selection to participate in
the 1985 "Main Street" program with the specific goal of
revitalizing the central business district within the context of the
preservation and rehabilitation of its historic buildings.
SBCTIOH II.
That the City of Denton will fund and employ a ~ain Stree"
Project Manager and provide the manager with travel funding f~
training.
SECTION III.
That the City Manager be designated to coordinate the program
activities.
PASSBD AND APPROVBD this the daf of , 1982.
RICHARD O. ST~WA~T, MAYOR
CITY OF DENTON, TEXAS
ATTIiST:
CfIARLOTTE 'ALLEN, CITY SBCRBTARY
CITY OF DBNTON, TBXAS
APPROVED AS TO LBGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DRNTON~ TBXAS
BY:
Riddlesperger motion, Chew second that the Resolution be passed. On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford
"aye", Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion
carried unanimously,
12. The Council considered awardin the bid for the renovation
of the old City Hail for the Police ~a.cility and authorizing the
City ~anager to sign the contract.
Svehla reported that 9 bids had been received. The firm of Taylor
Hall was the iow bidder at $1,089,900. The architect, Gerald Stone,
had run extensive checks on the fir~ and had received no negative
feedback.
Stephens asked when the renovations would begin and and.
Svehla reported that the renovations could begin l0 days after th~
signing of the contract and would take approximately 365 days t1
complete.
Stephens motion, Chew second to award the bid to Taylor Hall and
authorize the City Manaier to sign the contract, ~otion carried
unanimously.
13. The Council then considered approval of a contract with
Profile Tax Recovery to assist the City in filing a request /or
refund of FICA overpayments.
McNary of the Staff reported that the new computer system allows the
City to get refunds on FICA overpa)rments.
Alford motion, Stephens second to approve the contract with Profile
Tax Recovery. ~otion carried unanimously.
14. The Council considered final payment to Black and Veatch
for Ray Roberts and Lewtsville Lake licensini project.
Nelson spoke for the Staff.
Hopkins motion, Chew second to approve the final payment. Motion
carried unanimously.
15. The Council considered the Texas Municipal Power Agency
admt~ietra~ive chargas for 1985,
Nelson spoke for the Staff.
RiddlesperBmr motion, Chew second to approve the charles for 1985.
Moti un carried unaniaously.
16. The Council considered a water rate increase to the City of
Corinth.
Nelson of the Staff reported that due to the rate increase to the
City of Denton by the City oi Dallas, this increase would be
necessary. The increase will be from $1.00 to $1.19 per 1000
gallons. An ordinance will be presented to the Council at the next
meeting. Corinth had been notified of the proposed increase.
Chew motion, Hopkins second.to approve the increase in water rates
to tke City oi Corinth. Motzon carried unanimously.
17. The Council considered approval of an agreement with
Alexander Grant and Company to conduct the 1982 City of Denton
annual audit.
Council Member Stephens, member of the Council Audit Committee,
reported to the other Council Members that the fee would be $$8,000
and the audit would be conpleted by mid-January, 1985.
Mayor Stewart suggested that the audit firm should be changed every
£ive years.
Stephens motion, Chew second to approve the agreement with Alexander
Grant and Company. Motion carried unanimously.
18. The Council considered a request from Mr. C. M. Greit, Jr.
for sanitary sewer service outside the Denton City limits.
Nelson spoke for the Staff. The location of the property is east of
Andrew Corporation and is next to a major out£all line by the State
School. There are no problems with this request.
Rlddlesperger motion, Hopkins second to approve the request of Mr.
Greig for sanitary sewer service outside the City limits. Motion
carried unanimously.
19. New Business:
The followinB items were requested by Council ~embers for future
agendas:
Riddlesperger - want to review the old junk car ordinance.
Hopkins want to discuss the parkint on the West side of Bell
Avenue from Texas Street to University.
Barton - want to review the customary home occupation ordinance.
Stephens - want to receive a report on response and status of the
handicapped parking since the new ordinances were passed.
The Council then retired to Executive Session. The Council
reconvened with the £ollowing official action on Executive Session
items.
A. Real Bstate The Council considered approval of a
Settlement Agreeaent with Gene and Judy Gohlke for damages to
property on Bell Avenue and Mingo Road in the amount of $9,500.00.
Chew motion~ Hopkins second to approve the agreesent vith Gene and
Judy aohlke. Hotion carried unaniaously.
The Council adjourned at 10:20 p.a.
CHARLOTTI/ 'ALL~N, CITY SECRETARY
0357C
City Council Minutes
August 31, 1982
Work Session of tho C~ty of Denton City Council on Tuesday, August
$1, 19S2 at 1100 p.i. in the City of Denton Service Center Training
itoom to dieousl tho 1982'-13 City of DentQn Budget.
The CounoL1 then oonvemod into the Special Called Meeting at 7~00
p.m. In tho Council Chambers.
B>on, Hopkins, Alford, Riddlespergs=, and Chew~ City
Mlnager~ City Atto=ney and City Secretary.
ABSENT ~ None
1. Consent Agenda~
Bopkir~ ~otion, Che~ second to a~prove the Consent Agenda. Motion
carried unanim~ualy.
Consent Agendat
A. Bids amd Purchase
1.Bid ,g0. - .pr.ying .nit, .o.quito
2'
Bid JgO40 - Herbicides
2. Tho Council =soognissd Jerry Cobb to approach the Council
regarding video equip~ent for the City of Denton Polics Depa~aent.
Mr. Cobb statsd that wheu the recent stabbing occurred in the County
Jail, ~he ~ty triad ~ use the City o~ Denton vid~ equl~ent but
f~d ~t ~ ~ ~rable. T~ Co~t~ ~s faintly purc~sed v~d~
~Ui~t as a law enfor~en~ ~1 ~d su~gelts that the City deem
Co.oil ~ec C~w asked ~ ~ vid~ ev~denoe ~uld elevate the
~nvioti~ zeta. Mr. ~b res~nded that he believed ~2 would,
ea~l~ly ~n proving D~s wit~ut the ~nefit of a b=eath-~lato=
~u~t of law. ~. ~bb rea~ndea that ~he vid~ ~tion vas
admissible ~t ~t al~ys t~ audio.
C~ ~tion, ~fo=d s~d to =eEc= the study o~ the pu=ohase
vi~o ~i~t ~ t~ City 8ta~. Motl~ ca~i~ ~ani~usly.
3. The ~oil =~l~ a re~ft on the p~o~ed su~ivision
and 1~ ~vel~en~ Ordi~.
R~es ~d ~eg~atA~s ~--lttee, an ad ~ ~ittee which was
Mr. H~M D~n of t~ Bu~iv~ston8 R~es ~d Regulati~8 C~ittee
su~visl~ ~d l~d develo~nt Ordinance ~d the
hose regulators ~ the Pl~i~ ~d zoning Cmlasion for a~roval
· a=ton ~tl~, C~ s~d ~ gefer t~ Ordi~nce to t~ Planning
~d ~lng ~esion. ~tl~ o~ried unani~ual~.
~e9~a~Ao~.
This i~e~ ~l ~ll~c~ ~n ~nJ~o~i~ w~th ~tom 3 a~.
B~ton ~tion, C~ s~d 2o refer the prop~ed ~bile h~e
reguliZions ~ 2~ Pi~i~ ~d Zoning C~ission. Motl~ cagri~
~usly.
10
5. Tha Council ~onsidered al~roval o~ an independent
oontractor' a agrn~an~ w~h ~L Aa~o~n~n.
wi~h ~L As~iatos v~ ~or ae~vi~8 ~ l~rove and standard,ne the
c~ty's ~r~o~ce eva~ua~lon system. ~ e~oyee Task Yor~ ~u~d
~ci~ ~er S~ephe~ asked {or {n{o~ma~ion on ~
~ a~p~ a hand-oub.
~o~ ~ember ~bephens ask~ w~ ~ ond resu~ ~u~d ~,
~e~ sbabed bbe s~dardisa~on ~u~d ~rove pr~uo~iv{~y by
s~n9 e~ec~abi~8 ~d ~rove e{{~oi~oy and ~oy~
~oi~ ~er 3~ephens asked ~ ~he ~3~800 ~ ~gure was devised.
~ ~awe~ed ~ ~his was a negotiated ~.
~o~ ~e~ Hopkins asked ~ ~h~s agro~n~ ~d ~en re~ie~d and
a~oved b~ ~he
~oan ~awered ~ i~ had.
i~espeEger ~, A~o~d s~ond ~o ~rove ~he eg~eenen~
~ AnaniaSes. No~on oa~ed
6.
A. T~ Co,oil ~nsi~ed a~ption o~ ~ O~din~
o~ging the n~e og Undated R~d to ~soh B~a~h
82~2
ST~T SZT~D WZTHZN ~ ~~ ~XMZ~ OF THR CXTY
D~ ~ S~GI~ING AT ITS I~I~ ~TH HI~Y
380 ~ ENDZ~ WZ~ ZTS Z~ION NZ~ SPRZ~ 8I~ ~
TO ~ ~ O~ ~ ~ ~ ~D D~NG ~ ~I~
DATE.
S~ep~ns ~tl~, C~ second bo a~rove t~ Ordinal. , On roll sill .,
vo~ Ba~ton ~*ye~ H~kins Wayes, Step. ns sayes~ ~o=d uaye
ll~lesplrger "ayes, Chew maya"~ ~d ~yor "aye". Kotl~ ~
a. T~ ~oil ~naidered ~ Ordl~n~ ~ncreesing
n~ of Police Cap~ain p~ltionn ~ three to fout.
C~oil Me~ez Stephens asked if ~ Civil Servi~ Cmissi~ had
a~roved ~he Ordinate.
Cit~ M~ger H~t~9 s~a~ed t~t ~ CI~M At~orne2 ~d advised
it wan not necessary.
T~ foll~ing Ordinate was prenonted~
82~3
~ ~1~ XN~ING T~ N~HR O~ ~I~I~D P~ZTZ~ff
C~ ~ion, Hopkins s~d to approve ~he Ordnance. On ~oll call
vets ~r~on "aye", Hopkl~ "aye", Stephen8 "aye", Alfo=d "aye",
l~elpa=ge= "aye", Chaw "aye", ~d ~yo= "aye". ~ion
11
C. The Council conaideced adoption of an O~dtnance
Assist~t City ~e~ 8vehXa .~e ~o~ the
· he ~o~ing Ord~ae was p~esen~ed,
82~4
S~ZLZTY ~t PR~ID~NG A PB~TY
C~ ~t~on, Hopk~ se~d to approve ~he OrdLnance. On roll cell
vote hr~n 'ayes~ Ho~ 'aye'~ Stephens
~ddles~ge~ "aye', C~ "aye", ~d ~yo~ "aye'. Motion ca~f~ed
D. Tb Co~c~l ~ns~=ed adoptl~ of an Ordnance
· he foll~l~ OEdl~ was pEesen~edz
82-65
~ ~l~ P~IB~TING ~ P~ING OF ~HI~ ~ T~
~T~ ~ ~ I~E~ION WITH MIN~ ~ P~VIDING A
S~ILI~ ~B~ PR~IDING A PB~TY
H~ ~ ~D ~NG ~ BFF~I~ ~.
HO~k~ ~tiOn, Ch~ I~d tO app=ove the O=d~nancl. On =oll oall
2~d~ge~ "l~l"~ Cbv "a~e"; and ~of "-z=. ~on ca~ed
· . ~ Co~cll ~ne~de~ed a~p~on si an O~d~nance
p~oh~b~t~ng t~ ~k~ng o~ ~h~c~es on the eas~ s~de
~ Texas ~ Wi~he~8.
82~6
~ ~l~ P~ZBZTZNG ~ P~ING OF ~HI~t,mS ~ T~
ST~T ~ I~ I~B~E~ION ~TH ~T~ ST~T; P~IDING A
~ZL~ ~B~ PR~ZDING A PB~
Chew ~tion~ BacOn se~d ~o approve the Ordinance. On =oll call
vo~e ~rbon "aye", ao~l~ "aye", SteVens
Rld~e,~zger "lyo"~ C~ "aye"~ ~d ~yor "aye". ~t~on earthed
unanl~sly.
Ft T~ Co,oil ~ns~de=ed a~p~on of ~ Ordinance
19~1-~2 ~et by inc=easin9 the General Project Fund
~ ~3,~0.00.
H~g o~kl ~ ~ Staff. This ~endm~b would transfe~
p=ev~oufl~ budge2od f~s to the 1982-83 f~soal yea~ ~or the
~le2~ of 2~ ~ An~ie2es ~ntract.
12
The £ollowing Ordinanoe was presented,
82-67
AN ORDTNANC~ AMHNDXIfG ~HB L981-83 B~
DE~ ~ BY ZN~ING T~ ~ ~ ~D
C~ motion~ Alford se~nd to ap~=ove the O=dl~ce. On =oll mall
G. T~ Co.oil conal~=ed i~tton o~
umnd~ng C~m= 25 off the C~e off O~nl~oll fo~
Xemmle (W-3) oumt~e: slams.
82~8
~ ~Z~ ~NDXNG C~R 25 OF T~ ~
OF ~ CI~ OF ~ON, ~8, BY ~NDZNG ~PA~G~H (C)
8~ ~R ~ (W-3) C~TO~R ~BI ~D
~I~ ~ OF ~R l~ 1982.
a~d~em~rGe; motion, Chew se~nd ~ approve Cbm Otd~nanoe. On roll
~d~elpe~er "aye", Chew "a~e", and ~yo~ "aye".
7. T~ Cereal ~nm~de=ed ~ =eque.~ of N~h
Un,varsity ~o use a ~rt~on o~ the st~ee~ =~gh~-off-way ~o=
~ilding ent~ae.
~lgbt~f way ffo~ sid~alk, steps, nd h~dioa~d ~a~ at thel~ new
~ldtng on Aven~ B end Mulberry. This st=eot oa~g~es l~al
t~if~ic ~d i8 ~ a mm~o~ t~effic fl~ p~oblem,
~mn l~umly.
Tm=as Utilities.
Brason Blaotrtc C~perative aa the distributing agent and ~so
i~ludes a ~lculation table.
Bretons ~tl~, Alford ae~nd to a~zove t~ supplemental
against. ~tlon married ~nimoumly.
Lmut C~t B~ra~giem 9~ram.
a~Zi~ti~ ~ t~ Hartford ~o~dation flor ~ttoipati~ in a Least
C~t Strategies Pz~=~. The City of DenOn was
a~Mc~acion miry. Tho pro]eot viii run fo~ tho next 18 ~nthm.
SteVens ~tton, Chew second to ~tto~pate ~n the procare. MoC1on
13
10o The Council oonaider®d approval o~ Boonomio
oarrAed
Mayor 8~ar~ req~a~ed ~
~ln~ ~e~r~ ~r~ Arthur ~ndereen at the ~epte~er 7 ~ating.
Co~oil ~c Ri~les~cge~ ce~ested t~t the Ozdi~n~ on J~ked
oc aborted ~hiclee ~ cevie~d.
Co.oil Ne~ Al~d ~k~
p~o~ at the n~ e~ ~ae~n ~le~entacy So~l on ~easley ~ane.
~ Co.oil ~vened into Bx~u~ive Session at
0391C
City Council Minutes
September 7, 1982
Joint: Meeting of the City of Denton City Council and the Public
Utility Board on Tuesday, September 7, lgS2, at 5500 p.m. in the
Civil Defense acorn of the Municipal Building to consider refunding
of water, sewer, and electric ~onde.
The Council and Public Utility Board received a report from F=ank
Medanioh and Harold McInroe, representatives First Southwest
Con,any, regarding the possibility of refunding o~f the water, sewer,
and electric bonds. Frank Medanich reported that due to the
co~A~lexity of the issue and the instability of the bond market,
First Southwest Cc~any was reco~tending that the refunding p=ogra~
be delayed at the present time. First Southwest will make anothel
report at a future date.
The Council considered initiating annexation proceedings on property
located adjacent to FM 1830 south of Hebron Lane.
Chew motion, Riddlesper 9er second to initiate the annexation
proceedings. Motion carried unanimously.
The Council considered initiating annexation proceedings on property
located east of Mayhlll Road. This property is proposed for mobile
home park development.
Hopkins motion, Chew second to initiate 2he annexation proceedings.
Motion carried unanimously.
Tile Council convened into Executive Session to consider legal
matters; real estate, personnel and board appointments.
The Council then convened into the Regular Meeting in the Council
Chambers.
PRESEMT: Mayor Stewart, Mayor Pro Tam Stephens, Council Ma~be£s
Ba~ton, Hopkins, Alford, Riddlesperger, and Chew! Clt]
Manager, City Attorney and City Secretary.
AB~NT ~ None
1. The Council o~naidered apg=oval of the Minutes of the
Special Called Meeting of August 24, 1982.
Chew motion, Hopkins second to approve the Minutes as presented.
Motion carried unanimously.
2. Consent Agenda I
Chew requested item 2.A.3 be removed from the Consent Agenda.
Al=oral requested item 2.A.4 be removed.
Stephens motion, Hopkins second to approve the Consent Agenda.
Motion carried unanimously.
In response to Council ~?mber Chew, Assistant City Manage= MoKean
reported to the Council cnst item 2.A.3, bubble hounoe, was a piece
of playground equipment for the Parks and Recreation Department.
The equipment was portable and could be rented aa · revenue
producing project.
Seal,hens motion, Hopkins second to table item 2.A.3 until Sta~
could report potential revenue projections. Hopkins, Stephens,
Al=etd, Rlddlesperger, Chew and Mayor ~ayes, Barton ~nay'. Motion
to table carried 6 to 1.
In response to Council Member Al=etd, Purchasing Agent Shaw reported
to the Council on item 20A.4, renovation of City offices, that the
bids for this renovation had been mailed directly to 11 bidders - 5
carpet firms and the rest to general contractors. The bid had also
been advertised in the local newspaper according to standard hid
procedures.
Al£o~d motion, Chew second to approve item 2.A.4. Motion ca,:riod
unanimously.
A. Bids and ~urohafe Orderss
1. Bid J9043 - So£t
2. Bid J9044 - ~atin~ Unit
3. Bid J~4S - B~ble Bo~oa
4. B~d ~046 - hnova~o, o~ C~y
p~oble~ in ~u~h eal~
Ns. L~,8 ~ld t~ Co~1 t~ a=o, on Kerley o~ Dunoan' is a
of~ ~u=s as t~e ~s ~ pl~ fo= ~ wa~e= to go. Ms. Luoas
A. PuAI~G Hearing ~ ~ p=o~ed 15~ ~ax ~nc~ease
The ~= o~ned the Pu~c
Ms. Lie Ke~b a~a~ed ~o &sked tho ~uno~l questions =eglrd~ng the
tax i~roa~. ~. Klith dis~lsed t~ use of stringent fl~l
~u~el~nes ~n ~o~s~o~kin9 ~lioieo, ~he problem of ~he high
~eaHs already e~e~A~d in u~/l~y bills, and ~ need ~o ~ve
a b~o ~1 ~e2 until bus~nlss p~ok~ up.
30 ~s l~king at ~he ~ot, ~he services ~ople van~, and ~he
~es available.
Ho~ ~ 8te~no ~th stated =ha~ ~p~ea o~ the p~o~od budge~
were ave~a~e at c~y Hall nd the ~lbraEy ~or cl~sens ~o ~ead,
a:. Jesse Coffey a~red ~ore the ~unoil ~d sta~ t~t since
1977 him wa=e= ~d sM~ usage ~d been =edu~d bM 3% but ~he
o~ t~ .e~vl~ ~d i~eased ~ 113~; his electric usage ~d
~a~d by 2t ~t ~he o~ o~ ~he service ~d ~noreased by 42~.
~ey sta~ed t~t it was tiaa ~ ou~ ~ ~s~ si services ~d
~XIB,
Dr. Pc~k C~ o~ ScuttLes a~ea:ed ~d u~ged ~ Council ~o
~bl~sh ~he ~t t~b rues we~e ~o be =aised or l~ered in o~de~
~ alleviate ~n~um~. ~r. C~no~o ~ u~ged ~ Co~o~l ~o
ar. derby C~a~m, 406 ai~eoEes~, a~eared, ar. Chaath~ stated
that ~f the C~ty ~m~ required slgn~i~ revenue ~noreames,
Co~ail s~uld slash dee~: ~d ~ ~ke signl~lc~ tax iht=eases
th~s Mea~ due ~o t~ ~. a~. Cheath~ q~s~i~ed A~ a
· ign~t~ reunue l~rease was require, at wha~ ~in~ ~u~d a
~bl~c refere~ be r~uired.
M:. R~i Cr.?~te ask~ if ~ CLty off Aces ~uld check the
aut~n2~o~ty of t~ ~ tax rolls ~d II buai~ases a=e
~o=ea~ ~ a ~atio ~able to ~mes. ME. Cr~le questi~ed
the v~dl2y of a City He~th ~pa~ent which ~uld =eault
dupl~te staffs ~d l~=eases ~ t~ ta~aye=a.
Hopkins sta~d t~2 ~he ~oil ~uld be meeting wi~h the County
Conis~i~e=s ~ Sep2e~ 13.
~. a~t~ll Tur~=, 2110 S~nega~e~ stated t~t t~ p=o~em with
~b ~ rate gr~ ~he appraisal was that 8outh=ldge ~d ~en
h~ghba~l~. Mr. Tutor sta2~ t~t n~ indumt~ies need
brough= ~nto Den~n ~ relieve the individual tax~ye=s, a=. Tu=ne=
al~ aak~ t~ Co,oil ~ strongly ~nsider a 40% h~estead
eae~tion ~or 1982,
Mr. Rer~ert Lewis of 912 Hilton Place appeared to urge the Council
to raise the homestead exe~tion.
Ms. ~ennie Seikz a~ea~ed ~d ea~ed ~he Council ~ t~ tax
~am ~e than ~ ~d a~the~ pu~to hea~ln~ ~ ~equt~ed.
Mr. Tom Butch a~eared ~d s~a~ed t~b citizens ~e oonffumed ~
a~raiaed value on ~ax s~a~emen~m. Tb~m valueape. s bo
~le~el~ o~ of line ,ff ,~e ~d ~p,e, ia,,on o~ ~h~~me a,*
o~iderod o~ i~ 2he evaluation i8 ~med solely on squa~e
M~. G. R. Rawley off 1119 S2~ley a~ea~ed ~ asked i~ the 1St o~
pe~ $100 evaluation was co~rec~.
Har~9 sta~ed tha~ 2~ ~ax rolls which ~e received at 3t00
ffr~ the Tax App~aleal Dtst~Zo2 s~ed 53~ per $100 evaluation.
M~. ~wley ques2~oned i~ khe increases ~n t~aah fa~es ~uld ~
~erctal as well mm ~estdential.
H~g s~a2ed 2~2 ~hey ~uld ~d al~ ~ increase [o~ use o~
s~lt~y l~d[All.
M~. ~wley e~ess~ ~noezn ~ha~ the new ~u~e~ system ~uld not
~t ~ing ~ll~ted.
Ms. Li~m Johnson, ~ st~ent, a~eared in o~litlon to
el~nating the paffkin9 on Bell Avenue. Ms. Joh~n s~ated that,
barrier ~o on ~ming ==afftc. She urged the Co,oil to leave the
pa=king on Bell Avenue at th~s time.
The ~yo= ol~md ~he Public Hearing on ~he pEo~amd tax
Mayo= S~a=t presented a Key ~o t~ C~y of Denton ~ Dr. de The,
v~l~b~ng d~attnguim~d scientist f=~ F=~oe. Dr. de The
presented a l~tu=e at North Texas S2ate
B. Public Hearing · on the pro.ed 1982-83
budget ~d revenue
~yo= S~art opened the Public Hearing.
~a=2~g ata2ad t~t the Public Hearing was ~lng ~Id in ~mpll~oe
ei2h City Charter requi=~enta.
Ken ~ld, Denton Fire De~ent, a~eared ~f~e t~ Co.oil with
an tnEo~mational h~d-out ~noetning f/~efighte~s death and
Jo~related d~seame statistics. Mr. Gold requemted t~ Co,oil
~ider pay pa=try fo= the Fife ~par~ent wtth the Police
De~ ~.
T~ ~yor clued t~ Public Hearing.
C. Pu~ic Hearing on the pro~ed ~a~e ins=mama =equemt
fr~ ~lden T=Z~gle C~i~ions fo= ~ble ~ services.
The ~yor ope~d the Public Hea=ing.
Mr. B=~don Barnes of ~lden T=i~gle C~i~at~m gave a
og Chapel 25 ~d m~ke in flair of the
M~. ~b Wilson of Cox Cable have a financial re~=t slide
p~emen~a~ion ~d =equea~d ~he total pried ~2.45 tnofeaae.
Mr. ~Y A~leton, 813 Live Oak, representing t~ ~lden Triangle
~ioations p~2ne~s re~=ted t~t cable ~y ~d c~lied
with all pacts of t~ o=dtn~ce ~te~ed ~n~o ~ ~l~n T=~qle
the City of Denton. ~. Ap~eton =mq~ated the ~2.45 increase.
17
Ms, June Brownies; a cable TV customo~ spoke in ~avo~ o~ ~he
o~ ll~ ~d requested ~ Co~ci~ ~no~de~ ~he ~ull increase.
M~, S~d B~ke a~ke in ~a~ cE the ~ate inc~eaae.
re=ks ~or ~= prating ~d he ~uld like to m~ ~ 'cable
T~ ~yo= aak~ foe t~se w~ wiled to ~ak In o~8iti~.
~. Gus Seli~nn, CAliban of the Cable ~ Advisory Board, gave a
~jo=ity =e~rt in o~itl~ ~ the total $2.65 iht=ease at this
time.
M=. John ~n of ~x Cl~e =abutted that the delay8
t~t ~IC ~d ~t roll,ed the requi=ed o=dinanoe format. Mr.
T~ ~or clued t~ Public Hearing.
AngeLo o~ tho Staf~ addro~ed the ~oil. A deo~sion on the fate
i~=ease did not ~ve ~ ~ m~l at this time.
D. Pubic He~ing on his~ric l~a=k designation at the
Old M~ioipal Building at 221 No=th Blm Street.
Elll~n o~ the Pla~ing ~d C~ity Develo~ent Staff
t~t 16 =oply fo~ ~ ~n ~iled.
The ~yor ope~d the Pu~ic
Mc. R~8ll Bo~, 1023 Oak St=est; m~ke in faro= of t~ ~tition.
No one 8~ke in o~osition.
T~ ~yo= cl~ 2~ Public Hearing.
1. Tho ~o~l considered a~ption of an
The ~oll~lng Ordinance was
82-69
~ ~I~ ~IG~TING 221 NO~ B~ ST~ IN THE CITY
OF ~ DE~ ~Y; ~ ~ A HISTORIC
~R O~I~ ~. 80-30 (~TI~E 28A OF T~ ~~I~
S~ING ~l~); ~D P~VIDING F~ ~ ~I~ ~TE.
Step,ns ~on~ Ch~ so~ ~o approve the O;~nance. On ~oll call
vote B~ttoa waye~, Ho~ 'aye', Stephens uayeu, Alfotd UayeN,
Rlddle8~rgo= "aye", C~ "ayes ~ and ~yot "aye". ~tion carried
~n l~u sly.
no=th ml~ of Airart R~d (~ 1515) f=om Agricultural ~ Light
Industry classification.
T~ ~y~ o~nod the Public Hea~lng.
Cor~rat~ 8~ke ~n faro= statin~ t~t the 15 acre8 under
but 2he 15 acres was ~ready zoned light industry.
No one spoke ~n o~osition.
Meye= of the Planning and Comunit2 Development Ita~f repo~ed tha~.
this
zoning zeclassifica~ion met all of the requirements of the
~Development Gaide.
a~oving ~he chugs In ~onin~ ~ Ag~io~uzal (A) ~o ~gh~
l~us~r2 (~) ~ ~ 15 ac~e ~ac~ l~ed al~g ~ ~h side
~ ~oll~in90~dl~nce was presen~eds
82-70
~ ~I~ ~NDZNG T~ ~NG ~P OF T~ C~TY OF
~ ~ S~ ~ ~OP~D ~ ~ AP~NDIX ~ ~ ~ OF
O~I~S OF ~ CITY OF ~ ~, BY ~I~ NO.
Cb~ =otion~ Mopkiaa se~nd ~o approve ~e Ordl~=e. On roll oall
vote Bat~on "aye", Hopkl~ "aye", atep~ena "a~e", Alfotd 'aye',
~i~ualM.
5. T~ Co,oil ~n ~a~d a dis~asl~ on the ~kin9 on t~
~a~ aide o~ Bell Avenue f=o~ Texas S~=eet ~o
Mr. Way~ Au~gy Of ~he Texas W~'s Unive=si~y Police Depar~n~
a~ke in o~oaA~iom ~o r~v~n9 ~he pa=kin~ on Bill Avenue as ~
at~en~s ~ve l~m~ed pa:king spaces and ~lveta~y
bu~ld~nga ate on ~th sides o~ ~ell.
Co,oil ~e; Ri~leapetgec a~ated ~ Bell needs ~o ~ ce;ou~ed~
as a ~avy t~a~fic beading a~eet s~uld ~t z~ through
unive~sity ca~s.
Co,oil ~z Mo~l~ stated t~t he had ze~ived complaints
~e~din9 the ~zking on Bell ~r~ citisens oho Eeared hit~in9
at~en~s ~ stewed out [~om ~t~een ~zk~ ~a. St~en~a meed
o~M ~he ~des~lan ceoasings.
Mr. ~M stated t~t the c~oaain~ llqhts ~ere ~t
~. ~n ~ye~a o~ the ~ S~aden~ ~ee~ent Association zequested
t~h t~ ps, kin9 ~ le~t on Sell aa ~ki~ s~oes ~e vezM aoazce.
Mz. ~im ~eatzo ~d ~. Bob A~ld~ Adaptive Physical Education
s~ents at ~, s~ated t~t s~i~ ol~iaa ~rticlp~ts
diaa~ed stadeats ~d to o~oas Bell to have ac~sa to the at,eric
~ielda ~d t~t t~af~lo a~uld ~ kept ~ · minim~.
Ma. ~zM ~ye~s o~ ~he ~ ~tu~n~ ~zmnt kaa~iation stated
t~t ~ argents must az~s Bell several ti~a ~ily to get
Ma. Ruth Tend2, an Ins2zactor at ~, stated ~hat t~ ~l~aze o~ t~
at~ants must ~ke pre~denoe.
D~. 9o~don, ~eal~nt of the ~ Sa~etM C~l~tee, e~hasiaed t~
~z. ~zt Rea~ield, Vice P~esident of Flail A~alzs of ~, ata~
t~t the univezaity paints the curbs, etc. at ~ ~t to the Cit~.
Ms. &au~le Beazden, ~ al~nua, re~ea~ t~t ~ Co,oil ~naidez
leaving the pazking on Bell Avenue.
C~oil ae~e~ Stephens asked the Cl~y M~age~ to ~ve t~ Police
Chie~ ~zk eith a~. Aat~M o~ ~ to enforce the a~edin9 ordi~a
~ Bell ~venue.
19
6. The Council coat,dared approval o! the final =aport of the
independent: audit by Arthur Ande~:~en.
Chew mo~ic~, sopkin~ second ~o approve the ~inal report, action
carried
7. The Council considered approval o~ ~m~nat~s 2o t~ North
Texas H~g~r
~ ~
vlr~ ~k~n to PL~ 2 ~d M~8. Nets Btall~g~ to P~aoe 4 on
b~ ~d o~ Di=OC~CS of b~ No=th Texas Higher Education
8. T~ C~o~l ~8~=ed a~roval of a ~ntfaot su~lement
C~w ~l~ Alfo~d se~d ~ a~rove t~ ~ut=aot supple~nt with
T~ SFot~, lnG. ~ti~ oa==iod u~n~usly.
9. T~ ~oil ~nl~red a~oving zeadveEbls~ng a Public
Healing ~or a tax inseams ioof ding to the t~uth in taxation
re~ire~ta.
C~w ~i~, Ho~i~ s~d to restive=tiaa a Public Hoe=lng fo= a
tax increase. ~tion carried u~nl~usly.
10. T~ ~cil ~=ed a~roval o~ setting a date fo= the
~ption o~ the ~az ra~e.
Ho~L~ ~ti~, C~w 8~d ~o set ~ Public Hearing on the tax
lno~e~e ~o= Septet= 14~ 1982. Mo~ion carried unanl~usly.
11. No ~ item of ~slnesa ~ze s~ges~ed for fuhu=e agendas.
The ~cll t~n ~nvenod Into Executive Session a~'llzt0 p.m.
0390C
City Council Minutes
September 14, 1982
#ark Session o£ the City of Denton City Council on Tuesdaz,
September 14, 1982, at $:00 p.m. in the Civil Detense Roan of the
Municipal Buildins to discuss the Capital Improvements Program.
The Council then adjourned into Bxecutive Session to discuss Legal
Matters, Real Berate, Personnel, and Board Appointments.
The Council then convened into the Special Called Meeting at 7:0~
p.a. in the Council Chambers.
PRBSBNT: Mayor Stewart, Mayor Pro Tea Stephens, Council Members
Barton, Hopkins, Al,etd, Riddlesperger,rSecreta and Che,; City
Manager, City Attorney and City
ABSI/I/T: None
1. Consent Asenda
Hopkins asked for Item A.$ to be removed iron the Consent Asenda.
R£ddlasperger motion, Stephens second to approve the Consent
A~enda. Motion carried unanimously.
City Manager Hartung reported to the Council that the Staff would
also like to remove Item A.$ from the Consent Agenda.
Hopkins notion, Chew second to remove Item A.I iron the Consent
Agenda. Motion carried unanimously.
Consent Agenda:
A. Bids and Purchase Orders:
1. Bid t 9039A - Selective Weed Control
2. Bid # 9041 3/4 Ton Carso Van
$. Bid # 9045 Bubble Bounce
2. The Council then received a report on TMPA.
Dr. Roland Vela, Denton representative to the TMPA Board
Directors, Save the following report:
Pla~
haAtd the annual meeting, the Manager of the Comanche
Peak
reported that the plant was on schedule tine and
money wise.
b. A report from Navasota Mining for the Gibbons Creek
plant was thaC there are ~ 286 million tons of lignite available for
uso with possible deposits of 60 to 90 million additional tons
available. Navasota estimates that 80t of the deposit is capable
being mined.
c. Tho Gibbons Creek plant is on schedule both tine and
money wise. The Turbine will roll on September 20 and tho ligniC~
will be £ired in October or early November. The TMPA Board wil~
exceed 8n invitation to the City Council and the Public OtiliCF
Board to attend the £1ring.
d. Bill Blkins, President o£ the Boardof Directors, has
resigned. He will continue until Jerry Ransom, the new Director,
comes on board. Also new officers for the Board of Directors have
been elected.
$. Ordinances:
~ The Council considered approval o£ an ordinance
settl~ t 1982 tax rate.
The £ollovins ordinance was presented:
82-71
AN OXI)INANCB LBVYING THI~ ~ V~OR~ T~ OF ~ CITY OF
D~ON, TBS, POR ~B Y~ 1982, AT ~B
Il00.00 ~S~ BV~TION ON ~L T~L~ PROP~TY WITHIN
~B ~R~T~ LINIT$ OF ~B CITY ON J~U~Y 1, 1982, NOT
B~PT BY ~; PROVIDING RBVBNUBS FOR
~NICIPAL BXP~SBS~ ~D FOR INTBR~T ~D SINII~2 FUND ON
~T~DING CITY OP DBNTON ~N~S, PROVIDING P~ LImITeD
~TI~S OP ~TAIN ~ST~DS, ~OVIDING FOR BNPORC~T
OP ~LL~CTIONS; PROVIDING PORA SEV~BILITY C~US~;
~OVIDING ~ ~PP~TIVB DAT~.
Riddlesperler mo~ion, Hopki~ second to adopt ~he ordi~nce. On
roll call vote Barton "aye", Hopkins "aye", S~ephens "aye", Alford
"aye'J,.Ridd~esperser "a~e", Chew "a~l", and ~or "aye". ~o~ion
carr~o~ ~mously.
~. The, Co~cil considered approval of an ordinance
es~ablish~nS appropriations ~or ~he ~082-S3 o~ Donjon opera,ins
budsot.
The roll.ins ordi~nce ~s presented:
82-72
~ ~IN~CB ~PTIH6 ~ ~DG~T FOR TH~ CITY OF D~NTON,
TR~, POi ~R FIS~ Y~ BBGINNING ON OCTOB~ 1, 1982,
~D ~ING ON SBP~ ~0, 1983; ~D
BFF~TI~ DATB.
Stephens motion, Hopkins second ~o renove the storn wa~er
port,on of the ordinance, Mo~on carried ~animouslF.
Chew notion, Alford socond ~o adopt ~he ordinance, On roll call
vote ~iF~o~ "aFo", Hopkins "iFa", Stephens "a~e", Al ford
~iddlesperfor "aye", Chew 'aye'% and MayoF "ayo", Motion carried
~nhously.
C. Tho Co~cil considered approval o~ an ordinance
rovisinS ~ho s~i~ation rates,
The ~oll~inS ordi~nce was presented:
82-73
~ ~IN~ ~BNDING ~TB~ 12 OF ~B ~DB OF ORDIN~C~S
OF THR CITY OF D~ON ~B~TING TO TH~ COLLBCTION O~
~B, ~H ~D ~UBBISH; R~IN~ THB H~ OF THB
~ITATION D~~; ~ISIN~ THH P~ PO~ US~ OP S~ITA~Y
~DPILL; P~OVIDING ~ P~S ~0~ ~LLRCTION
CO~CIAL ~D INSTITUTIO~ ~B~B ~LLBCTIO~; D~L~TING
P~ALTI~ PO~ ~TB PAINTS; ~ING C~TAIN ~OVISIONS
~BIN; R~ IN~ ~L O~ IN~C~S IN CONNLI CT; ~D
D~ING ~ BPP~TIVB DATB.
~ddlespsrser aotion, Hopki~ second ~o adop~ the ordinance. On
roll call vote Bar,on "a~e", Hopkins "aFe", S~ephens "a~e', Alford
'&~o's Riddlesper~er "aye", Chew "aye", and ~yor "aye". Motion
carried ~lBously.
D. The Co~cil considered adoption o~ an ordinance
adjus~ins the ~bulance fees.
'
The Eollowing ordinance was presented:
8~-74
AN ORDINANCE AIdI~NDING CHAPTILR 26 O~ ~B ~D~ OP ORDIN~CBS
OF ~B CI~ OF DB~ON BY ~DING THORO A NHN ~TICLB
RE~TING TO ~RGENCY ~U~CBS ~D SHYING FEES FOR
S~VIC~ ~R~F; R~LING ~L O~I~C~; ~D D~C~ING
~ ~PBCTI~ DAT~.
C~w sotion, Alford second tO ~dopt t~ ordi~nce. On roll ca~
vote Bar,on '~ye", Hopkins "aye'~ Stephens "aye", Alford
Ri~lesperger "i~e", Chew "eye', and ~yor "aye". ~olion c~rri~t
~nimous
G. The Cocci1 considered approval of ~n ordl~nce
· ccep~lng a slree~ d~dica~ion to serve ~he proposed school located
ad~icen~ ~o Byers Park.
The following ordin~nce was presented:
82-75
~ O~I~CB ACCEPTING ~B D~I~TION BY DE~ ~OM BOB E.
TRIPP ~D DAVID E. ~IPP, TRUSTERS, OP C~TAIN
PROP~TY SITUAT~ IN TH~ B.B.B. ~ C.R.R. ~Y SURLY.
ABST~T ~. 18~, DB~ON COU~Y, TR~ ~D RB~RDBD IN
~LU~ 996~ PAGE I76 OP ~ DH~ RBCOR~ OF DB~ON ~UNTY
TO ~B CITY OF DENTON~ T~. POR THE USB OF SAID PROP~TY
~ A PUBLIC STRBHT ~D DBC~ING ~ BPP~TIVE DATB.
Alford ~oCion, S~ephens second to ~dopt ~he ordin~nce. On roll
VOt~ Bar~on "a~e", Hopkins "aye", S~ephens "lye", Alford
Riddlesperger "a~e", Chew "aye", and ~yor "a~e". No~ion carried
~niaous ly.
Co~cil ~onsidered approval of ~inal pa~ent ~o Schoel{
4.
The
and Pields for s~veying of right-o~-wa[ on Nindsor Drive.
Assistan~ Ci~ M~ager Svehla reported t~ ~he surveFing had been
completed bu~ needed Co~cil approval ~or final pa~en~.
Hopki~ ao~ion, Chew second to approve the ~inal pa~en~ ~o Schoell
~d Pields. Motion carried unanimouslF.
5. The Co~cil received a repor~ on home occupation in Denton.
Charlie Natkins of the S~aff gave ~he report which included a
portion o~ ~he zoning ordi~nce ~d a paaphle~ which is distribu~ed
io citizens.
Chew ~otion, Hopkins second ~o accep~ the report. Mo~ion carried
u~nimous
6. The Co~cil discussed ~he develo~ent In ~he area near
FN-ll~I and Sam Houston Bl~en~ary School.
Svehla reported t~t information was in ~he agenda packe~s re~arding
pivini, speed zones, e~c. Ail the City ~s ~re preli~inary pla~s
which the P~Z is reviewing. Ci~ Is wai~in~ ~or developers
develop the area.
~r~on 2oclon, Hopkins second ~o proceed with ~velo~ent.
carried ~ani~ous ly.
7. The Co~cil received a report concernin~ the ~ndicapped
parking ordi~nce impl~en~a~lon.
Na~ki~ reported ~ the City was workinl ou~ problems wi~h
lmpl~en~a~lon. Siins have been ordered end the blanks have been
received. The si~n overlays are ~o be received in ~he nex~
weeks. ~ter the overla~s are pu~ on ~ha blanks, the legal si~na~e
requiremen~s will be complete and enforceaent o~ ordi~nce can begin.
8. The Council r~eived a report on the abandoned vehicle
ordinance enforcement program.
Council ~ember Riddlesperger stated that the problem o£ abandoned
vehicles ]tad improved.
9. No official action was taken on Bxecutive Session items:
A. Legal liatters
B. Real ~state
2.. Personnel
D. Board Appointsents
10. The followinS items o£ new business were requested for
future agendas:
Stephens motion, Chew second to place Consent Agenda Item
from the September 7 agenda on the September il agenda for
reconsideration. Barton 'aye', Hopkins "aye", Alford "naS',
Riddl~sperger "aye", Chew "aye", 14ayor "aye". Motion carried 6 to 1.
Counci.1 ~aber Barton asked to receive a report on "non-houses" on
Septewbar 21.
The Council then adjourned into Bxecutive Session at 8:00
04Z$C
24
City Council Minutes
September ll, lg82
Work Session o£ the City ~ Denton City Council on Tuesday,
September Il, 1982, at 5:00~... in the Civil Defense Room o£ the
Municipal Bulldini.
1. The Council discussed pendini elections.
City Attorney Taylor reported that due to provisions in the charter.
the bingo election of January 15, 1985 and the proposed boni
election could be held in one polling place, such as the Clvif
Center, instead of in the sinlle ml~ber districts.
City Secretary will begin procedures through Justice Department to
change pollinl place in District 2 from the Trinity Presbyterian
Church to Fire Station #4.
A discussion £ollo~ed on the problem et redistricting and new
· precinct designations in view oi the £act that the County has yet to
have their redistrictini accepted by the Justice Dep~rtment and that
certain census infor~atlon has not been £or~arded to the cities.
Riddlesperger motion, Chew second to hold the proposed bond and'
bingo elections at the Civic Center. Motion carried unanimously.
2. The Council discussed the 1981-85 budget from the Tax
Appraisal District.
Mayor Stewart
the Public Hearing on the budget for tho Tax Appraisal
had attendina reported that he and Hugh Mixon of the City Tax O£fice
Districtan~ the ~ayor expressed so~e the
concerns over salary
structure. Stephens suggested that the City's nominated board
member appear before the Council on September 28 to explain th~
budget and answer any questions the Council might have. i
The Council convened into Executive Session to discuss Legal
Matters, Real ~state, Personnel and Board Appoin13eents.
The Council then convened into the Regular Meeting at 7:00 p.m. in
the Council Chambers.
PEaSaNT: Mayor Stewart, Mayor Pro Tom Stephens, Council M.embers
Barton, Hopkins, Alford, Riddlesperger, and Chew, City
Manager, City Attorney and City Secretary.
ABSBNT: None
1. The Council considered approval et the Minutes oi the
Special Called Meeting o£ August $1, 1982 and the Regular Meeting of
September 7, 1982.
Hopkins motion, Chew second to approve the Minutes as presented.
Motion carried unanimously.
2. Gonsent Agenda
Ghew motion, Hopkins second to.approve the Consent Agenda. Motior
carried unanimously.
Consent Agenda: ~
A. Bids and Purchase Orders:
1. Purchase Order #55596 to Limitorque Corporation
B, Replats:
1, Approval of the Final RspLat of Lot 9-R, Block $,
Pry Addition. (The Planning and Zoning
Commission race.lends approval.)
5. The Council reco~nized Mr. Robert Sage regarding an update
of the status of the building located at 225 and 221 North Locust.
Mr. Sase stated that he had appeared before the Council on July 20,
1982 regarding an inability of the City to enforce certain building
codes and still nothing had been done.
City Attorney Taylor reported that the Building Inspector had made
another inspection and that the two attorneys involved were
neiotiating. Taylor stated that code enforcement is a very broad
subject.
Mr. Sa~e stated that he anticipated this reponse and presented the
Council with a hand-out.
¢. Public.Hearinss
A. H 26. This is the petition of Mr. and Mrs. Robert L.
Richardson requesting historic landmark (H) zoning designation at
1S55 Lindsey Street. (The Planning and Zoning Commission recommends
approval.)
The Mayor opened the.Public Hearing.
Mr. Bullitt Lowery, Chairman oF the Historic Landmark Conmission,
spoke in favor of the zoning designation stating that this was the
first incidence of a home being moved from its original location
before restoration, but that the relocation did not a~fect the
validity oF the request.
No one spoke in opposition.
The Mayor closed the Public Hearing.
David Ellison stated that the Staff did not make a reconmendation as
they felt that the Joint approval o~ the Historic Landmark
Commission and the Planning and Zoning Commission was sufficient.
1. The Council considered adoption of an Ordinance
designatin~ the residence at 1555 Lindsey as a City of Denton
Historic Landmark. H-Z6.
The folloming Ordinance was presented:
aZ -76
AN ORDINANCE DESIGNATING THE BELOW DESCRIBED LOCATION AS A
HISTORIC LANDMARX UNDER ORDINANCE NO. 80-$0 (ARTICLE 28A OF
THE COMPREHIL~SIVE ZONING ORDINANCE); AND PROVIDING FOR AN
EPPECTIVE DATE.
Alford notion, Chew second to adopt the Ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye" Al£ord "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". ' Motion carried
unanimously.
B. Z-1558. This is the petition of L.A. Nelson
representini Jupiter Transportation Co~pan~, requesting a change in
zonin~ from agricultural (i) to light industrial (LI) classification
on a ?.f acre tract located on the west side of IH ISW service road
south of Airport Road.
The Mayor opened the.~ublic Hearing.
Mr. L. A. Nolson spoke in favor of the petition stating that he felt
the intended use of the property was compatible with the geographic
No one spoke in opposition.
The Mayor closed the Public Hearing,
Bllison o£ the Sta££ stated that the area surrounding the tract was
zoned and used as light industrial.
1. The Council considered adoption o£ an Ordinance
chan~lng the zoninI £rom agricultural [A) to light industrial
classification on a ?.$ acre tract located on the west side of IH
~W service road south o£ Airport Road.
The £ollowing Ordinance was presented:
82-77
AN ORDINANC~ A~NDING THB ZONING MAP O~ THB CITY OF DBNTON~
TBXAS, AS SA~ WAS ADOPTBD AS AN APPENDIX TO TH~ CODB
ORDINANCES OP THB CITY OP DBNTON, TBXAS, BY ORDINANCB NO.
69'1, AND AS SAID NAP APPLIBS TO 7.5 'ACRB TRACT OF LAND,
NORB OR LRSS; AND DBCLARING AN BFFBCTI¥~ DATB,
Chew motion, Barton second to adopt the Ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford . ,,
aye ,
Riddlesperger "aye", Chew "aye", and Nayor "aye". Notion carried
unanimously.
C. D-29. The Council considered approval of disposition
o£ City property located along the east side o~ Ningo Road. The
Plannin~ and Zoning Coamission recommends approval.]
The Nayor opened the Public Hearing.
No one spoke in favor.
No one spoke in opposition.
Rllison of the Sta££ reported that this property was acquired in
1976 for the Ningo Road project. Property owners to the south have
requested disposition. The property is ~oned light industrial and
includes a railroad spur on the easeaent which should be retaineg
flor use o£ other businesses.
Hopkins notion, Stephens second to dispose of the property. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperter "aye", Chew "aye", and Nayor "aye". Notion carried
unaninously.
$. The consider considered setting the rate increase for Cable
TV services.
City Nanager Hart,,~i told the Council that Public Hearings had been
held so no further report would be given.
Council ~eabars Alford, Riddlesperger and Hopkins stated that they
ltsd received positive conments £roa citizens regarding the Golden
Triangle Coamunications service to Denton.
Al£ord notion, Hopkins second to instruct the City Attorney to draw
tho Ordinance to grant the £ull increase requested by Golden
Trianlle Coneunications and to bring the Ordinance back to the
Council. Notion carried unaninously.
6. The Council considered closing a section of Pecan Street
£ron Cedar to Bin. (The Plannini and Zoning Coaaission recommends,
approval.)
Assistant City Nana~er Svehla stated that this closing was for a 12
to 15 aonCh period during construction activities at the new Police
Achainistration Building. The Staff anticipated a permanent closing
of the strset at a later date.
Hopktn~ sotion, Aliord second to close the section o£ Pecan Street
£rom Cedar to tl~ until construction was co~pleted. Notion carried
unanimously,
7. The Council considered approv~l o£ a lease/purchase o£ the
axistin~ word processin~.~quipment.) lThe Data Processing Advisory
Board racom=ends approval
Finance Director McNary reported that the City had used the Wang
word processin~ equip~ent for $ years and the Wing OIS system for
year. The City now h~s · lease credit accural o£ $30,000 toward the
~urchaae o£ the equipuant. The Micro-Computer Task Force and the
ate ProcessinS Advisory Board both recoumend approval of the
purchase.
Stephens =otion~ Hopkl~ s~cond to approv~ the lesse/purchas~.
~otion carried unsnisously.
8. The Co~cil considered authorization of pa~ent for ~ovi
expenses for the Otilit~ Departaen~ Assistant Director
WaCer/~sstowster DoparCm~t.
· ssisttnt ~it~ M~naler McKean reported t~t the moviui e~enses were
awarded to the lowest bidter.
Barton motion, Hopki~ socon~ to authorize the ~a~ent. Motion
carried u~n~mous~,
The Co,oil then took up ~he reconsiderstion o~ Septenber
7, 1982 Consent Ai~nda I~ou 2.A.4, Bid ~ 9046.
Co~cil Member Stephens stated t~t the referenced renovations had
raised q~stio~ reiirdinI tho security of vault records. The
renovations wero ~derway so the reconsider~tion was no 1onset valid.
10. There was no official action on Sxecutive Session itens:
A. Legal ~attors
leal tstlte
Perso~el
D.Boird
11. Mew Business
ao~cil Member Chew requested ~ reconsideration of the budget
on f~dins of the ~omino H~11.
The Co~cil then convened into ~xecutive Session.
C~ ~, GITY S~T~Y
042SC
City Counoil Minutes
#otk 8essi~n o£ the City of Denton Cit~ Couactl on ?uesday,
Septeatbet ~1~ lg~2, a~ 5~00 p.s. ~n the Civil ~enle ~ o~
N~ici~l ~uXldX~.
1. T~ ~ail r~iv~ a ra~ from ~ Denton Coun~M
T~ H~i, C~l D~ ~d C~zlI8 Ea~le ~e pzosent ~om
Denton ~t~ A~taA8al DiStt~c2 ~d ~he ~;d to te~r2 ~o 2he
Co~cLl.~ t~ 1982-83 ~got og t~ A~raisal Diottiot. Mr. Deg~
~d ~n~e~ ~ ~pAea og t~ ~e leq~slative ~lendaz Eo~
da~a og ~z fells.
t~e ~yp t~ ~y wre a new o~gani~at~on wh~oh wes
lea~ni~. Rea~talaals ~s~ ~ ~ne In 4 yea~a. M~. Earle also
s~a~ed t~ he ~el~ the ~et ~o~ ~he d~at~Act ~ald drop nex~ yea~.
~t thAs zas~d An lar9e ~ts of ove~i~ and ~naatozM
2. T~ CereAl ~eceA~d a re~ on CitM/~unty JointlM [~nded
a~ll ~dia9 ~ A~ze~e the the C~2M'a ~rtion o[ 2he Beal2h
De~n2 ~i~ ~d t~t ~. HAll felt ~ increase ~ould ~2
Co,oil ~e~ 8tep~na ~geated ~hat ~he Cereal invi2e D~. Gerald
Flanag~ t~l Heath B~d ~d~oal lia~n, ~o appear be~o~e
~oil ~ ~mwe~ quem~m ~eg~d~ng t~ ~rkinqs of t~ Health
T~ ~oil ~n ~von~ ~nto Executive Sesai~ ~ d~s~ss Legal
~2te~s~ ~al Bs2a2e, Per--el ~d Board
The Co~il ~nvened An~ t~ Special Called Meeting a~ 7~00 p.m.
the ~cil ~e~s.
P~R~t ~o~ I~a~t~ ~yot Pro Ten Stephens, ~cil Xe~e~s
~ger, cA~y Attorney ~d CA~2 Secreta~M.
· he ~yo~ pr~en~ed a Pr~la~ion ~ t~ EaAgh~s o~ Coleus
Knights o~ ~l~a Day ~ S~M, Oo~o~ 10, 1982.
1. ~sen~ Agenda
~e s~a~ feasted X~en 1,A.3, be ~e~d ~on ~he Comoen2 Agenda.
aopki~ ~l~, Al~ozd S~d to a~ove bbc Coasen~ Agenda
~sent Age~,
A. BAds ~d Pu~ohaae Orde~sj
1. Bid J 9047 - Service Cen~e~ Dzainage
3. Bid j 9049 - l~ Hardware C~nents
~.e O~der j 54642 ~o ~ene~aX Rlec~ric
C~y - ~D
~0 2. ~esolutions
A. The Counoil oonsidered ~doption of a Resolution on t~
C~l~ P~even~ton Prog~ ~n~inua~lon g~.
Cl~y N~ige~ ~t~g s~a~ed that the t~ Rasolubtons being p~esen~ed
~uld approve ~he ~n~lnuation o~ ~he C~t~ Prevention and Ha~io
g~n~a ~i~d ~ t~ Dinton Polio~ De~nt ~r~ ~o~tb Cent~ll
Texla ~acll of ~ver~en~s. ~e Relol~iona ~uld ipprove the
f~di~ of ~he g~an~s fo~ ~ nex~ year.
~oil ~r 8teph~l asked if the Ci~ vae o~lga~ed ~o oon~inu4.
H~t~g res~nded that this was a 6 year ~itment.
T~e {oll~ing Resolution vas presented:
XmSOqO XON
Wli~t~A~, it is necessary for the City of Denton to
&ut~orize sub~iaaion of an applioation to the Texas Criminal Justioe
Division requesting a Crime Prevention Program~ and
~, Senate Bill 127 van pisig to enable ~he Criminal
Justice Division ~ ~nister on a Itatevide level criminal Juati~
p~rail; ~d
~ tAe city o~ ~enton Is eligible ~o ~eive s~oh
~ds ~d is desirous ~o p~te ~he ~bli~ sa~et~ ~d well-being o~
its City ~ough ~Ae ~educ~l~ of cr~nel and
~, the City of DenOn dssices to ceduoe ~fie oci~
BB IT ~OL~D BY THE CITY ~CIL OF T~ CITY O~ ~N~ ~
T~t ~e Cl~y Co.oil oi the Cl~y of Denton, Texas,
oerti~ies ~hat the City ia eligi~e to =ecelve these funds ~d has
C inina austlce D~vimion.
SK~ZON Il.
The City Co~cil autO. isis ~d di=ecta ~he City Manager Co
· ep~ealnt ~d act for the City of Denton In dealing with the
C~i~l J~ltice Division fo~ the pu~e o[ this pr~ram.
S~TZ~ Ill t
pr~r~, a ~py of thai ~solu~ion wlll bo forwar~d to the Texas
C~nal ~u82i~ ~ivisi~ ~d ~he No~h Central Texas Co.oil o~
P~SED and ~P~D ~his bhe 28~h ~y of Bepte~e~; 1982.
RICRARD O, STEM~RT, MAYOR
CITY OF DENTON~ TRXA~
ATTEST i
C~RLO%-£m Ar.r.mN, CITY SECRETARY
CITY OF D~TO~ TBXAB
APPROVED AS TO I~GAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTONt TEXAS
31
Chew ~lon~ Stephens se~nd ~l~t the Resol-tion be ~ased, On roll
R~es~g~ "ay~"~ C~ "aye"~ ~ ~yo~ "ayt".
u~n~sly.
~, Slna~e Bill ~27 was ~eed to enable ~ Cgiml~l
~, :~ City o~ Den:on ~s eligible ~o c~eLve such
~, City of DenOn ~l a n~d ~o ~lduol ~he use o~
T~ ~ C~2y Co~c~i o[ t~ C~y of Denton~ Texas,
au~tis~ the sta~ ~ s~lt such a~lioation to t~ ~exas
C~ina~ Justice Division,
T~ C~y Co~o~l au~t~zes ~d d~rec~s t~ CL~y ~anaget ~o
te~res~: ~d ~t ~o~ e~ City of Denton ~n dealing etbh the
Ct~mi~l Jusbi~ O~VlSi~ ~ the ~t~e o~ this
a~Z~ zzz ~
~o X~X~e ~ CX~y*~ ~X~e ~o ~XaX~e ~n ~hX~
~r~r~ a ~ o~ ~h/m ~lolutton wl~l be ~orvarded to ~be Texas
Cti~I Jue2/~ DlVill~ ~d t~ No:th Central
P~BD ~d ~P~ ~htl t~ 28th day off Sep~e~e~, 1982.
· ICN~LRD O. ST~MiL~T, N&YOR
CITY OF DENTON, TEXAS
C. J. TA~LOR, JR., CITY ATTOI~HEY
CITY OF ~011, TEXAB
BY,
Chew motion, stephens second that the Resolution be passed. On roll
3, Ordl~n~ee
A. She Co~ctl ~natdaeed a~ptt~ of ~ Ozdi~nce on
Ha~t~g stated this Ordi~oe a~roved a F~ucti~ iz~ 20
year vesting o~ retiremen~ benelih8 got City o~ Denton employees.
T~ ioll~ing Ozdt~nce ~as preaented~
MO, 82-78
~ ~IN~ ~E~IMG P~TXCXPATI~ OF CITY ~LO~
~I~S ~2.105 ~D 64.202 ~ TI~ ll0B, ~IBED CIVIL
a~le~rger ~t~on, Ai~ord ~e~nd to a~t t~ Ordnance. On roll
o~ vote B~n ~aye"~ ~opk~ni
~usl~. ...... Mayo= "aye". ~tl~
~valo~en~ ~rpo~a~lon,
Mr. Sam Flo~ance~ ~r., Firn~ Sou~hwelt ~y, re. ted
~oil ~h~a was a ~ con.pt a~la~ to the l~ustr~al ~velo~nt
al phyliol~l o~fi~s, labora~riel, etc. The City ~uid not be
the He~th Board.
C~ ~tion, Riddlel~rge~ se~nd to ~eoe/ve ~re in~tl~ on
~=pora~lon. Motion oa~ried unanl~ully.
5. T~ Co.oil ~nsldered die. trion of City probity l~ated
~g the east a~de of Car~oll ~ulevard ~ar ltl ~nterseotion
a~ royal. )
Har~ re~ed ~his item vas plaid ~ ~ agenda et ~he request
o~ ~ctl ~er
Co.oil ~e~ Bi, ken stated t~t ~ ~d ~n a~r~ched ~ a
~ntzac~ asking tel dis~aition ct the p~o~rty
Co.oil ~e~ Hoptins ~eques~ed ~ abstain i~ 2he vote aa he ~n~
~ adjoinin~
Barton ~tion, Ch~ second to disco of 2he pro~rty t~ough
bid process. Mo~ton carried 6 &yes ~d i abstention by Council
~r Hopkins.
6. T~ Co~cil bhen ~nsidered ~ ~ndment ~o t~ ~n~raot
beton the City of DenOn ~d the federal qover~ent regarding
~i2s ~d abate ~intenance of recreational ~iltt/ee at
~ber ts,
Utility Dlreato: Nelson rear,ed ~o the Cocci1 that the
contract required l~al s~naors to ~y 50% of ~he recreational
f~l~ty ~nstruotion ~d 100% of the ~ntenance. The cities of
3.3
DenOn and Duller have negotiated with the Co~p of Ungineers end the
State regarding payment ol the oonst~uction and maintenance. Nelson
requested time Council to approve the amendment and to allow the City
Manager t~3e flexibility ~3 eign the a~reement when it was returned
~s there might he ~ome ~ording o~tnges,
CAev motion, nerton second to approve the amendment as presented hut
if changes wars made, ~o have the contract brought back to the
Council. ~lotion ~arrl~d unanimously.
7. The Council then ~eooneidered the funding for the Domino
Hell.
Council )lend,er Chew stated that he would like to see the Council
lmonor the verbal ag=cement made to fund the Domino Hall.
Les Ho~.end,
number o~ pleMers that used ~e ~omino Hell, appeared s~ating the
and utility bills, fecllit~ and the co~t o~ Janitorial
Stephens motion, Chew second to have the City Staff look at poesible
utility seeings and make re~ommandations, action carried
unanim~usly.
~. The Council ~oneidared the City I~anege~'s recommendation
individaele to ~ill vecanoles on ~he Civil Service Conmieeion.
aert,un~ recommended to th~ Council that t4s. Donna Jeanes be
reappointed for another 3 yeer term on the Civil ~ervice Commiseion.
Stephenl ~otion, Che~ ~econd ~ approve ~he reco~endatl~. ~tion
There ~as ~ o~l~ial action on Ex~tive Session
A. Leqal
C. ~e~el
D. B~d Appoin~ents
10. Mo ~ i~e~ of ~si~sm fo= future agendas were suggested.
Tbs Co,oil adJour~d into Rx~utive Session at 7{49
0426~
CITY OF DENTO~ CITY COUNCIL MEETING MINUTES October 5,
Work Session of the City of I)enton City Council on Tuesday, Octobt~' 5, 1902,
at 5:00 p.m. in the Civil Defense Room of the Montctpal Building.
Utilities Director, Robert Nelson, introduced Assistant Utilities Director Mr.
Helm to the City Council.
1. Dlacus$ton of the Proposed Bond Election.
The Council beard a report from Rick Svmhla regarding staff's rec~unendation
far a $4.1 million street bond election at mn lncrelsed tax cost of 5¢ par
SXO0 evaluation. $vehla further stated that this could be extended over a
five y~ar pe~toU.
The proposal was discussed by the Council. It was felt that the street bond
election should include the C.I.P.
City I~en&gor, Hartung stateu thlt the C.I.P. would not affect the rate of the
t&x increase. Pd~ditionally, it was felt by the Council thit the street bond
election would be strengthened by the inclusion of the C.I.P.
Ch~w auggested thit the bond election be based on a meaning~'ul
"we go up to 7¢-0¢". He further stated that he f~els the needs o~ the public
must be met.
~on suggeste(~ that the bond election be held for the total num,)er of
dollies needed regardless of whether or not the increase would be higher thin
the estimated 5¢. He further stated that the City needs to d~ all the work
that Is needed, not Just a part of it. The increase beyond the 5¢ would allow
for Sis.
Svehla asked for clarification from the Council regarding their direction as
to whether or not the bond election should be for more than a ~ increase.
Mayor Stewart asked for i motion to increase the tax increase to cover "the $7
million list" of street and drainage rep&ire. Chew mottona<~ that a resolution
be presented detiiling the bond election proposal to cover "the $7 million
list". Barton seconded. The motion passed unanimously.
The Council convened into Executive Session to discuss LegAl Matters, Real
Estate, Personnel and Booyd Appointments.
The Council convened into the Regular Called Meeting at 7:00 P.M. in the
Council
PRE~NT= Ma~r Stewart, Ma~q)~ Pro Tam Stephens, Council Me~bers Barton,
Hopkins, Alford, Riddlesperger, and ChewG City Manager, Assistant
City Attorney, Deputy City ~ecretary.
1. The Council considered the apprev&l of the Minutes of the Specttl Called
Meeting of Septe,~er 14, 1902, and the ~gular Meeting of Se~ember 21,
1~8~.
Hopkins motioned that the Minutes be approved as presented. Alford seconded
the motion. Motion carried unanimously.
~. Consent Agenda:
Meyer asked for afly deletions on the Consent Agenda.
Hopkins asked Purchasing Atjent, John Me, shall to respond to Item fA~l.
Hop&ins osked from w~at account these repairs ware to be paid. He further
asked whether or not these repairs were done on an ~nnual contract basis.
Ctty of Denton Ctt, y Counctl I~eettng Htnutes
October 5, 1 a2 35
Page Two
Harsha]] rsspo~ded that ~ ~p~t~ ~e ~eed on ~ ~nu=~
Oasis. ~ ~port~ that t~ cost for s~td ~pal~ was less by dotng th~ on
~sa ~ rater ~n se~J~ M~ ~ad ~patr out ~ ~ sep~te btd. In
~hese
~t~ ~t~ed ~ ~ ~ ~s~ igend~ as t~ was p~san~ed, Bar,on
s~o~ t~ mo~t~. ~ a~val o~ t~ c~sen~ agend~ ~as
A. Gfds ~d Pu~ise
1. ~val of ~ Ft~1 Plat ~ ~o~ 1OR, 81oc~ 11, ~sle~
~On. (T~ P~lng ~ Z~ng C~tsston
~wl.)
· mwl. )
C. C~ 0~:
1. ~n~l~r ~ ~ ~1 - ~tract A Cu11~ Constructt~
~m~. (T~ Public Uttllt~ Board re~5 ~pp~wl.)
3. C~r Ch~ O~r ~2 - Contract A Cu11~ Construction
~3. (T~ Publlc Utt11~ Board rec~s apparel.)
~ertc~ V~t~r~s ~tatl~ ~l~tng the moth of October, as D.A.V.
mg~tng ~qutrtng h~t~ st~cke~ for 11c~se pla~s.
~se sttck~r~, ~, "~s ~ m ~ ~t have
Thu~, F~t~ ~d Saturn. ~s ~c~dad by t~ D~ton A~ ~rvtce
clostng tl~s ~
T~ a~1t~ clostng t~s ~s c~s~ a 77~ ~kly ~ ~ur loss tn
3. T~ club ~ ~ ~tng t~tr ~st~ss ~ Dallas. As
t~s. t~ local ~1t~ ~p~nt ~ s~n ~ tncr~se ~n the n~er
4. Crt~ tn prtw~ clubs ~s t~ra~s,d. T~ a~rller cluing
~ ~fu11~ ~ult tn ~ d~sa. H~ver, ~ n~er of calls ~o
t~ slx ~t ~1~ c1~ ~ t~s~.
5. ~1t~ calls w~thtn ~ block of ~ha ~st ~pular clubs ha5 ~lso
t~sad. Polt~ ~e ~tttng ~a calls for dtsturb~cas.
~ ~ken~s5 ~tt~t~ b~ ~ tncraasa of ~.
Ctty of Denton Ctty Counct~ Heetlng Htnu~es
~t~ber 5,
Page ~ee
6, T~ D~EC ~es ~t f~l t~ ~bl~c ~ ~11 ~nf~ ~ut t~ Iss~s
wh~ t~y were asked to vote.
Rt~les~ ask~ Gom~ tf ~ felt that [~ 26~ dec~a~ In ~ns~tlm was
w~t wM cons~ betw~ t~ ~urs of [2:~ Mtdnt~t ~d 2:~
G~ msp~ded t~: ~ was ~t saytng that. Rater, ~ stated t~t
~tnktng h~ b~n ~v~ ~ t~ streets ~d/or Dallas.
Rt~l~r ~ld ~ that t~ Cttx Counctl ~uld ~t ~dtnartly ~v~se
t~ ~ctsl~ of t~ p~ple. Fu~her, he stat~ that ~ vo~ ~ this at the '
t~ of ~ts ~[tng ~uld =box t~ Co~tl
Rtddlesp~ger q~stlon~ G~= a~ut his sta~nt of wanttng the l~get'
~u~ m ~ly Thusly, Frl~y ~d Satu~ay ntghts.
6~= stat~ that t~se ~ t~ thr~ ~slest nt~ts of the ~k.
&~ c1~ hts ~ear~ by Inviting t~ Co~1 ~ asslgn a staff ~e~
~ t~ task of ~ese~tng t~ socto-eco~tcal Issues relating to the ~rlter
vs. lair club cl~tngs.
4. T~ Co~cll eecelv~ a m~: f~ ~effmy Hale, 2[6 Fry Strut,
T~M, ~g~tng a Petttf~ ~ the City ~unctl Regaedtng
t~ Crisis ~ntee.
Hr. Hale sta~ that was ~slg~ted by a g~up of petttt~ers ~ a~ear ~fore
t~ ~unctl ~d ~st t~ relocation of the Crtsts Center to ~ot~r ~a
t~ OttO. He sta~d that t~ ~st~nts tn t~ ~t~boe~d ~e f~ful
t~tr s~fety ~d security of t~tt p~perty. FurOr, ~ ~q~s~ t~t the
Co~11 ~ke hta ~are of t~tr ~ctst~ reg~dtng hts
~. H~le stat~ that them ha~ b~n ~ burgl~tes ~ ~stdents tn the
~t~od, i.e., ststees Wtl~n =d Aldrtch, stx ~ks ago.
Ctty N~a~e, Ha~g sta~ that ~ h~ ask~ t~ Poltce Chief foe
t~1~ m~dtng ~X ~tm1~1 ~ttvttx m~dtng instants of t~ Crtsts
Centee, ~ no~ ~ mpo~.
Rt~les~r ~k~ Hale tf ~ k~ ~ ~h ~ex has ~ lnv~t~ t~o
Crtsts
Hale sta~d :~t ~ did ~: have that lnf~matt~, ~ver he k~ that that
pa~tcular locatt~ ~ ~us~ at least th~ different activities. ~ stated
t~[ ~ ft~t ~ase ~s a sutct~/~ug ~tsls ~ntee ~tch ~ast~
a pl~ f~ ~les~nts ~d
~t~ uk~ If t~re was ~e ~ mtght ~ ~la to ~s~r ~ ~stl~s
~ut t~ ~ttvtttes of :~ ~nter.
Hale ask~ t~ Council f~ t~att~ ~dlng t~tr ~ctst~, ~nd ask~
~ ~u]d ~ notified.
T~ ~ sta~d that ~ ~ctston ~uld be m~e unttl ~e tnf~tt~ had
b~n obtat ned.
Cttx ~a~t, H~t~g s~g~ted to t~ ~Zot that t~ a~eal ~ t~ ~dl~
~ s~ If ~ f~ t~ Crtsts Cen~ was available for c~nts.
M~ uk~ If t~te ~s a Crtsts Center ~pmsentattve tn the ~dt~ce.
~Pmla V~g, Asslst~t 0tr~ of t~ ~lsts Cen~r~ ms~ to
Ma~s mq~st. S~ ask~ Rf~les~get ~ msta~ hts q~stt~.
Rtddlesp~g~ asked "h~ eu~ ao~x has be~ tnves~d In the Crtsls Caner".
V~g sta~ :hat s~ dtd ~t ha~ that tnf~tt~ ~adtl~ available at
thts tt~. H~ver, s~ ~uld be ~1111ng to p~vt~ thts at a lair
~ m~ted that at this tt~ t~ Center ts ~ ~cx s~l~r
old to [7 xe~ old ~ouths w~o h~ve b~n a~s~ ~/or tarn~ out of thetr
Rt~les~t asK~ tf [~ ~tldren ~te sup~vts~. V~erg stat~ that
t~ chtldr~ ate sup~vls~ constantlx ex,pt for all but ~ half ~ut pet
daX. T~X ~e all~d thts tt~ ~ go ma~ from t~ ~ntet ~ :~ stote~ etc.
~tt~ut sup~vlston.
Cttx of ~enton Cttx Counc11 Neettng Minutes
October 5, lg8~
Page Four
Van£mberg further st&ted that regarding the burglary Incident, the person in
queitton is not. sssoctated with the Crisis Center. She further stated that
the ~oman ~no was burglarized ~s ~able to give a positive identification of
the perpetrator-. She stet~i furthee that the incident has not been closed,
Barton asked for an mpo~ to the Council at the next Council Heating giving
details of the b~get, and activities of the Crtsts Center.
Van£n~arg stated that she ~uld be wtlllng to a~pear hefm'e the Counctl on the
[2th of Octobm-.
CttX Hanage~, Hartung ~sked VanE~berg to explatn the mutlne Interactions
between the C~tsts Center and the Poltce Departaent.
VanE~erg stated that the Crtsts Center alwaXs reports anX runav~s to the
Po]ice Oepirl;nent even tf they are altsstng for a short whtle. This results tn
the Poltce Oeparl~ent being tn a posttton to keep abreast of any potential
problems.
Hop~tns asked YanEmherg what she felt the success rate at the Center was.
YanE~berg stated that she feels that the C~untty has chosen to tgnore the
probler~ of the al~sed chtld. The Center has seen residents on to ftnd
success ~nd have had ~ return for further counseling.
..Ha~or asked fee a staff report frae ~eff Hayer regarding fundtng through the
Human Resource Board. HeXer reported that the Crlsts Center appears before
the board every ~ar requesting funding. Hcavever, he further stated that they
have &lwa~s been turned dakin.
In responding to the zonlng lssue. 14e~et stated that the center is legally
zolled. Further, he stated that this t)l~e of an operation can be legally
located in sany resiclential areas tlv'ougheut the City.
Kt,vor asked t¢ the C~tsts Center ii ~eettng the criteria of the zoning
ordinance no~ in existence.
He,er reSlx~ded that the Center ii tndeed meettng all of the zontng
regulations as specified by the currant ordinance in force.
~. Resolutions:
A. The Council considered a resolution leastng City P~operty Located on
the Northeast Corner o¢ Dallas Drive and bitllow Sgrtngs, to
ceo~s-~olden Distributing Company to Accoemadete a Recycling Center.
The ¢o11~tng resolution ~as presented:
RE SOL.UT [ ON
BE IT RESOLg[D BY THE CITY COUNCIL OF ~E CITY OF ~, TE~:
The ~or ~ t~ CttX of DenOn, Texas ~s h~bX authorized
~d di~d ~ e~u~ ~ ~alf of ~ City ~ ~nton, Texas,
a L~se ~nt bet~ the City of Oen~ and Coors~lden
Distributing C~y p~ty l~a~d ~ t~ ~rt~ast ~rner of
Dallas ~t~ ~ Wtll~ Sprin~ ~ ac~odate a recycling
~nter.
P~SED ~ ~VEO this t~ 5th day ~ Ocli, 1982.
RZCH/~) O. STEWART, ~AYOR
CITY OF OENTON, TEXAS
ATTEST:
C'~U~LO~E ALLEN,' CI~'Y SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FDRM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
City of Denton City Coun¢tl Heettng ~tnutes
~tober 5, l g8~
Pa~ Ftve
Devtd E11ison spoke for the staff.
Che~ mtton, B~rton second that the Resolution be passed. On ~oll call vote
iiarton 'aye", H~pktns "aye'° Stephens, "aye", Alfor~l, "aye", Rlddlespe'ger,
.~m, CheW, "aye", and Mayor Stewart, "aye'. )lotion c~ted unanimously.
The Counctl considered approving a Contract wtth Black and Vemtch,
Consulting Engineers, for Mtscollaneous Engineering Services for Federal
Energy Regulatory Coamtsston (FERC) Licensing Activities on Ray Roberts
~nd L~ke Lmisville Ityciroelectric Untts. (The Publtc Utility Board
rer. ammends approval.)
Bob Nelson spoke for the staff.
Nelson mported that this contract has been mcommended for approval by the
Public Utility Board.
C~ motioned to approve the contract. Alfard seconded the motion. The
moticmed carried unanimously.
7. The Council considered the approval of a Contract with Freese ond Nichols
for Engineering £valuatton of Location ~nd Schedule for Water T~e~tment
Plant Expansion. (The Public Utility Board ~ecommends approval.)
Bob Nelson spoke for staff.
Nelson reported that that it will be necessary to add to the water plant in
future years. He further stated that the m~Jor concern at this ti,,- wes the
location of the facility. I
Nelson ~eported that the oontract with Freese and Nichols would not exceed
Hopkins questioned Nelson regarUing the possible futur~ sale of water to
adjacent communities.
Nelson mported that this was not the intent of the City at this time.
Martung, stated that as the City of Denton approeches other cities for
discussion, it is not to enlist in selling them water, but rather to discuss
their needs and possible supply frae Dallas.
Rid~lesNrger motioned that the contract be accepted. Che~ seconded the
motion. The motion was carried unanimously.
8. The Counctl c~nsidered Environmental Protection Agency ~rant ,~mndment for
Phase III of the Indus~t&l Pretreetment Prog, m. (The Public Utility
Board recom~qds ~pp~oval.)
BOb Nelson spoke for staff.
Nelson state~ that the City is ready to move into Phase III of the program.
The cost of this contrmct is $48,67B.00 less the EPA's Share of $36.S08.00.
Stel~nens motioned that the c~tr&ct be ~roved. Che~ seconded the mtton.
The motion to approve the contract was approved unanimously.
g. Offtctal Action of Executive Session Item:
A. Legal Matters
1. The Council considered adoption of e Resolution on the formal
action on Law Suit Settlement and Land Purchase
City of Denton City Counc11 I~ettng Minutes
October 5, 1982
Page Six
The following R~solution vms presented:
R,E $O~,UT I 0 N
~EREAS, the City of Denton, Texas is the d~fendant in a certain
Cause of ~tton No. 81-673g-B styled Felix W. C&llahan, et al v. City of
Denton, Texas in the 158th Judicial District Court said Cause of Action
involving the title to a l?.g3 &cra tract of land described in Volume 463,
P&ge Z~ of the Da~d Records of Denton County, Texas and the title to a
roadwa~v easament described in Volume 472, Page 263 of the Deed Records of
D~nton County, Texas; ~nd
~, the City Council has heretofore instructed and authorized
the City Attormy to institute cofldannetlon proceedings to acquire the fee
simple title to said 17.g3 acres of land and the fee simple title to said
roadway easement; and
WHERF.~S, the City Council has found and determined that it would be
in the best interest of the City of Denton to acquire approximately 75 acres
of l~nd owned ~y the Plaintiffs in the above styled and numbered cause
situated around mhd ad.l~cent to the 17.93 ac~e tract of land; and
W~EREAS, tho City Council finds and determines that it would be in
the best interest of the City of D~nton to acquire said approximate 75 acre
tract of land by the tmtttution of coadeamatton proceedings against Felix W.
Callahan, at ml to ~qutre the fee simple title to said 75 acre tract of land;
NOW, THEREFOitE,
mE ~T RE.~OL¥~D mY THE CZTY (3~JI~ZL OF THE CXTY OF DENTON, TEXA~:
S ¢TIO
The City Attorney be, ~nd he is hereby authorized and directed, to
enter into m mgrl~d Judl]ment in Cause No. 81-6739-B styled Felix W. Callahan,
et &l v. City of Denton, Texas in the 158th Judicial District Court of Denton
County, Texas wherein the fee simple title to said 17.g3 acres of land is
a~arded to the City of Denton, Tex~s and to further enter into an agreed
Jud~ent and/or contract of sale from Felix W. Cmllaban, Lotta E. Call,ban Ann
C. Stark, Robert W. Callaban and james E. Cmll~han to acquire the additional
)5 acres of land (mppreximmtely) for a total consideration ~nd cost to the
City of Dent. on of Four fiund~ed Thousand Dollars ($~)0,000.00) in settlement of
Cause No. 81-$739-B and in full payment for said additional 75 acres of land,
the said 7B acres to be a)flvey~d free and clear of &ll liens, and the Judgment
condemning the 17.g3 acres in fee simple title frae and clear of any and all
~stricttons and covenants herein above s~t out in Volume ¢63, Page ~60 of the
Deed Recoils of ~ton Count. y, Texts.
A~ furthe~ consideratim for the conveyance of the above described
additional property, tim City of Dento~ ha~by agrees to construct across
P~can Creek a l~ ~te~ d~ in ~ a~oproxt~te cos~ of Thirty-Three Thousand
This resolutim si~ll I~co~e effective tm~diately fr~ and after its
PASSED AMD APPROYED this the day of , 1982,
R~Cd~.~RD O. S~WART, FJ~YOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLO'~'E IALLEN, CITY ~I~CRETAR'T'
CITY OF DENTON, TEXAS
APPROVED AS TO LEi~U. FOP, H:
C. ~1, TAYLOR. ~R,~ CITY AI'rORNEY
CITY OF DENTON~ TEXAS
BY:
Cff. y of ~nton C~ty Counc~ 14eating H~nutes
October 5, 1982
P~ge Seven
Hopktns motioned, Che~ seconded that the resolutto~ be passed, on ~o11 call
vote Bal"con "aye", Hopktns "eye", Stephens "aye", Alford "aye", Rtddlesperger
"~'e", Che~ "aye", Hayer Stewart "eye", the morton passed unanimously.
B, Real Estate
1. Formal Action on Land Purchase
The follwtng Resolution w~s presented:
RE S. OL UT Z ON
BE ZT R~OLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
The Ha,yo~ t5 hereby authorized ~nd directed to execute on behalfof tho
Ctty of Denton, Tex~s tbe following real estate sales contracts:
1. Contract of Sale bet,~een the ¢tty o~ Dent,on and Earl T. Edwards and
wtfe, Ruth Edwards for One Hundred Etghty- Seven Thousand Dollars
($187,000.00) for 116.Z¢2 acres of land;
2. Contract of Sale batsman tile Ctty o1' Denton and Earl I. Edwards and
wtfa, Ru~h Edaards for Two Hundred T~enty Thousand Dolllrs
($22:0,000.00) for four houses and 2,6722 acres of 1&nd;
3. Contract of Sale bet, ween the Ctty of Dent,on, Texas a~d Robert E.
Edwards and wtfe, Elatne Edwards for Ptft,y- Two Thousand Dollars
($52,(~.00) fo~ one house end 0.467 acres of land.
4. Contract of Sale between the Ctty of Denton, Texas a~d Htlltam
Edaards a~d wtfe, Pamela ,1. Edam, ds for Stxty Thousand Dollars
($60,000.00) for o1~ house and 0.501 acres of land.
5. Cent,tact o1' Sale between the Ctty of Dent. on, Texas ~nd Robert E.
Edwards and wtfe, £1atne Edwards and kltlltam klean Edaards ~md wife,
Pamela ~. Edaards for One Hundred Forty-One Thousand Doll~'s
($141,000.00) for four houses and 1.926 acres of land.
6. Cent,tact of Sale between Rtchard Clark Sholton and wife, 14.vrtle
Elizabeth Sheldon for Fo~y Thousand Dollars ($40,000.00) ~or one
house and 0.473 acres of
A copy of each of sstd contracts betng attached hereto ~nd made a pert
hereof for all p~rposes.
Thts resoluttofl sh~11 become effective fr~m and after 1ts date of passage.
P~ ~O APPROVED this the .. day of , 1982.
RICHARD O. STEktART, HAYOR
CITY OF DENTON, TEXAS
ATTEST:
~HARLUlIC. ALLEN, CITY SECRETARY
CTTY OF DENTON, TEXAS
APPROVED A~ TO LEGAl. FORH:
C. ,.1. TAYLOR, ,~R., CiTY ATTORNEY
CiTY OF
BY:
C. Personnel
D. Board Appointments
Clt~ of Denton Clt~ Counct; Heettng Hlnutes
Octol~er 5,
P~ E~ght
vo~ Bar~ ~, ~pktns "~ee~ S~ph~; "a~e", Alfotd "~e". Rlddles~ger
"~", C~ "~e~, H~ S~t ~., t~ ~tton pused un~t~usl~.
10. N~
T~ fo1~t~ 1~ rare ~sted ~ Cou~tl ~ers f~ ~utuee agendas:
BarOn -- wMts a ~po~ ~ t~ status of the Crtsls Cen~r budget, tnc~,
Ho~t~ -- tntttm ~xat~m ~ed~s for t~ ~1~ ~rchas~ pro~rt~
f~ t~ s~1t~ 1~dftll ~1~ {E~a~s& Callah~
Alf~d -- ~lutt~ ~gntztng ~pt~ H~k"
The Counctl ~urn~ tn~ ~ttve ~sst~ at 8:27
Cll~f COt~NCIL ~ETXNG MINUTES
October 12, ~2
Work Session of the City ot' Denton City Council on Tuesday, Octoher [~, ~2,
at 5=~ P.M., In the Civil ~fense R~ of the Municipal Building.
T~ Co~cil received a ~p~t from Rick Svehla, regarding t~ pro~s~
alerts. Svehla e~l~lned that the original figure of $7 mtlli~ dollars
t~t ~s diseased tn ~ was ~ l~,~r a tr~ ftys. Rater,
th~ d~ ~ t~ tncrea$e tn supply ~d l~bor ~sts t~ ~unt n~ to
t~ ~co~ded street renovatl~$ was ~.~ mtllt~ ~llars,
Svehl~ explained that the~ was a p~sibiltty that the City ~y r~tve
~sst$~mnce f~m t~ State Highway ~p~t~t ~wards t~ ~d of
furor suggmst~ that t~se fu~s could ~ us~ in m~ktng s~ of t~ n~
rap~t~ ~ L~ust ~d Elm S~eet~.
~uncilp~son S~ns asK~ if A~ (bet~an Ful~n ~d ~mrd) was includ~
tn t~ ~rrent
S~la stated t~t tt was ~t. He stated, ~ver, that ~ ~uld ~rtatnly
l~k ln~ the conditions of this ~t~et ~l~g with the costs ~het ~uld
t~olv~ in its ~patr, ~d if it ~uld ~ t~lud~ wit~ut causing the
overall costs to r~ ov~ ~ ~uld inclu~ tr.
T~ City ~na~P stated that it wa~ t~ fMltng of t~ staff that tf ~ey wes
available to l~k at ~e of t~ oth~ streets ~d ~ke t~ ne~ssary
renovations ~ards t~ ~d of the p~J~t that this ~uld ~rtmtnly be ~na.
~a City Council c~ve~ into ~ecutive Session to discuss Legal ~tter5,
R~l Estate, Personnel ~d ~rd ~otnt~nts.
T~ City Council convan~ in~ the ~ecial ~alled ~mttng mt 7:~ P.M. In the
C~ncll Cha~s.
~[SE~: ~y~ S~art, Mayor Pm T~ S~ns, Counctl ~ers Ho~ins,
Alfa, Riddlesp~ger, ~d Ch~; City Manage, City Attor~, and
Deity City ~ret~y.
~: Council ~ Barton was out of ~n to attend a Bust~ss ~tlng.
[. Consent Agenda:
~ins ~tt~, Ch~ s~ond ~ a~mve t~ ~sent A~nda. ~ti~ carrl~
un=t~usly.
A. Fill Plats:
1. ~pmval of b~ Fill Replat of t~ Tt~tdge
The M~yor Proclaimed the week of November 7-[4, [982, as Hospice Care Week.
The Mayor presented a proclamation to Virglnta Edwards declaring the week of
October [7-Z3, [98Z as "National Business Wamens Week".
The City Council revetved a report from Roland Harvey, Executive Director,
Denton Area Crisis Center. Mr. Harvey stated that the Crisis Center deals
with extreme to minor psychological and physical problenm related to ~uths
who have been abused or are in need of shelter. Fu~her, he explained to the
~uncll that the center has three major roles. They are (lB To operate a 24
hour hotline; (2) To participate in interpersonal counseling;(3) To provide a
s~e haven emergency s~elter for youths. Harvey also stated that the center
has received the support of the c~untty, United Way, local Church groups as
well as private d~natio~s.
Ri~lesperger asked if Harvey was aware of the concern raised by one of the
neighborhood .groups regarding clients from the center entering a private home.
Harvey stated that he was ¢~mtliar with this claim. H~ver, he stated that
the s~orvision of the clients is 24 hfs a day. He stated that regarding this
particular case he d~es not feel any ~ar of the center was responsible.
Ntnutes of City ~unctl Meeting of October lZ,
Page
The City Counctl heard e rtpae't ffl~ ~us Sellgm=n. I~. Salig~ann ask~
Counct1 ~ ~fl~ t~ role ~ the ~ble ~ ~vtsory ~ard.
Smll~n stmt~ his ~rn ~d l~k of underst~dtngof t~ Council's
~tions in not ~pting t~ rm~ tncr~a r~en~ by t~ Board.
M~ S~ .~1~t~ ~ ~lt~ that t~ City Council ~s ~ke serious
considermttm ~ f~ts b~u~t ~ the by t~ Bo~s ~d/or ~issions. He
furor stated t~t t~y us~lly, ~t ~t al~. go al~g with t~ ~ard's
Rt~lesp~r mt~rm~ t~ ~'s ~ts. He furor st~ that
~unctl felt that th~ was sufficient support fr~ all of t~ bo~d
~s ~rdt~ t~ ra~ rac~datt~,
C~ a~eal~ to ~ll~n ~ ~stder the Council's position tn ~tng asked
~ s~p~ t~ mc~dati~ ~ t~ ~TV ~ard ~n t~y ~re ~t furnts~d
with ~la~ ~ ~ra~
~lns stm~ t~t t~ data ~t~ ~s mcetv~ ~ t~ Council was already
~hs old ~ bas~ ~ this t~ommtton he ~uld not ~pp~ a ~ate
t~rea~. Ho~t~ mcou~l~ Saltwort ~d t~ ~TV ~ard ~nttn~ ~ bring
t~tr r~tt~ ~ the ~ctl~ [~y felt acti~s n.~d to be taken.
r~alv~ ~d fu~ stat~ t~t ~ felt sound Jud~t was us~ by the
Council tn mt a~mvtng t~ r~dattm m~e by CATV.
3. Ordt~an~s:
A. ~ Cou~tl ~sl~r~ ~optt~ of ~ O~tnance setting t~ rates f~
NO. ~-79
~ ~X~ FXXXNG ~D ~TE~INXN~ THE ~I~ ~LO~5~ B~ZC ~TV
~EYI~ ~S TO 8E C~G~ ~RXBEES aY ~L~N TRXA~E
~ ~RVZ~, ~D XNIT[~ ZNST~TION ~ ~[C S~VI~ BY
~ A ~ E~ZBXT A TO ~1~ NO. 79-1; ~D DEC~I~
~T[~ ~TE.
Alf~d ~tia, C~ S~ded ~ ~opt t~ ordl~ca. On Roll Call V~e
~pktns, ~, S~ph~s. ~, All.d, ~e, Etddlasperger, ~e, Ch~, aye,
~. ~ ~uncil c~slUa~ ~ptt~ of an Ordtn~ ~vtsing the Rules
~d E~latt~s f~ o~mtt~ of T~t C~b ~vl~s ~d t~ pm~du~s
f~ es~bltshing a Taxi ~b ~ tn the City of ~n~n.
T~ foll~t~ ~dt~ce ~s ~sented:
OF ~E C~ OF ~E CI~ ~ ~, ~ R[~TI~ THE ~[~T[~ OF
F~ L~ILZ~ IN~; ~D ~C~RIN~ ~ EFFECTIVE ~TE.
Ho~l~ ~t~, Alf~d Seconded ~ ~ t~ ~din~ce. On Roll Call Vote
~pklns, ~, S~p~s, ~e, All.d, ~, Riddlespe~ga~, aye, Ch~,
Stwa~, ~. ~tt~ arrta un~t~usly
4~age Three
C. The Counctl considered the adoption of an Ordinance Establishing
Polling Place for Single Member District
The following ordinance was I~esented:
NO, 82-8t
AI~ ORDLNANCE NiENDING ORDINANCE NO. 80-76 BY NIENDING SUBPARAGRAPH B
OF SECTION ! RELATING TO THE POLLIIi; PLACE ~N SINGLE NEI~ER D~STRZCT
NO. Z FOR SINGLE HF. HSER DISTRICT ELECTIONS AND FOR C[TY WIDE
ELECT[OHS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
PROVID~N6 FOR AN EFFECTIVE DATE.
Stephens morton, Hopktns Seconded to adopt the ordinance. On Roll Call Vote
Hopkins, aye, Stapl~ns, aye, Alford, Nfs, Rlddlesperger, a3m~ Che~, aye,
Stmart, ~ye. Notion carried unanimously
D. The Council considered the adoption of an Ordtrmnce EstabltsMng Fees
for the Plck-~ and Otsposal of Animal Carcasses.
B111 Angelo represented the Staff. Angelo stated that a rate schedule has
bes~ established that will allow the City to be cml)ensated for the ptckup
dtsposal of animal carcasses.
Counctlperson Stel~ens asked tf this c~arge was sufft¢teflt to cover the actual
costs to the Afltmal Control Oepartment. ae further asked tf the carcasses
wars encased tn a container f~ transport,
Angelo responded that the charge ts sufficient to cover the costs. Further,
he stated that the trtps to pick up carcasses would be scheduled tn order to
allow for the opttnaz~ use of tlma, Further, he stated that the carcasses are
placed in ~odybags.
Che~ asked Angelo to prepare a report showing the Impact this ordinance would
have on the overall City.
Hopkins asked Angelo to Include tn the above report the actual numbers of
carcasses ptcked up and the cost to the City,
Hopkins motioned that this ordlmmce be tabled unit1 further Information could
be gathered and another discussion take place. Chew seconded the motion. The
motion to teble this ordinance for further dlscusslon, The motion carried
unanimously.
E. The Counctl considered adoption of an Ordinance removing Parking on
the North Side of Chan~)ees to Dallas Ortve and the West Side of
Cltft(~l Street to Oallas Drive.
The following ordinance was presented:
No. 82-82
AN OROINNICE PROHIBITING THE PARK%I~ OF VEHICLES ON THE WEST SID~ OF
CLIFTON STREET FRO~I ITS INTERSECTION WITH DALLAS DRIVE TO ITS
INTERSE~ION WITH CHN4BERS STREET; AND NO PARXING ON THE NORTH SI~
OF CHANBERS STREET FRON ITS INTEILSECTION WITH :)ALL/kS DRIVE TO ITS
INTERSECTION WITH CLIFTOfl STREET; PROVIDING A SEVERABILIT¥ CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO ~NDRED OO~; AND DECLARING
AN EFFECTIVE DATE.
Svehla repmseflted the staff and asked the council if there were any questions.
hopkins asked if there was anyone in the audience who would like to speak to
this Issue.
Minutes of City Count11 H~etlng of October :12, 1982
P~ge Fou~
Svehla st.at~d that resldents of thts neighborhood were originally speaking
about, rmovtng perktng on both sides of the street., ha~ever, the Trafftc Board
ls re¢oaemmJlng the ordinance as It now ~eads.
Hopklns motion, Che~ Seconded to adopt, the ordinance. On Roll Call Vote
Hopktns, ~ye. Stephens, a~, Alford, aye, Rtddlasperger, aye, Che~, aye,
Step,t, ~y~. I4ottm carrted unmt~ausl~
4. The Council cans~dered t~ approval of a Fundtng Agreement wtth Denton
Count~ Friends of t.he Fmtl~.
Stel~ns martin. Ctm~ seconded to ~pprave t. tm Fundtng Agreement. The ~otton
~s c~'lml un~nt~ousl.v.
5. The Council cms~dered the approval of a ;uncUng Agreement. w~t.h Services
Progre~ for Aged Needs
Hrs. Ro~-ta Don;v~ch s~o~e to the Council. She st.ated that. tn a recent
su~ve~ done In ~t~Mngton, D.C., SPAN ~s nme~ as one out of n~ne Innovative
Rl~lespe~g~ Not~oned. StalWarts seconded ~o approve
The ;otlan c~rrted unanimously.
6. The Counctl c~s~red ttm a~royal of a Contract ~th Henntngsono
end R1cha~;o~ for Landfill $tte
Ho~tns mot.~oned. Rt~lesperg~ seco~decl to approve t.he contract. The motion
c~rt ed un~nlnmusl~.
7. The Count11 considered the approval of a Contract w~th Ro~e Eng4neer$ for
a L~tdftll Site £valua~ton.
Stephens motioned. C~ skied ~ ~ve t~ contract. The ~tt~ carrt~
un~t~usly,
The Counctl cmstdered the prasent.atton to the Texas Iduntclpal League at
~_~l~.of, t~.~ua] ~ln~ .~por~tng Legts~atlon to Cl~tfy the
~tcal ]~ur~ P~gr~.
un~t~usl~.
11. There ~s no offtctal ~ctton an Executive Sessto~ It.ems:
ii L
egal ~tt.ars
Real Estate
Personnel
ao~d AF~otntm~ts
12. No Nm ]tams of bustness were suggested far future agendas.
The ¢ounct1 adjourned 1nfo Execut.lve Sesston at. 7:59 P,M.
Deputy C~t~ ~C~t.~y
0427C
City Council Minutes
October 1;. lgG2
Joint Meettng of the City of Denton City Council and the Public
Utilities 8oard on Tuesday. October 19. 1982. at 5:30 pom. tn the
C1vll Defense Room of the Muntctpel 8utldtng to recetve a report
from Frees, and Ntchols, Inc., on the long range water supply study
for the Ctty of Denton.
The Counctl convened into Executive Session to discuss Legal
Matters, Reel Estate, Personnel. and Board Appointments.
The Counctl then convened 1ned the Regular Meeting at 7:00 p.m.
the Council Chambers.
PRESENT: Hayor Stewart, Mayor Pro Tom Stephens. Counct1 Members
Barton, Hopkins, Alford. Rtddlesperger, and Chew;
Manager. City Attorney, and Ctty Secretary
ABSENT: gone
1. The Counctl considered approval of the Minutes of the
Spectal Called Meettng of September ZD, 1982 and the Regular Meeting
of October 5, 1982.
Barton morton. HopKins second to spprove the Mtnutes es presented.
Motion carried unanimously.
2. The Counct1 considered a Resolution tn Appreciation of Gwen
Sma1,. The following Resolution was presented:
RESOLUTION IN APPRECIATION
OF GWEN SMALE
WHEREAS, Gwen Smale has given five years of dedicated service
on the Board of the Texas Municipal Power Agency; and
WHEREAS, Sw.n Smala, during her continuous service since
1977. has served as Vice-President of tho Texas
Municipal Power Agency and Chairman of the Audit and
Budget Committee; and
WHEREAS. the Ctt~ of Denton appreci,tes the time. effort, and
dedication that Ms. Gwen Smala contributed as a
Texas Municipal Power Agency Board Member;
NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS:
that the sincere and warm appreciation of the City
of Denton be formally conv. yed to Ms. ~wen 5male in
& permanent manner by spreading this Resolution upon
the official Minutes of the City Council of the City
of Benton and forwarding to her a true copy hereof.
PASSED AND APPROVED this the lgth Day of October, lC82.
RICHARD O. STEWART; MAY~R
CITY OF DENTON, TEXAS
$. CHRIS HARTUNG, CITY MANAGER ROLANd"VELA, SECRETARY/T~EASURER
CITY OF DENTON, TEXAS TEXAS MUNICIPAL POWER AGENCY
ATTEST=
VICKI WESTLING, DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. ~. TAYLOR, ~R., CITY ATTORNEY
CITY OF DENTON, TEXAS
Chew motion, Stephens second that the Resolution be passed, On
c&;1 vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Rtddlespergar "aye", Chew "aye", and Mayor "aye". Hotton carried
unanimously.
3. Consent Agenda
Chew motion, Alford second to approve the Consent Agenda. Motion
caPrled
Consent Agenda:
A. Btds and Purchase Orders:
Bid Pg05[ Denton North Interchange Concrete
2, Bld ~9054 P2 Concentric Cable
3. Bid ~9055 Laboratory Analysts for
4. Btd Pgocg-A Repair Storm Damage to Antenna System
at Municipal Building.
5. Purchase Order f54644 to Calvert Motor Company
8. Change Orders:
Approval of a Change Order to Freese and Ntchols
for the Long Range Water Supply Study for the
City of Denton.
C, Annua; Payment
Approval of the payment of Annual Membership Dues
to the Nerth Central Texas Counctl of Governments
for fiscal period October 1, lgaE through
September 30, [g83,
Chew motton~ Barton second to approve the Agenda Addendum to the
Consent Agenda. Norton carried unanimously.
Consent Agenda Addendum:
A. Approval of an [ndepandent Contractors Agreement to C.
H. Rodgers in the Amount of $16,350 for Consultant
Services for Na~or Repatr of Turbine
8. Approval of an Zfldependant Contractors Agreement to
6choral Electric Company for $8,370 for Consultant
Services for Nador RepatP of Turbtne
4. The Counct1 considered approval of the ftnal plat of the 8.
F. Price Addltlon.
Devtd E11tson of the Planning and Community Development Staff
reported to the Counctl that a variance was betng requested by
petitioners to waive the usual matnten&nce bond on a portion of
Rtney Road as no record of a formal street dedication could be
located. The Planntng and Zoning Commission recommends the waiver.
Mr. Wtlllams Sellers of Rtney Ro&d, representing the petitioners,
appeared before the Counctl to request the ~ond be waived as ~t was
cost
C~ew motion, Hopkins second to approve the ftnal plat wtth the
watver. Eotton cerrted unanimously.
5. The Council considered approval of a Community Development
Block 8rant ~ppltc&tlon and authorlzatlon for the Mayor to execute
the application.
~ff Meyer of the Plannfng end Community Development Department
reported to the Council that the Committee had only 2 weeks notice
to prepare the application.
Ms. ~o Luker, Chairperson of the Community Development Block Grant
Coutttee reported to the Council that the required public hearings
had been held to discuss which homes in Denton would be eligible to
receive renovation. The Committee was recommending in the
application to rehabilitate those homes that were worth saving, to
deaollsh those structures which were unsafe and unsightly, and to
renovate some homes to be used as low to middle fncome housing.
Stephens motion, Chew second to approve the application and to
authorize the Mayor to execute the application. Motion carrted
unanimously.
6. Mr. Bill Holloway appeared before the Council reg&rdtng the
renaming of the Denton Publtc Library to the Emily Fowler Library.
Mr. Holloway. son-in-law of the late Mrs. Fowler. stated that the
Library had been and stt11 was a source of pride to his famtly.
Mr. Bob Coldwell urged the Counctl to pass the proper Ordinance to
rename the Library the Emily Fowler Publtc Library.
Ms. MarJorte Nomanen stated that when the Ltbrary had originally
been named for Mrs. Fowler, a commitment had been made and the
Council should honor that commitment.
Alford motion, Chew second to refer the m&tter to the Library Board
for their recommendation. Motion carried unanimously.
7. Public Hearings:
A. Z-1540. The Council heard the petition of Fred H.
Deal representing Denton 288 Associates, requesting a change of
zoning from agricultural (A) to planned development (PD)
classification on 1~2.88 acres of property beginning at the
southe&st and southwest corners of East McKtnney St. and Loop 288
and extending southward approximately 2175 feet along both sides of
Loop 288. The following land uses are proposed in the request for
pl&nned development (PD) zoning:
Single family detached residential -- 15.8 acres
Single family attached residential -- la.la acres
Multi-family residential -- 34.85 acres
General retail -- 15.15 acres
Greenbelt and/or Open Space -- 25.41 acres
Proposed collector street -- 4.51 acres
Mr. Fred Deal spoke in favor of the pe~ttian stating that it was the
Intention of the Denton 288 Associates to develop thts area as soon
as possible now that Ctty services were available.
Council #ember Chew asked if the developers were willing to abide by
the g recommendations that the Planntng and Zontng Commission had
made to them. Mr, Deal replied that they ware.
No one appeared tn opposition.
Meyer of the Staff stated that this development had been under close
scrutiny by the P&Z because it was a large and diversified
development,
The Mayor closed the Publlc Hearing.
1, The Council considered adoption of an ordinance
changing the zoning from agricultural to planned development
classification on the 11~,88 acres along both stdes of Loop 288,
The follow~ng Ordinance was p~esented:
NO. B2-83
AN ORD[NANCE ANENDIN$ THE ZONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO.
69-1, AND AS SAID NAP APPLIES TO APPROXIMATELY ~12,88 ACRES
OF LAND OUT OF THE N.E,P. & P.R.R. SURVEY, ABSTRACT NO.
9~7, THE N. L. AUSTIN SURVEY, ABSTRACT NO. 4, AND THE N.
YOACHAN SURVEY, ABSTRACT NO, 1442, DENTON COUNTY, TEXAS;
AND WORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motion, Chew second to adopt the Ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Rtddlespe~gar "eye", Chew "aye", and Mayor "aye". Motion carrted
unanimously.
8. Ordinances
The Council considered adoption of an ordinance
A.
setting a date, time and place for & public hearing concerning the
proposed annexation of approximately 63.89 acres of land located
along the east side of Waybill Road north of the Andrew Corporation;
and authorizing and directing the Mayor to publish notice of such
publlc hearing. (Z-1541).
The following Ordinance was presented:
NO. 82-84
AN OROZNANCE SETTINE A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY DF DENTON,
TEXAS, AND AUTHORIZING ANO DIRECTING THE MAYOR TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING.
Stephens morton, Hopkins second to adopt the Ordinance. On roll
call vote Barton "aye", Hopktns "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously,
B. The Council considered adoption of an ordinance
setting a date, time and place for a public hearing concerning the
proposed annexation of approximately 63.89 acres of land located
along the east side of Mayhtll Road north of the Andrew Corporation;
and authorizing and directing the Mayor to publish notice of such
public hearing. (Z-154~).
The following Ordinance was presented:
NO. 8Z-85
AN ORDI#ANCE SETTINa A DATE. TINE AND PLACE ON THE PROPOSED
A#NEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON,
TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING.
Rlddlesparger motion, Alford second to adopt the Ordinance. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye',
Rtddlesperger "aye", Chew "eye", and Mayor "aye". Motion carried
unanimously.
g. The Council considered adoption of a Resolution to remain
at the existing landfill site et Crossroad, Texas.
The following Resolution was presented:
R E S 0 L.U T I 0 N
WHEREAS, the City of Denton is in the process of purchasing
land for a new landfill; and
5O
gHEREAS, the Ctty of Denton is now p~epa~tng plans and
specifications fo~ submitting an application to the Texas Health
Department for such new land¢tll; NOW, THEREPORE,
BE XT RESOLVED BY THE CITY COUNCIL OF THE CXTY OF DENTON, TEXAS:
SEC~ZON I.
The Ctty Counctl of the City of Denton hereby resolves to
remain at the extsttng landft11 site in Crossroads, Texas only
unttl the new landft11 stte Is permitted and the City of Denton
can commence the use of the new landfill site tn Denton, Texas.
SECTION II.
The City Counctl resolves that the City of Denton wtll
follow the plan submitted to the Texas Health Department on
August 30, 1982 and/or any other adjustments or changes that the
Texas Health Department deems necessary for the continued
operation of the landft11 in Crossroads, Texas.
PASSED AND APPROVED this the ... day of , lg82.
~ICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST=
VIII~KI' TdESTLING, D~pIU'TY
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORH:
C. O. TAYLOR, ~R., CITY ATTORNEY
CITY OF DENTON, TEXAS
6Y:
Chew motion, Hopkins second that the ~esolutlon be passed, On
roll call vote Barton "aye", Hopkins "lye", Stephens
Alford "aye", Rtddlesperger "aye", Chew "aye", and Mayor "aye".
Morton carrted unanlmously.
10. Ordinances (continuation of Item re)
C. The Council considered adoption of an ordinance
setting a data, ttme and place for a public hearing concerning the
proposed annexation of approximately 111.72 acres of land located
along either side of F~ ~830 beginning approximately 200 feet south
DP Hobson Lane; and authorizing and directing the Nayor to publish
notice of such public hearing. (Z-1542)
The following Ordinance was p~esented:
NO, 82-86
AN ORD[NANCE SETTXNG A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON,
TEXAS, AND AUTHORIZING AND DIRECTING THE HAYOR TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING.
Hopkins morton, S~ephens second to adopt the Ordtnence. On roll
call vote BaPto~ "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Rtddlesperger "aye", Chew "aye", and Hayo~ "aye". Motion ca~rted
unanimously.
ell
5!
D. The Council considered adoption of an ordinance
setting a date, time and place for a public hearing concerning the
proposed annexation of approximately 111.72 acres of land located
along either side of FM 1830 beginning approximately 200 feet south
or Hobson Lenel and authorizing and directing the Mayor to publlsh
nottca of such publtc he&rlng. (Z-lB42)
The following Ordinance was presented:
NO. 82-87
AN ORDINANCE SETTINg A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON,
TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBL[SH
NOTICE OF SUCH PUBL[C HEARING.
Chew morton, Hopkins slcond to adopt the Ordinance. On roll call
vote Barton "aye", Hopktns "aye", Stephens "aye", Alford "aye",
Rtddlasparger "aye", Chew "aye", end Mayor "aye". Motion carrted
unanimously.
r~ E. The Counctl considered adoption of an ordinance
(.~) approving the 1982 appraisal rolls as approved by the Appraisal
Review Board of the Denton County Appraisal Dlstrtct
·
The following Ordlnance wes presented:
NO. az-a8
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE
198Z APPRAISAL ROLLS AS APPROVED BY THE APPRAISAL REVIEW
BOARD OF THE DENTON COUNTY APPRAISAL DISTR]CT.
Rtddlesparger motion, Alford second to adopt the Ordinance as
amended by the exemptions. On roll call vote Barton 'aye", Hopktns
"aye", Stephens "aye", Alford "eye", Rtddlesperger "aye", Chew
#aye", and Mayor maya". Motion carried unanimously.
F. The Counctl considered adoption o¢ an ordinance
establishing fees for the pick-up and disposal of Animal Carcasses.
The following Ordinance was presented:
NO. 82-89
AN ORDINANCE AINEND]NG ARTICLE [ OF CHAPTER 4 OF THE CODE OF
ORDXMANCES OF THE CITY OF DENTON PROVIDING FOR REGULATIONS
kND FEES FOR DEAD ANIMAL PICKUP AND DISPOSAL; PROHIBITING
DISPOSAL OF CARCASSES ON PUBLIC PROPERTY OR PROPERTY OF
ANOTHER; PROVIDINg FOR A PENALTY FOR VIOLATION THEREOF;
REPEALIN~ ALL ORDZMANCES IN CONFLICT AND PROVIDIH~ FOR AN
EFFECTIVE DATE.
Chew motion, Rlddlesperger second to adopt the Ordinance. On roll
call vote Barton "aye", Hopkins "nay", Stephens "aye", Alford "nay",
Rtddlesperger "eye", Chew #eye", and Mayor "ney". Motion carried ¢
to 3 in favor.
11. Resolutions
A. The Council considered approval of a Resolution
authorizing the Mayor to sign a quit clatm deed disposing of the
property at Frame end Mlngo.
Assistant City Manager Rick Svehla reported to the Council that this
quit claim deed would release the property to the First State Bank.
The following Resolution wes presented:
RE~OLUTION
WHEREAS, the City Council of the City of Denton has hereto-
fore determined the necessity for disposing of the real property
hereinafter described; and
WHEREAS, after due notice as required by law, competitive
bids were received by the City of Denton; and
WHEREAS, the highest bid received was for Four Thousand Six
Hundred ($4,600.00) Dollars, from First State Bank Trust
Department of Denton; and
WHEREAS, the City Councll hereby finds and determines that
the reasonable and fair market value of such property is Four
Thousand Six Hundred ($4,600.00) Oollars;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS:
SECTZON I.
The btd for Four Thousand Six Hundred ($4,600,00) Oollars by
First State Bank Trust Department of Denton is hereby accepted.
~RCTION II.
The Nayor ts hereby authorized to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the herelnafter
described property to Ftrst State Bank Trust Department of
Denton, to-wit:
All that certain tract or parcel of land situated in the 8.B.B.
& C.R.R. Co. Survey, Abstract No. 185, Oenton County, Texas,
being a part of Lots 15 and 16, 81ock D, of the Schmttz & Rtpy
Addition to the City of Denton, Texas, per plat recorded in
Volume 85, Page 270, Deed Records of said County and being more
fully described as follows:
BEGINNING at the northeast corner of said Lot 16, Block O in the
west right of way line of Frame Street;
THENCE south along the said right of way a distance of 73.62
feet to an iron pin;
THENCE south 51o~6'$7. west a distance of 59.10 feet to an
1eon pin;
THENCE with a curve to the left, having a central angle of
7o23'46", and a radius of 578.8937 feet, a chord which bears
south 47045,04, west a distance of 74.675 feet, an arc tength
of 74.727 feet, to an Iron pin sttuated In the west ltne of satd
Lot 15, Block O;
THENCE north a distance of 160.53 feet to an iron pin;
THENCE north 89o55'36" east a distance of 101.50 feet to the
point of beginning and containing 0.268 acres of land, more or
less.
~ECTI. ON III.
The City of Denton ts hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
advertisement for bid.
PASSEO ANO APPROVED thts the day of October, lg82.
RICHARD O. STEWART, MAYOR
CITY OF DENTON
53
ATTEST:
CH'ARLOTTE ALLENt G[TY'$~GRETAR¥
CZTY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. 5. TAYLORt JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
I I
Hopkins morton, Chew second that the Resolution be passed. On roll
call vote BArton 'eye", Hopklns "aye', Stephens "aye", Al~ord "aye#,
Rtddlesperger #aye", Chew "aye', and Hayor "aye". Motion carrted
unanimously.
r~ B. The Count11 considered approval o~ a resolution
CC) designating streets to be included tn the December ~, ~982, Bond
T-I Zssue ~or the St~ee~ Renovations.
~ The Tollow~ng Resolution was presented:
R E S 0 L U ~ Z 0 N
~NEREAS, the City o~ Denton, Texas, ac~lng through
elected clty o~Jc~als and pursuant ~o its cap~tal tmprovemen~
p~ogr~m intends to call a bond elect~on In 1982 to
certain capital tmprovements~ end
~NEREAS, the C~ty Council ~shes ~o make known tn advance
o~ the ca11~ng o~ said bond elec~ton wha~ stree~ Improvements
are proposed to be ~tnenced and made as a ~esult o~ such bond
elec~on; NO~ THEREFOREt
BE ZT RESOLVED BY THE CITY COUNCIL OF THE CZTY OF DENTON:
SECTION
That ~f the ctttzens should duly approve the selling
bonds to ~nence the stree~ ~mprovements submitted at such
election ~n 1982, ~t ~s the lntent o~ the City o~ Denton to
make needed ~mprovements to the Tollo~tng s~reets within
City o¢ Denton:
STREET NAME FRON TO
Locust Eagle University
8ell Un~verstty Sherman
Elm University Eagle
Oak Bollva~ ~agoe
Htcko~y Cade~ Austln
Hlc~o~ Avenue C ~elch
Htckor~ Car~o11 Cedar
Locust Sherman Orr
Avenue A Hlghland McCormick
Congress Oakland Ponder
Mtngo ~tthers ~ocktngblrd
Oak Austln
Htckory Austln RR
Oak RR Austtn
Bonnte Brae ~tndsor University
Audra McKtnney End of Otvtde
~elch Eagle H~ghland
~elch ~ulberr2
Helch Hickory Oak
Bernard Htckory E&gle
Hast Oak Bonnte Brae Jagoa
Hest Oak IH-35 Y
Sunset Anna Carroll
Sunset Carroll University
Ortole Hocklngbtrd Cardtnal
$1enwood Htndsor University
Greenwood Laurel Hood Cherrywood
Greenwood Cherrywood Sherman
Fry Scripture Hickory
Bernard Htllowwood [H-35
N1stywood Nottingham Hoodhaven
#tstywood Hoodhaven Robtnwood
STREET NAME F~O~ TO
Alice Congress University
Dentson Sherman University.
Acme Fort ~orth Bernard
TOTAL STREET IMPROVEMENTS $B.166,500
SECTION ~.
That t~ the ctttzens should duly approve the selllng o¢
~onds to flnance the capttal Improvements program submitted at
such election tn 1982, tt ts the tntent of the City of Denton to
make needed improvements to the following within the City of
Denton:
C~PIT^L ~MPROVEMENTS PROGRAH
Ponder Street Drainage
Panhandle Drainage from Alice to Malone
Signal ~mprovements
Equipment Acquisition for Neighborhood Parks
Bell, Coronado Drainage
Acquisition of right-of-way for U. S. 380
Paisley Street Drainage
Stanley, Thomas, Ector Drainage
Prairie Drainage (Bradshaw to Lakey)
Yellowstone, Sheraton Drainage
Handicapped !mprovements at the Square
Equipment/Land Acquisition for Parks
Update Signal Equipment
City Contribution to Reconstruct U.S. 380
Equipment/Land Acquisition for Parks
Fire Substation
Equipment/Land Acquisition for Parks
Building Renovation/Expansion
TOTAL CAPITAL IMPROVEMENTS PROGRAM $6~110,000
PASSED AND APPROVED this the 19th day of October, 1982.
R~CHARD O. STEHA~, NAYOR
CITY OF DENTON, TEXAS
ATTEST:
VZCK! WESTLING, DEPUTY CITY
SECRETARY, CITY OF DENTON, TEXAS
APPROVED AS TO LEaAL FORN:
C. 5. TAYLOR, ~R., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Stephens motion, Chew second that the Resolution be passed with the
addition of Acme Street. On roll call vote Barton "aye", Hopkins
"aye", Stephens "aye", Alford "ayah, Rtddlesperger "aye", Chew
"aye", and Mayor "aye". Mo:ton carrted unanimously.
I~ 12. Contracts
A. The Council considered approval of a contract with the
Klq City of Oanton's Parks and Recreation Oepartment and the Oenton
f1'1 Boy's Baseball, Inc.
~3: Assistant City Nanager Betty McKean reported to the Council that the
next 4 items of the agenda were contract with sports associations to
pay for officials during the upcoming seasons.
Stephens motion, Chew second to approve the contract. Motion
carried unanimously.
B. The Council considered approval of a contract with the
i City of Oenton's Parks and Recreation Department and the Oenton
Girl's Softball Association.
Chew motion, Stephens second to approve the contract. Motion
carried unanimously.
C. The Council considered approval of a contract with the
City of Denton's Park and Recreation Department and the Oenton Pea
Wee Basketball Association.
Chew motion, Barton second to approve the contract. Motion carried
unanimously.
O. The Council considered approval of a contract with the
City of Oenton's Park and Recreation Oepartment and the Denton
Soccer Association.
Hopkins motion, Chew second to approve the contract. Motion carried
unanimously.
E. The Council considered approval of an agreement
between the City of Denton and the City of Crossroads to allow the
City of Crossroads to use our landfill at no charge.
Assistant City Manager Svahla reported to the Council at the
citizens of Crossroads had been very cooperative and helpful in
keeping the roadway to the landfill site free of debris.
Chew motion, Hopkins second to approve the agreement. Motion
carried unanimously.
13. The Council considered selection of a Council Subcommittee
to revlew Council districts and to set a date for a public hearing
on proposed revisions.
~unctl Hembers to comprtse the Subcommittee to ~evtew Counctl
districts were designated as Alfo~d, Chew, Stephens, and
Rtddlesperger.
Rtddlesperger motion, A]ford second to have the committee brtng
their recommendation to a Pub]tc Hesrtng on November 15, HotJon
ca~rted unanimously.
14. There was no efftctal action on Executive Sesston ]tams:
A. Legal Hatters
B, Real Estate
Personnel
0. 8oard Appointments
15. No new 1tams of business for future agendas were suggested.
The Council adjourned into Executive Sesston at 8:33 p.m.
CHARLOTTE ALLEN; CITY SECRETARY
047gC
Ctt. af ~nton Ctty ~oun~t] H~ttng ,..4utes
Regular ~tt~ of ~ City of ~ Clty ~u~t1 ~ T~sday, ~ve~er 2, at
7:~ P.M. In :~ ~tl ~ of t~ ~ntctpal Building.
PR~: ~ S~rt, ~11 ~s ~n, ~tns, Alfo~, Rtddlesp~ger
a~mve C~ mt~s. ~ ~lm ~s c~t~ un~t~sly.
2. Consent ~a
A. Bids ~ Purcha~ 0~
~. 6td ~0 - CZP ~a~r11~
2. Btd ~2
~ 3. Btd ~7 M1smll~us ~r S~plles
4. ~r~se Or~ ~M~ To ~n~al El~t~tc ~ for ~gency
~ Znst&llattm of L~st Stage B~k~s ~ the ~palt
Turbtm (El~tc P~tt~).
~ 5. Pu~a, ~r ~5524 Y~rly ~rvt~tn~nance ~ntr~t
~ (~ ~.t~).
6. P~ha~ ~r ~2 Y~rly ~rvt~tn~nance
Hmle~ P~ m t~ ~attc ~tt~lng ~ Equt~nt
(El~tcal ~rtng ~
7. ~rc~ Or~ ~5~ ~ ~ral El~tc f~ ~9ency mpatr on
Turbtm ~.
6. ~r~ts
~. ~val of a F~tng ~e~t wtth F~d
2. ~mvll of a F~tng Ag~nt wt:h Ctty-~unt~ ~ Nursery.
3. ~mwl of a Fu~t~ ~m~t wtth t~ Retted ~ntor Volun~er
C.~mval of ~ Ft~1 Plat of Lot ~, BI~ ~, ~k Brtscm
(P1~t~ ~ Zmtng ~tssJ~ ~s
3. ~val of ~ Ft~1 Plat of Lot ~. 81~k ~. ~stp~k S~dtvtst~.
(Pl~tng ~ Zmtng ~tssl~ R~s ~p~val)
David E111son ~d ~ ~ ~tl ~t ~ts pmp~ty ~s the sJ~ ~tng
pmpos~ f~ t~ ~tk Pak PI~. ~ fu~her stat~ t~t al1 pl=s have b~n
~vt~d ~ ~e Pl~tng ~d ~t~ ~tssl~, ~d they unant~usly
Rt~les~ sta~d that ~ ctttz~s of ~n~n ~e very fortuna~
~Jk P~k "~ ln~ ~r ~'. ~ fu~her stated that ~tk P~ ts a 'cle~
ale l~ustry' ~ t~y wtll asstst us tn pmmttn9 ~n~n's t~ustrtal g~h.
Hopktns mottO. Alfo~ s~o~. ~e ~tt~ ~s ca~t~ un~t~usly.
T~ City ~tl mcetv~ ~ m~ from g~n Kokalts ~gardJng
C~tttms ~ ~11 Av~ ~ ~ Z~ur~e Clalm by Robbte Gl~ht.
~. Kokalts ~p~d ~ t~ ~u~11 ~ l~t~nt that ~cumd
~1~ ~ulttng tn $2~ ~h of ~e ~ the u~erc~t~e of
Gl~t's ~mblle. ~ sta~ that ~ ~y roll,trig th~s
~s m~t~d. ~alts ~or~ :hat t~ Ctty At~r~y's offlce ~s
Gl~hJ ~at the Ctty Is mt ~sp~stble f~ ~ m~trs ~ hts ~blle.
~tstan as ~ ~et~r ~ ~: t~ Ctty es t~,d mspmstble.
~pktns ~ that :he Ct~ AtOmy msp~ ~ Chis tssue.
T~ City At~r~y ~q~s¢~ ~at ~e ~u~l] ~t discuss this 1tern at this
:1me. Rather, ~ su~es~ that t~ ~tl a11~ hJm C~ oppo~unt~
a mp~t ~ :hem tn Ex~uttve
NoYmabe~ 2, Z98~
Kck~l~s ;t&t~d that 61ancht hu been offered & ;~ of ~;~O-f~O from
~2~ ~3at~d ~ ~a31s that ~ ~tl ts ~t tn ~ ~tttm ~ ~e
Rt~lesp~r ask~ ~kllts tf ~ ~ a ptc~ ~ ~ st~et.
~1~ ~ f~ard. ~ sta~ that ~ d~d t~e a p~ctu~e t~
qmsttm ~ rue tM plcture, t~ s~t m~lr c~ h~ a~tly b~ th~
q ~ie ~ ~ke ~y ~tlm at thts tl~ ~e ~ ~ ~ o~r. ~
s~ ~t t~ Ct~'s tnsur~ c~t~ ~ C~ Ctty At~y ~ msp~stble
5. ~tn~s
A. The ~tl c~st~d Moptt~ of ~ ~l~e f~ ~ Rlght~f~
D~t~tt~ of ~t~s St~t L~I~ In t~ N~111 A~ of t~ Ctty.
~. 82-~
~ H.E.P. & P.R.R. ~Y ~Y, ~T ~. ~, ~ ~, ~X~,
~ ~ ZN ~ ~, P~E 439 OF ~E ~ RECKS ~ ~N ~
~o. Fu~her. ~ s~t~ that t~ p~pe~ as b~ ~la~ by t~ ~
tM pm~y ~ the Ctty of Mn~n. ~ st~d that ~e Ctty ~. ~n~n
~ly ~tn~tntng thts
~t~ mtt~. Chw ~onded ~ ~opt ~ ~dt~e. ~ ml] call
6. TM ~uKtl c~slde~ ~ptt~ of ~ O~tna~i a~vtng t~
~tl~el E1K~tcal ~e wtth L~al
~ roll,trig o~tn~ ~s present:
~Z~ ~ ~E CIW ~ ~, TE~ R~TI~ ~ ~E 1978 ~ITI~ ~
~TI~ ~l~ C~ ~D R~TZ~ ~ID S~T~N; ~TI~ ~E 1~1
~I~ ~ ~E ~TI~ ~ECTRI~ ~[ gl~ CERTAZN ~I~S ~
OF H~ ~ RE~ZRZ~ ~ZRI~ IN H~ ~ZT gl~ C~TAZN
~ OF ~l~ ~Z~ES ~ P~TS ~F ~T IN ~FLICT ~ITH;
E~EC~ DA~.
RI~ S~la ~p~d ~ ~ ~U~tl ~t ~ ~ts ~tng ~da~d In the
~ln~ a~ those that t~ Clty Ms b~ abldlng un~ stnce ~978. At th~s
tt~ ~ ~ts ~e ~ly ~tng
59
Rlddlespm*glr ukad Svehla if these anl the same mandments that have been
recomamimi by
Svenla stated that although tl~y may be sl~tlar, because of our local
amendments it ~s riot ~xec~ly the sm. He fu~hm' stated that this procedure
ts erie t/alt ts dmle Ilmu&lly.
Hopktna mottaned. Barton seconded the morton. On roll call vote Barton,
Hopktns, ~ye, Stephens. aye, Alfoed, aye, atddlesperger, aye, Che~, aye, Nayor
Stmmrt, aye. The motion caroled unlntmausly,
C. Tim Couactl constdermi the adopttm ot' an O~itnance approving the
1979 Uniform Building Code wtth lo¢al amendments.
Rick Svehla ~.porthd to the Cou~tl that this tte~ ~as to u~date the ext~ctng
local
Rtddlespet. ger ~ If ~Js ~s ~ s~ ~ ~lt ~c~ by C~.
Sv~la stl~ t~t alt~u~ tt ~s st~tlir, tt ~s ~t t~ s~.
Rt~lesp~ q~llft~ bls
Board, ~ ts ~
st~a~dtze the ~as butldtflg
~ts H~t~ ~a~ t~t ~ally C~ ~s ~ke ~c~att~s ~ ~ ~a
ctttes. ~, ~ ~ t~t d~ ~ 1~1 ~nts this o~tn~ ts not
T~ roll.trig ~t~
AN CIROIN~ REPEALII~ ANTICLE l, CHAPTER 5 OF THE COOE OF OROINANCES OF THE
CITY OF OEIITOM, TEXAS RELATI~ TO FIRE ZONES AND DISPOSTION OF COILSTRUCTION
WASTE MATEIL[ALS; REF. JI~TII~ MTX~LE I, ~L4~OTER 5 OF THE COOE OF ORDXNANCES OF
THE CITY OF I~kTON, TEXA~ [N [TS ENT~Lrry BY ADO~TII~ THE UNXFGRM BUILDING
COOE (1979 EDITZGll) Will4 CERTAIN DELETIONS AND AqENotr~TS; PROVIDIN6 A SHORT
TXTLE; PROVIDING R3K DISPILSITXOll OF COIISTI~JCTION WASTE MATERIALS; PROVIDING
F~R ISSUANCE OF BUILDING PERHIT5 ~IERE FLOQO HAZA~ EXISTS; REPEALINS ARTICLE
II, DIVI$IQX I OF SMD CODE OF GItOINANCES RELATING TO THE 1976 EDITION OF THE
UNIFORM mJILOlI ~OE& REHLNBERINS ARTICLE II, OI¥ISION 2 OF SAIO COO~ OF
C~KOIILq#~E$ AS ARTICLE II; PRO¥I~ING FGR THE REPEAL OF ~:)flI:LICTING ORDINANCES
~D HAICIIG TI(TS OROINAN~ CLMJLA?IVE OF PRI~R QI~O~NANCES OR PARTS THEREOF NOT
IN CONFLIG-'W HERBIITH; PROVID[I~ A PENALTY CLAUSE AND DECLARIN6 AN EFFECTIVE
DATE.
C~ mottmr~. Barton seconde4. On roll call vote Barton, aye, Hopktns, aye,
Stephefls. aye. Alford. aye. R(ddlesp~*ger*. aye. Cheu. aye. ~y~ Stewart,
aye. The motto~ co~led tmafltmo, sly.
O. The Council c~stde~d adoption of an Ordinance to Abandon a Portion
of EaHae~t at ~2 Nottingham mt the Request of I~'. and le's. 14o~'ts
The follaelng ordinance Ks con$1~r~l:
NO. 82-93
AN CRDIItAN~ PROVIDII~ TMAT ALL RIGHT, TITLE, ANO INTER~ ~ ~E C1~ ~
OE~ IN ~ ~E O~I~ ~ A PUBLIC UTILI~ ~NT BE V~TED
~ ~D; ~D ~VZDI~ ~T ~IS ~[~CE ~ ~C~E ~F~TI~
~IATELY.
Ch~ ~tl~, 8~n s~. ~. roll call vo~ B~n, ~e, ~pktns, ~,
6~t~ counc~ l~ettn~
qio~lbm. 2, ~g82
P~ge
E. The Count11 considered ~he ~doptton of ~ ~tn~e ~111ng
~t~g t~r~uc~ Frenk ~entch, Vtce ~st~nt of F~rst
~ t~ ~tl.
s~t~ that t~ ~tna~ con~tns sev~ [7) p~sttt~.
~SITIO~ fl ~e tss~nce of $8,~1~,~ of S~r~t. ~ S~d~lk
~IT~N ~3 T~ t,suen~ of S2~8,~ of Perk
p~SITION f4 ~e tssu~e of $~,~ ~ ~tverstty
Bo~s
~SZT~ f5 ~ tssu~ of $1,~,~ of ~ntc~pal ~1141ng
I~v~ts ~s
~0~S~TIO~ ~7 TM tssu~ of $~10,~ Tra~tc Con~l Slgn~ls
~Js H~t~g ~vlsed ~ ~tl that t~ ~p~tttons
1~lud~ tn t~ C.~.P. end ~tll ~ ~sult tn ~ t~ t~se. T~ onl~
~1~ ~tn~n~ ;n J~ entt~ ts ~tt~c~ as a p~ of t~se
~ roll.trig ~ln~e ~s ~st~d:
~ ~CE ~LING A ~ECZ~ ~ ~ECTION ~ ~ H~D IN ~E CI~ ~ DE~.
~ ~ DECkeR 11~ 1~2~ AT ~E CI~ OF DEN~ C%VIC ~ L~AT~ AT
~P~%~ ~O RE~VAT%~ ~ ~E ~NICZP~ ~[~I~ ~TZ~ OF A N~ FIRE
~EC~ ~,
Rt~les~ffi~ ~ttm~, Chw ~o~. ~ roll call vo~
S~R~, ~e, ~e ~t~ c~t~ ~nl~sl~.
6. ~s~ ~ ~. ~ L~ ~ ~ ~Pv~ ut~ g~r ~
~ ~lsm ~vts~ the ~ou~tl ~Mt ~. ~ ~s p~pir~ that Is ~r~l~
111 cos~ 1nvolv~ In p~vldlng his p~p~ wt~h wate~ ~ s~ Ie~vt~s,
f~ m ~e~ ~lex.
Rt~18s~ge~ ~l~ed, B~on s~ond~, ~ ~1~ ~s c~r1~ ~t~s1~,
~ ~tl t~ ~k ~ ~ ~ of ~ qemm.
~s~ f~ Con~t P~g~tng.
B~11 ~ ~p~ ~ ~ ~u~tl ~t~ ~hJs ~t~ect ~s for ~g~tng
¢tty Cou~cti l~tlng
.o .r z, 61
9. ~ ~ ~stM~ ~ ~mva] of i ~ntract wtth ~ lnstttu~
Bt11 ~y ~d ~ ~ ~11 ~at ~ ~s ~ble ~ estab]tsh
p~l~.
~N~ st&~ ~ t~ ms.
~. ~ ~tl cmst~ t~ ~mwl o~ ~ ~u~l C~t wt~ TRES for
~f~ ~t~n~e of ~ Cus~ Inf~tt~ ~s~m.
BtII ~g~y ~o~ ~ t~ ~tl t~t ~ts c~tr~t ~s f~ a ~or
s~fflng
~p~a~t~.
~ r~ Nit. t~t ~ ~uld ~ ~wtnt --y q~ltl~s ~t t~y my h..,
F~tllty ~llo~t ~rp~att~ ts a fl~th t~m, ~ fur~r that ~e
~u~t] s~uld ~e ;~t~s cm;tderatton{nlooktng ln~ 1ts feas{b~ltty.
Rl~le;~r a{k~ Fl~e ~ ~h a f~lllty ~uld
~t~ ~a~e ~t It ~uld mt ~ a mgative ~t m e{~r ~ the
extsttng ~p1~1~. Fu~, ~ $ta~ that t~ p~posal for
RI~lesP~9~ s~t~ t~t ~ ~ he~ ~ e~sst~s ~a~tng t~ posstble
~gattve ~t ~ts~ Mve ~ F]~. ~ fu~her sta~d, ~ver, that
thts t~ ~ MS ~ dts~ss~ ~ts wtth ~ FI~ person].
~ ~k~ if ~ f~tllty ~uld ~ l~a~d ~e~ within t~ Ctty limtts.
Pl~e sta~ tnt t~ ~ p~al could
~e Ct~y ~tl t~ ~sl~ t~ t~m ~ t~ ~cy ~ndum.
l. T~ ~u~tl h~ I dt~sst~ of t~ tnf~tlon p~r; f~ the
~tty ~ m~ ~ t~ ~tl tMt mrkpl~s
~ sta~ ~at ~ ~t1 ts ~tft~ tn ~tr s~p~t of
elects.
City ~our~t] Heating . nutes
~lns sta~d that tt ts ~e ~spmstbtltty ~ ~ts ~u~tl ~ sta~ for t~
~ of this bo~ p~r~. ~ fu.~ stm~ that this '~il n~s
~ ~ get t~ 01fy s~ ~ drmt~e ~palrs
~ttsm. ~ sta~d ~at ~ ~uld ~tmtnly gtw
9~. ~ fu~h~ s~ that tt ts t~ 0~il's ~ltbtltty
~ stat~ t~t ~ ~uld ~rk dtlt~ly pa~I of t~
p~ ~ ts ~ b~1~ thts p~ge~~.
AI~ sta~d :ha: ~ multi ~et~tnl~ ~ ~vaJlable ~ speak ~ c~v1¢ g~s ~n
s~o~ of t~ bo~ elation.
~ s~art sta~d that the ~u~il ts ~
Ct~'~ citlz~s ts t~ s~ ~ drain~ ~bl~. ~ fu~ stmt~ that
~ tm tn ~le~ ~p~t of ~ passage of this b~d, ~ ~uld ~ ~ail~ble
R. ~e City ~tl ~n ~n$i~d a R~lutton ~nce~in~ ~u~tl Poll~
~ St~ ~tn~a~ 5ud~et.
~lnm $ta~d that ~ m~ in ~t with ~ ~lt~ sta~t ~d ~uld
~ ~ta~d ~at ~ ~s in full s~p~t of
w~ n~ss~y ~ s~ that it pa~es. ~
f~lln9 ~at t~ poli~ sta~t ~s ~rt~tle.
C~ ~tt~. Alf~ s~on~d. ~ ~ll Call
~tns, Alfa, Rtddles~erge~, Ch~, City ~a~er, City Att~y,
~ty City ~ry.
7. T~ ~unctl conside~d Electric, Wa~r, ~ ~, Rev~ue ~d Refunding.
~ls N~un~ stat~ t~t this ~fu~tn~ ~r~
~ ~al ~th$. ~ fu~r sta~d that F~ank ~entch of First ~ut~st
Ms ~pa~ a r~ndmtt~ f~ c~slderati~ at this tt~.
~nich distribu~d inf~ation ~ss~ ~ t~ ~ ~d City ~u~tl dasd
~ee 1, ~. ~ e~lat~ t~ ~tm con~tn~ ~ a~ foe q~stt~s
f~ ~ ~il. (~i$ tnf~att~, in its ~tt~ty. ha~ b~n ~e
~entch ~k~ f~ di~cti~ f~ ~ Cou~il es ~ ~e~. ~ ~t First
~th~$t s~uld ~ t~ ~parmti~ of lnf~ti~
T~ ~ ~q~s~d that First ~t~st ~e
City ~il ~ ~er ~, 1~, f~ ~ El~tc, Wa~ a~ ~ Ray.un
~d Refu~tng P~gr~m.
~be~ Cal~]l ~ t~ Ctvtl S~vtce
~ts H~g ~p~d ~ ~ Cou~tl ~ha~ ~ has
t~ Clvtl ~vt~ ~isstm for ~ tt~. ~ furor ~o~ ~ the
~tl ~at ~. Caldwll is ~ At.may in ~n~n ~ ls q~lifiN ~ sarva
m this ;tssi~.
B~n retired. Ho~ins ~d~, The mtton
~3. ~ offtcisl =ti~ ws t~ ~ Decutive ~ssion I~s:
~n ~uncil cMvaned ln~ Ex~utive ~ssion mt g:~3 P.M.
ORDINANCE NO. 82-~
O~IN~, ~ING A BOND E~CTION
CO~ OF D~ON
CITY OF D~N
~~ i= is ~d n~essa~ '~d a~vis~le 2o call
election hereinaf=er o~red; and
~, it is her~y officially fo~d and detained:
=~= · ~se of ~rg~ or ~gent p~1ic necessity exists
which r~ire~ ~he ~lding of ~e meeting at which ~ls
n~ce ~ ~a~e~, such ~rgen~ or ~gent ~ublic necessity
berg ~t ~e pr~s from t~ sale of ~ ~ro~sed ~nds are
r~irad aa s~n as ~sa~le and without delay for
and ur~enCly n~ded p~ic ~prove~n=s~ ~d ~at said ~et~g
was o~n ~ 2he p~lic, and ~lic notice of the t~, place,
~d pu~se of said ~eting was given, all as re.ired by
Vernon~s ~. Civ. Sm. ~icle 6252-17.
~ CO. IL OF T~ CI~ ~ D~N ~BY O~AINS:
1. ~at ~ elect~on shall be ~eld on DecaYer 11, 1982,
in said C~ty a= ~e foll~ing designs=ed ~lling place:
~ D~N CIVIC C~ER BUI~ING.
Said Ci~ shall cons~itute a single election precinct for said
elation, ~d the rolL. lng ~c=ion officers are hereby
Presiding Judge~ Don Pickens
-' -~l~te Presiding Judge: Jo Luker
2. ~at ~he Presiding Judge shall ap~int not less than
t~ ~alifie~ election clerks =o se~e and assist in conduc=ing
said election~ provided ~a2 if the Presiding Judge actually
se~es as ~ec~e~, ~e ~tern.=e Presi~ing Judge shall be one
of such clerks.
3. ~2 By approv~g and signing this Ordinance the
of sai~ City o~ficially con~i~ his a~oin~en= of ~e afore-
said election officers 2o serve at said election~ ~d by
and con.rs in t~ appo~nt o~ =he aforesaid also=ion
4, ~at all resident, qualified electors of the City
shall ~e entitled to vote at said election,
S. ~at notice c~ said election shall ~e ~iven by pos~in~
a s~stant~a~ cep~ c~ th~s Oral,hence at the C~t~ ~a~l end
t~ee othe~ p~12c p~aces ~n sa2d C2t~, not less th~n 15
prior to the ~te set ~o~ said election~ ~d a substantial copy
~ of this Or~in~ce also shall be 9~lished on =he s~ day
each of ~ successi~ ~eks in-a newspaper of general circula-
.- =ion p~lished in said City, the date of ~e ffirat p~licat!on
to be not less ~an 14 days prior to the date set for said
else=ion.
6. ~at a2 said also=ion the ~ollowing PROPOSITIONS shall
be s~=ed in accordance with law:
Shall the City Council of the City of Denton be
authorized to issue the bonds o.~ said City, in one or more
series or issues, in the aggregate principal ~mount of
$8,215,000, wi~ =he bonds of each such series or issue,
thirty years from =heir da~e, ~d ~o be sold at such.
issu~ce, as shall be dete~ine~ wills ~ disc=etlon of
~e City Co~cil, for ~he pu~ae of the ac~iaition, of
said City, to-wit, street ~d sidewalk ~rove~n~s~
s~ll said City Co,oil be authorized t~ le~ and cause
P~POSITI~ NO. 2
Shall 2he City Co~cil of ~e ClS~ o~ ~n~on be
au~orSzed ko issue =he bonds of said Ci~, ~ one or
series or issues, in =he aggregate principal ~unt of
/$3,.282,000, wi~ ~e ~n~s of each such series or isle,
relpec=ively, 2o ~ture serially wi{~n not to exceed
~ir~y years from ~eir ~Se, ~d =o be sold at such
prices and bear ~teres2 at such rates, no= ~o exce~
~ re=es pea=ted by law a= the raape~i~ times of
issuance, as shall be dete~ined wi~ ~e disc~tion of
~e CiS~ Co~cil, for 2he p~oee of ~e ac~lsiSion of
property ~d ~king i~rove~n=s for p~lic p~oses
said ce=y, =o-wi2: drainage ~prove~nts~ and s~ll said
City Co~cil be au~o~=md' ~ le~ and cause to be
assessed and collected ~nual ad valo=~ 2~ms in ~
~t sufficient to pay the ~nual interest on said
~d provide a sinking fund to pay said bonds at ~turi~?
P~POSITION NO.
Shall the City Co,oil of the City of Denton be
au~i-=~ to iss~ the b~ds of said City, in one or
series or issues, in the aggregate principal ~=
$218,000, wi~ =he bonds of each such series or issue,
respectively, to ~=ure serially wi~in no= ~o exceed
thi~y years from their date, and =o be sold at such
prices and bear interest at such rates, not to mxcm~ the
issu~ce, as shall be dete~ned wi=his ~ ~scre=ion
the City Co~cil, for =he pu~ose of ~ ac~isi=ion of
property and ~ing ~=ove~nts ~o= p~lic pu~sls
said City, to-wit: purchasing and ~roving land fo=
~u~oses~ and shall said City Co~cil ~
e~ ~d c~use to be assessed and colle~ed ~nual ad
valorem =axes in an ~= sufficient to p~y =he annu.l
in=crest on said bonds ln~ provide a si~ing fund =o pay
8h~ZZ ~he C~ Co~c~Z off ~he C~7 off ~n~on be
· ~o~z~d ~o ~ss~a ~he bonds off a~Zd C~7~ ~n one o~
se~ies or issues, in the aggregate principal A~
~900,000, with the bonds of each such series or issue,
respectively, to ~=ure serially within not to exceed
max~um rates ps,it=ed by law at the respective times of
issuance, as shall be detszmined within the discretion o~5
the City Council, for the purpose of the acquisition of
property and making im~rovements for public purposes in
said City, to.it: right of way ac~isition and recons-
~ction of Uni~rsity Drive; and shall ~ai~ City Co~cil
~ au~rized to le~ ~ cause =o be assessed and col-
loc=od a~ual ad valor~ taxes in ~ ~= sufficient =o
pay =he a~ual in,rarest on said bonds ~d provide a
si~ing fun~ =o pay s~id ~nds a= ~turi=y?
;RO~SITION NO. 5
S~11 ~ City Co~cil of the City of Denton ~
au~riZed ~o issue the ~nds of said City. in one or more
Sl,900,000, wi~ ~e ~nds of e~ch such series or issue,
t~ City ~cil, fo= ~e pu~ose o~ ~e ac~isi=ion of
p~pe~y a~ ~ki~ i~rove~nts for p~lic pu~oses in
s.id City, to~it~ e~sion and ~n~a=ion of ~e
~nic~pal Building; ~d shall said City Co~cil be author-
ad valor~ taxes in an ~unt sufficient to pay ~e a~ual
l~eres~ on said ~nds and provide a sinking f~d ~o pay
P~OPO~, ITION NO. 6
Shall the City Council of the City of Denton be
authorize~ to issue the bonds of said City, in one or more
,-- , -series or issues, in the aggregate principal amount of
~ $450,000, with =he bonds of each such series or issue,
respec=ively, to ~ture serially within not to exceed
~irty years fr~m =heir date, ~d to be sold at such
~rices an~ bear in~erest at such rates, not to exceed the
~ re=es pe~=ted by law at the respective ti~s of
issu~ce, al shall be ~e~ne~ within ~e dis~etion of
t~ City Co~cil, for the pu~ose of ~e ac~isition of
p~er=y and ~king ~provements for p~iic pu~oses in
s.i4 City, to.it: const~ction of a new fire s~station;
~4 shall said City Co~cil be authorized to le~ ~d
cause to be assess~ ~d collected a~ual ad valorem t~em
in ~ ~= sufficient to pay the a~ual interest on said
bon~s and provide a si~ing f~d to pay said bonds
S~ll the City Council of the Ci~ of Denton be
au~rized to issue the bonds of sai~ City, in one or ~re
series or issues, in the aggregate principal ~unt of
w$~10,000, with ~e bonds of each such series or issue,
-- rms~c=ively, to ~ture serially wi~in not to exceed
thi~y years from their dire, and to be sold at such
~i~ ra~ pe~tted by law at t~ respect%ye ti~s of
ill.nee, as s~ll ~e dete~ined within ~e discretion of
the City Co.oil, for the purpose of the ac~isition of
propmr=y sad ~king ~rovemen=s for ~lic ~u~oses in
sai~ City, to wiC: ~roviding a~ditional traffic control
si~als; an~ shall said City Council be authorized =o le%~
an~ cause =o be assessed .nd collecte~ a~ual ad valorem
=~ms In an a~= sufficien= =o pay the annual interest
On said bonds an~ provide a sinking fund to pay said bonds
at maturity?
~, That =he official ballots for sal4 elmotion shall be
prepared in accordance with the Texas Election Code so as
per~tt the electors to vote "FOR" or "AGAINST" the aforesai~
P~POSITIONS, wi=h the ballots ~o contain such provisions,
mark~gs, an4 l~age as require~ by law, and wi~ such
PROPOSITIONS ~o be expressed s~stan=lally as
PROPOSITIO~ NO. 1
FOR
' . ) THE ISSU~CE OF $8,215,000 OF
PROPOSITION NO. 2
)
) T~ ISSU~ OF $3,2~2,000 OF D~GE
~NST )
PROPOSITION NO.' 3
) ~E ISSU~CE OF $218,000 OF
~ST )
?ao os T o 4
) T~ ISSU~CE OF $900,000 OF
.- ) DR~ I~R~T
~AINST )
NO,.
) THE ISSU~CE OF $1,S~0,000 OF ~ICIP~
) BUI~ING I~RO~T ~S
~NST )
) T~ ISSU~C~ OF ~450,00~ OF FI~ SUB-
) STATION BONDS
~NST )
PROPOSITION NO. 7
FOR
THE ISSU~CE OF $110,000 OF T~FIC
CO~I~OL SIGN, S BONDS
~AINST )
8. That it is hereby fo6nd and ~ete~ned ~at the
prob~le period of usefulness of the proposed
covered by the aforesaid PROPOSITIONS is 25 years.
9. Tha= ~ticle 9, Sec. 9.02 of the City Char=er contains
the following provision and requires =his election ordinance
distinctly s~ecify~
' (d) A determination of the net debt of the City
after issuance of ~he bonds thereby authorized, together
with a declaration ~at the ~nds =hereby au=ho=ized will
~ within all debt ~d o~er l~i~a~ions p=escribe~ by
The de=m~na~ion is ~y ~de ~at =he net deb= of ~e City
will bi not ~re ~ S27,210,000, and it is hlr~y declare~
other ~a~lons prescr~d by =he Constt=ut!on and laws of
~e S~a=e of Texas.
ITY SBCRBTARY
~ City ~y.
City ~il ~ in ~ti~ ~im ~ f:~ P.~ ~ ~:
G. ~al -- ~ ~. 2{1)~ ~ 6152-17 V.~T.S.
~i~. ~d, ~1~, ~, Ci~ City
~y City ~r~.
~ ~1~ re~ti~ p~ty ~r ~tz s~t~ ~t ~tz ~s ~t
r~.
~ x~ scat~ t~t ~ r~ list~ m t~
~ ~ ~ ~ perm w~ ~e eiC~ in fav~ o~ ~ in ~l~i~ to
~yz ~C6 fz ~ ~d t~t t~ m~ ~i~ m ~s ~xati~ m~d
City ~o~mil ~ti~ lttmtes
November 9, 1~l
re~ ~t. ~.p~ ~.~l~ ~s~m ~ ~1 ot ~s
~. 82-95
~ ~ ~ ~ 15, 1~5 ~ ~ ~ OF ~~ ~ ~ ~I~I~
~ ~ ~ ~ ~ ~ ~I~ O~CI~.
~ ~ ~t~ ~t
el~tim. ~ s~ t~t ~ City ~ r~ei~ ~iti~ r~sti~
J~y ~,
S~t, ~. ~ ~l~ ~r~
~tt~.
~b ~ ~ ~ ~ ~ t~t ~ Utility ~d
~ ~ ~ a ~si~l~ ~ ~ ~ivi~ls.
D'
~1, ~ ~ ~t a ~ati~ ~ F~M-~
~Y ~ ~11~ ~ ~y ~t C~s ($~,f81.78) is a /air ~ air~
The foll~in~ ~s l~mted:
t i~st ~ ~lf~ ~
~, tM City of ~m
Bis~p, ~rs ~ Mid ~1, ~ ~t a ~i~m ~ ~Cy-~
~ five ~ ~ty
~ City AtCo~~ ~e~ ~iz~ to p~e ~ ~y le~
~s ~ ~ ~ City o~
; ~id ~t ~ ~t ~ ~vis ~i~e ~itim ~ ~ ~ ~at
~ i~ pin ~ in ~ ~ li~
~ of Old ~ a~,
~ ~s~r~ 282.67 f~C ~Ch ~c
left
f~ ~ m i~ pin ~
~ ~ 57 ~ ~s 05 ~ ~t 61.~ f~C ~ m irm pin
~70.~ fMC, ~i~ ~h Si ~ ~ ~s 38 s~ ~C 176.22
~ m m i~pin ~ in~
~n tM City ~ ~ of ~,
~ C.R.R. ~. s~y, ~C.
~ ~ 5~o ~' 0S"
lira ~r ~;
City Council Msetir~ ~L~utes
· ~oveaber 9, 1~- ?1
l~e Six
~T~ncebe~rth ~8o /3* /4- ~/est. alc~ the ~ ~xy
~ t~ ~ ri~t~ ~y li~ ol ~er R~, a distm of
~ ~ ~ ~ ~ is 5~,1~ f~, a ~tr~ ~ of
Te ~ ~ is ~r,W m~riz~ ~ ~u~ ~ ~lf of ~ City ~ ~,
~_l .q~t~ ~ cm~ t~.~i~t~ ~i~ pr~r~ to ~tty
City ~ ~y ~ ~, S~ of T~, ~ ~i~
~ ~ ~is ~i~, ~i~i~ ~ ~ City ~ ~t~ ~ pl~t, ~ in
~d ~i~ ~ ~i~ t~ ~t c~ of a trot ~t~ to ~ Ci~ of
~ ~ 88° ~'
. ~" ~t ~ ~ ~ ~y of ~id ~vis
510.8~ f~ s~ ~ of ~ ~o 37' l~' ~st 132.55
.~ ~h 1° ~o ~,, ~t a ~s~ oE 16.11 E~t to
be~ ~ ~i~ 0.~ ~ ~ 1~ ~ ~ less.
~ City~ ~ ~ ~re~ m~riz~ ~ ~y its s~re
~ r~e ~t of ~i~ ~ r~r~ ~ ~ s~ ~tr~t.
CITY SB~BII~Y
CITY OF llRtl~, ~
G. J. TAYMll, ~t., CITY ATroRN~
CITY Of IIItNI~, ~
Tlm. Co~c~il considered ~he adoptlm of a resolution to purchase a parcal of
liud. ~ by Tex M. Martin mhd wi£e, Au~imatte Martin iud ~ ~hmt a
~ t$7,575.80) is a za~r snd ~grs4d vllue of ~ dsscrib4~ pru~y,
The following vas pr~serrced:
RB$O.L. UTION
MtBtB~S, the City of Dmton firgs it mcessary to purches~ · certain tric.~
of lind located in tbs City of Deu~ou, Tins, ~nd more fully dlscribed helm,
{ltl{U~kg, ~he City Co~lcilof ~he City of lkmt~n is of U~ opinim that
pirml of real estate dsscribed bal~; and
MiBIBAg, the City o~ Dent~ mud Tmx IL M~rtin mad vtfs, Anticmst~e Mar~iu,
ou~s of said psrcsl, ~ ~het · amaldaratim of Sevsu Thoussud PLve
Hundred SevKy-Thrme ~ollarm mhd Bi~ht7 Cents ($7,$75.{Q) is I £1ir sad
~&r~md value o£such descz£bed property;
IiY//, ~, l{B IT RBSOLV~) BY ]lib CITY O3UNCIL Ol~ ~ CIT~ OP D~,
The City Attorneyis hereby authorized to prepare the necessary lesal
docuaents to c~ete the transfer of property so described belo~ rrm the
oamers tbateo£ to the City of Iknton:
ALt tlmt certain 0.070 acre t~act, et parcel of ~ si:rated ~n the B.B.B.
C.R.R. Co., Survey, Abstract No. 186, Denim Comity, Texas, said tract
~t of a 1matt ckscribed b~ c~ect to Tex M. Martin and wife ami recorded in
Voluae 762, Pa~e 484 of the Oeed Eecorcls of Oentm Cau~, Texas and being
aete perticularly described as follow~:
~esimAng for t~e nort~mest cetn~ of the tract being described herein at
lrm pin set in tbs groumi at the ao~theeet comer o£ aaA& Mar:in tract;
Taauce South 88o 29' 07" east along tAe north bo~ lir~ of said l~ttin
twact a distance of gg.~s feet to a point;
Them~ South 88o 21' Sa" .east ~c~g t~e north botmda~y line of .said tract a
distance of 1Z.1 feet to t~ls nortlm~t corner of said ML~Lu tract,
T~mce South 0Zo 14' $9" ~est alcmg tbs east bomxiary line of sai~ Nartin
tract a distance of 27.45 £eet to a point for a corner, said point bein~ the
bs~iming of a curw to the right ~Imse radius is 570.8~ ~eet, central
is 01o 10' 06** and chord bearing of North 88o 46' Z6'* ~met 11.64 feet;
Tlumce tmsterly almg said curve a distance of 11.64 ~eet to a point;
Thsmi~ Netth 88° 11'56" ~est a distance of 68.65 feet Co a potnt;
Thence North 880 g7' 27" ~est a distanca of ~0.81 feet to a point for
corner tn the west bocmdary line of said Martin tract;
Thence North 0lo 14' 59" east alon~ t~m ~et boundary line of said tract ·
distance of 27.15 feet to the place of begtmin~.
The Cit}r. of De~toa is hereby authorized to pay its share of the necessary
and reasonable cost of closing as raquired by the sales contrect.
PASS~) ~ ~ this t~ d~y of November, lg~2.
CI~T S~t~D~tY
ClT~ OF ~, ~
BY:
Stephens m~ti~e~d. (~aw ~ to ad~t the crdir~ce. On ~11 ~ V~e,
~, ~,, ~, a~, S~, ~e, ~f~d, a~, ~~er, aye,
~ foll~ ~ p~t~:
~, t~ City ~ ~ fi~ it ~ess~y to ~se a ~r~in ~t
~I.
~ City ~is ~e~ ~i~ ~ pre~e t~ ~s~y leal
~ ~t ~ta~ ~t, ~ ~1 ~ 1~ sit~t~ in t~
~t M a ~in (~) ~4.~ ~e ~t in t~ W. T. ~s ~te
C~i~ at ~ ~st ~ ~ a ~L470 ~ ~t ~s~i~ in a ~
Vol~ 797, P~ 41, ~ ~ ~ ~t~ ~ty, Te~s ~t a ~1 pin ~
~a;e Min~
~T~Cean~r~h 0° 0~' ~s~ wi~h the ~es~ bo~c~ar[ lir~ o£ ~id $1.470 ~e
dis~ of ~.82 f~ ~ a ~il in ~ ~ of J~ ~ist~ ~,
~ ~r~ 76° 12' ~" ~ ~th ~ ~e ~ J~ ~int~ ~ a
dia~ of 4~.71 f~ ~ a ~il;
~ ~ ~9o 16' ~" ~t ~ ~ ~e of J~ ~is~ ~ a
di~ of 923.2S f~ ~ a ~il; '
~ mu~ 1~ ~' ~" ~t a ~s~ ~ 26.6 f~t ~ a ~1 pin in a
T.P. ~ L. ~r ~s~ a dist~ of 254.0 f~ m a ~int f~ a c~;
~ ~89° ~' ~"~ s dis~ of ~ f~t ~ a~ f~ a ~r;
~ ~th 0o 57' ~" ~ a ~st~ ~ 2~.~ f~t ~ a ~i~ f~ a
~ ~th ~o 03' mst ~th ~ ~ ~y li~ ~ J~ ~1 ~
a dl~ ~ 287.13 f~ ~ t~ p~ of ~ ~ ~~ in all 1,33
~ rm~me ~t ~ ~i~ ~ r~ ~ t~ ~ ~tr~t.
P~ ~ ~ cms ~ ~y ~ M~, 1~2.
CIUf ~Y
Hopkins no, inner. Alf~d sec~nde~ to adopt ~ resolutioa. O~ Roll Call
Vote,_~artoa, a~.e, Hopkins, aye, St~, aye, Al~ord, aye, Rid~lesper~er,
aye, ~aew, aye, myra' Stm~rt, aye. The ~Cim carried
T~m May~ asked if t~ ~ ~tMn~ to ~ a~lad ~or nm~ business ~ t~e n~xt
~r. ~iddl~per~r asked if ~e ~ distric~ir~ ~uld b~
Ha~c~ s~ated ~bat it ~uld be.
The Cotmcil//j/~/~°urned in~o l~xec~tive~_~~~im at 7:~ P.~_
~CKI WES~iNG, DEPUTY~Y SEURBTA~
MINUTES
CITY OF DENTON CITY COUNCIL
Novm~ber 16, lg8~
4:00 P.M.
The City Council convened in~ Executive Session at 4:00 P.M., on Tuesday,
November 16, lg8~, in the Civil Defense Room of the Municipal Building to
consider the following items:
1. Executive Session:
A. Legal Matters.--. Under Sec. ~(e), Art. 6Z5~-17 V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6~52-17 V.A.T.S.
C. Personnel -- Under Sec. ~(g), Art 6252-17 V.A.T.S.
D. Board Appointunents -- Under Sec. ~(g), Art 6~5~-17 V.A.T.S.
The Ctty Council convened into regular session at 7:00 P.M. In the Council
Chambers of the Municipal Building at which time the following items were
considered:
PRESENT: Ma~vor Pro Tem Stephens, Council Persons BartOn, Hopkins, Alforq,
Rldalesperler, Chew, City Manager Hartung, City Attorney, Deputy City Secretary
ABSENT: Mayor 5tewa~ was out of town attending a conference and representing
the City at the shuttle landing.
Mayor Pro Tem Stephens called for representatives from the Fire Department to
accept a proclemation for the "Great Smokeout". No representative was present.
The Council constderect the approval of the minutes from the regular meeting of
November 2, lg82, and spectal c&lled meeting of November g, lg82.
A. Bid& ~n~ Purchase Orders:
1. Btd #g059 -- 8 Channel Radio Control Console
8td #gO60 -- Passenger Bus
3, Bid #gOB1 -- Sale of P~operty
4. Btd fg063 -- Parts for Main Steam Control Valve
5. Bid #g064 -- Police Uniforms
6. Bid #go6s -- Direct Feed Ara~oniator
7. Emergency Purchase Order ~$$037 to Stewart and Stevenson
B. Plats:
1. A~proval of the final revised replat of the Denton Shopping
Center A~aition.
Chew motioned to approve. Hopkins seconded. The motion was carried
unanimously.
The Council considered the approval of the items on the Consent Agenda.
Chew motione~ to approve. Alford seconded. The motion was carried
unanimously.
The council heard a report from H.B. Horn, 5514 Castle Court, Lake Dallas,
relative to parking restrictions at ~08 Lmkey Street. Mr. Horn asked the
council for "mercy and understanding" regarding the possible removal of
parking restrictions on Lakey St. He stated that the St. Andrews Church often
has meetings that extend beyond the present parking time allowed. He further
asked that the following suggestions be considered: (1) that the Council
consider changing the garktng restrictions to exclude church goers during the
time of the services; ~2) that the Council consider removing the restrictions
all togehter; (3) that the street be designated as a "church zone" which would
accommodate the church goers; {4) that the Council consider moving the
restrictions bac~ to acco~moeate the church services; or (5) that the Council
give the Police Department the authority to dismiss any parking tickets issued
to church goers.
Mayor Pro Tem Stephens stated that the parking restrictions and activities are
taken up at Traffic Safety Committee Meetings, and suggested that Mr. Horn
request an appearance before this Co~mittee through Asst. City manager Rick
Svehla.
7~ty ~ouncil Meeting Minutes
~ve~W)er 16, 1982
Page Two
The following public hearings regarding zoning changes were hea~:
A. Z-1543. This is the petition of Dewey Fields, representing Ceo!tel
Consultants, requesting an amendment to Planned Development (PI) ~) which
is a~roximataly a thirty (30) acre tract located on the west side of
Mockingbird Lane,beginning approximately ll80 feet south of the
intersection of Audra Lane and ~ckingbird Lane. The Planned Development
t~-34) currently permits single family detached residential ~evelopment
typical lot size 60' x 10()'); the petitioner is requesting an amendment
to permit the following land uses:
Single family detached residential (typical lot size 60' x 100') on
12.g7 acres.
~lti-family residential on 16.24 acres.
The Council hear~ from staff person David £11ison. Elltson stated that the
Planning and Zoning C~tssion reconmmnUs approval of this zoning change. He
further requested that the Council hear Mr. Ed Bluto of P~lo Consultants
regarding this change. The Council requested that Mr. Bluto appear. Mr.
Bluto advised the Council that he would be happy to answer any questions they
may have.
David Ellison stated that of the zoning notices that were sent to area
property owners, none were returned in opposition and 12 were returned in
favor of the change. Elltson stated that the p~7 has two major concerns with
this change, (1) there may be a problem with drainage run-off, however the
petitioner has consented to take care of this should there ever be a problem:
(2) that ~ckingbird is currently a major collector street, but is unimproved
at this time, however the developer will be responsible for in~)roving this
street by adding guttering along the portion of the street that the
develol:~ent will be abutting to.
The following ordinance was considered:
NO.82-g6
AN ORD~NAJeCE A~4ENDING THE ZONING ~P OF THE CITY OF DENTON, TEXANS, A~S S~£ A~S
W~ Al)OPTED A.S AN APPEDNIX TO THE ~DE OF ORDIN~UICES OF THE CITY OF DENTON,
TEXAS, BY ~DINANCE NO. 69-1, AND /LS SAID ~P ~d~PLIES TO APPROXIMATELY 30
AC. RES OF LAND OUT OF THE M.E.P. & P.R.R. CO. SURVEY, AaSTRACT NO 1473 OF
DENTON COUNTY, TEXAS, AND ~RE PAJ~T~CULA.RLY OES~IBED HEREIN, AND DELC~RING AN
EFFECTIVE DATE.
Rtddlesperger motioned. Alford seconded. On Roll Call Vote, Barton, a~,
Hopkins, aye, Stephens, ~e, Alford, ~e, Rtddlesperger, aye, Ch~w, aye. The
motion carried unanimously.
The Council consider~ a.~etitton of PhillipM. Smith requesting a change in
zoning from two family {~ P) to the Planned Development (PO) classification at
Slg and 528 Bolivar Street (First Church of the Nazarene). The Planned
Oevelop~ent, if approved will permit a funeral home use only, (Planning &
Zoning Commission recommenas approval.)
Staff person Ellison stated that of the notices sent out none were
returned in opposition.
~yor Pro Tam Stephens asked if there were any mead)ers of the
audience in opposition. No one responded. He asked if there were in
m~n~)ers in the audience who would ltWe to spe~k in favor. Rev.
Smith, Pastor of the First Church of the N~arene cam~ forward. Rev.
Smith stated that he was in favor of the change.
Elltson stated that the Planning and Zoning Commission unanimously
r~ca~mmnds this zoning change.
The following ordinance was considered:
City Councll ~eetlng Mtnutes
Nove~er 16, lgB2
Page Three
NO, 82-97
AN ORDINANCE N~ENDING THE ZONINGMAP OF THE CITY OF DENTON, TEXA~, A~ SN4E WAS
ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
BY ORDINANCE NO. 69-1, AND AS 5AID MAP APPLIES TO 519 AND 529 BOLIVAR STREET
IN THE CITY OF DENTON, AND MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING
AN EFFECTIVE DATE.
Chew motioned. Rlddlesparger seconded. On Roll Call Vote Barton, aye,
Hopktns, ~ye, Stephens, aye, A1ford, aye, Rtddlesperger, aye, Chew, aye. The
motion carried unanimously.
The Council heard Public Hearing on establishment of revised single member
voting districts.
Council Person Rtddlesperger expresse~ his appreciation to the COG Board for
their work tn atdtng tn the establishment of these revtsed districts. He
further stated that it was the desire of the Ctty Council to keep the
districts as equal tn stze and compact as possible while keeping them
consistent regarding the citizen's interest. ~yor Pro Tem Stephens asked if
there was anyone in the audience ~ho was tn opposition. No one responded. He
asked if there was anyone who wished to speak in favor. No one from the
audience came
~eff ~yer spoke for the staff. He stated that there was an ordinance later
In the meettn9 requesting the Council's approval. He further stated that this
was done in order to give the Council and any ctttzen the opportunity to speak
prior to submitting the ordinance.
The Counctl considered the adoption of an ordinance providing for the
abandonment of a uttltty easement wtthln the City of ~enton and authorizing
the Ma~yor to execute a quitclaim deed conveying all rtght, tttle, and interest
of the Ctty in said easement to the owner of the tract of land conveyed by
said easement.
Ctty Manager Hertung reported that the Uttllty Board and the City Staff
u.~antmously recommend the adoption of this ordinance.
The following ordinance was considered:
NO. 82-g8
AN ORDINANCE PROV[O[NG FOR THE A~ONOOI~MENT OF A UTILITY EASEMENT WITHIN THE
CITY OF DENTON AND AUTHORIZING THE MAYOR TO EXECUTE A ~UITCL.~IM OEED CONVEYING
ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE OWNER OF THE
TRACT OF LANO CONVEYED BY SAID EASEMENT, AND DECLARING AN EFFECTIVE DATE.
Chew motioned. Barton seconded. On Roll Call Vote Barton, aye, Hopkins,
aye, Stephens, aye, Alfo~, aye, Rtddlesperger, aye, Chew, aye. The motion
carried unanimously
The Council considered the adoption of an ordinance designatinga school zone
on U.S. Highway 380 to the Selwyn School and Bethel Christian Academy.
Rick Svehla spoke for the staff. He stated that the Traffic Ssafety SupPort
Con~lssion has unanimously recommended the adoption of this ordinance.
Further, he stated that their recommendation is made with a stipulation that
Selwyn and Bethel assist in the funding, i.e., actual hardware, and the City
would take care of the labor costs. He told the Council that he had met with
representatives from the Selwyn School and had an indication from them that
they may be able to assist in the funding, He stated that the estimated costs
woula be $4000.
Council Person Chew asked to hear from Dwight ~ailey. ~alley stated'that he
was not aware that an ordinance was up for the &pproval of the Council at this
time. He further stated that he had made & commit~mnt to Svehla that, "if the
funding for traffic signal lights was a problem that they would like to add
funds".
~:~ty Council Meeting Minutes
ven~er 16, 1982
Page Four
The following ordinance was considered:
NO. 82-99
AN ORDINANCE DESIGNATING AND ESTABLISHING A SHCOOL SAFETY ZONE ON UNIVERSITY
DRIVE FROIq A POINT APPROXII~AT£LY 345 FEET EAST OF THE DRIVEWAY ENTILANCE TO
SELWYN SCHO~L TO A POINT AFPROXIIqATELY 375 FEET WEST OF THE ENTRANCE TO BETHEL
C~ISTIAJ~ AC. ADEJHY; ~OVIOING A SEV~AJ)LITLY CLAUSE~ AND OECLANING AN EFFECTIVE
DATE.
Rlddlesperger motioned. Alford seconded. On Roll Call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Rtddlesperger, ~ye, Chew, ~Ye. The
motion carried unanimously.
Ihe Council considered the adoption of an ordinance designating a school zone
on Sherman Drive from Kings ~ to Windsor.
Svehla told the Council that the Traffic Support Commisstosn recommends
adoption of this ordinance. He further told the Council that if school zones
are establish~, the state may request that we put up flashers. He reiterated
again that these items are not budgeted in this year°s budget. Svehla told
the Council that the TSC had mede a recommendation that a walkway be put along
the eaststde of Sherman to Windsor. Another alternative of the TSC was to
construct a short piece of walkway from Kings Row to Stratford of asphalt.
Svhela reported that flashers would cost the City approximately $4,000, the
Sidewalk would cost approximately $10,000, and the asphalt walkway would be
approximately $300. He stated that the staff is reco~nendtng the asphalt
walkway,
Alford stated that he was asked to observe this area when school first began.
He told the Council that this area is a real concern to parents and citizens,
and it could be potentially dangerous for school children crossing.
Hopkins motioned to approve the asphalt walkway rather than the ordinance
desi~natn~ a school zone. Alford seconded. The motion was carried
unanimously.
me Council considered the adoption of an ordinance designation a school
safety zone on Sherman Drive (U.S. 428) to Kings Row to Kings Row.
Svehla stated that if an asphalt walkway is installed this ordinance, will not
be necessary.
Motion was made to approve the staff reconmmndations to construct an asphalt
walkway.
The Council considered the adoption of a proposed ordinance revising the
single member voting districts.
The following ordinance was presented:
NO. 82-100
AN ORDINA~ICE CREATING AND DES~IBING FOUR SINGLE MFJ4BER ELECTION D~STRICTS IN
THE CITY OF DENTON, TEXAS; DETERMINING THE POPULATION OF THE CITY OF DENTON
A,NO OF EACH SINGLE MEMBER DISTRICT; AND PROVIOING ThtAT THIS ORDINANCE ShLALL
BECOME EFFECTIVE FROM AND AFTER THE DATE OF PA~SSAGE OF THIS ORDINANCE.
Chew motioned. Barton seconded. On Roll Call Vote Barton, aye, Hopkins,
~ye, Stephens, aye, Alford, aye, Riddlesperger, a~, Chew, aye. The motion
carried unanimously.
The Council considered placing the intersection'of 8ell and Withers on a
yellow and red flashing sequence; yellow on Bell and red on Withers.
Svehla stated that the signal was counted twice within the last year. He
further stated that the signal now in exlstance does not m~et standards. He
~old the Council that the Traffic Safety Support Con~nission recon~nends placing
~his signal on flashing sequence.
City Counct1Meettng Hlnutes
Nove~er 16, 1982 79
Page Five
Hopkins stated that the signal should be placed on flashing sequence. He
stated that the traffic is not there to warrant a fixed cycle,
Alford moved to table the item for further study. Chew seconded the motion.
Mayor Pro Tam asked for "A~ye" vote, Barton, Hopkins and Stephens voted "A~ve",
on "Nay" vote, Alfor~ and Chew voted "Nay", Rtddlesperger abstained from
voting.
Hartung asked for the Council to give instructions to staff. Alford stated
that he felt the issue is a concern for people traveling on Withers and not
Leing able to c~o~s in the mornings. Svehla stated that there is only one
ur per day that the light meets traffic requirements that may indicate the
need for fixed sequence.
Hopkins moved that the light be put on flasing sequence for a thirty (3) day
period of time and then have the Traffic Safety Support Commission make
another reco~mmndation at that time. Svehla stated that the TSC would not be
meeting in December and therefore would not be able to discuss this further
until the January meeting.
Hopkins then motioned that the item be discussed and a report and
recommendation be made to the City Council after the January meeting of the
TSC. Barton second~ the motion. The motion carried unanimously.
No official action on executive session items was taken.
No new business was requested for future meetings.
The CounCil convened into Executive Sas)Ion at 8:g3 P.M.
!
~lckiWestllffg, Oeputy aY $icretary
0709~
MINUTES
CITY OF OENTON CITY COUNCIL
November 23, lg82
5:30 P.M.
Special Called Meeting of the City of Denton City Council on Tuesday, November
23, at 5:30 P.M. in the Civil ~fense Roo~ of the Municipal ~utlding at which
the following items will be considered:
The Council heard A.L. Jackson report on the possibility of the old Safeway
store being renovated and made into an establishment which would sale
alcoholic beverages. Mr. Jackson asked for the Council's support in passing a
resolution in opposition to this establishment being given a permit to
dispense alcoholic beverages.
Rtddlesperger asked to hear from Wayne Autrey, Chief of Police of TWU. Autrey
stated that it was his opinion that allowing such an establishment in this
location could possibly be detrimental to the health end welfare of the
students housed on the TWU ca~us because of the heavy automobile traffic on
Elm and University.
The Council asked for a legal opinion fro~ C.j. Taylor. TaYlor stated that
whet~er or not the Council was in opposition or support of the establishment
the State would ultimately make the judgement as to whether or not to allow
such an establishment. He went on to say, however, that it certainly would
not hurt the position of Mr. Jackson and the group he represents to have a
resolution stating the Council's support of their efforts.
The Council wen~ into Executive Session to discuss Legal Matters -- Under Sec.
2(el, Art.'6252 17 V.A.T.S., Real Estate -- Under Sec. 2(fl, Art. 6252-17
V.A.T.S.; Personnel -- Under Sec. 2(gl, Art 6252-17 V.A.T.S. and Board
Appointments -- Under Sec. ~(g), Art 6252-17 V.A.T.S.
The Council convened into a special called meeting at 7:00 P.M. in the Council
Chambers at which time the following were considered:
~ES£NT: Barton, Hopkins, Stephens, Alford, Riddlesperger, Chew, FlaVor Stewart.
The Council considered the consent agenda.
A. Bids and Purchase Orders: ,
1. 8id #9053 -- Airport Substation
2. Bid fgO~ -- Windsor Drive Paving and Drainage
B. Change Orders:
1. Change order fl for Gracon Construction Co~oany for Wastewater
Treatment Plant -- Effluent Filters
2. Change order flO for Gracon Construction Cc, npany for Wastewater
Treat~nent Plant.
Hopkins motioned to approve the consent agenda as it appeared. Alford
seconded. The motion carried unanimously.
The Council received a progress report from Clovis Morrisson regarding the
Arts Center.
Morrisson introduced Mary Isham. Isham reported to the Council the status of
managership and funds for this year and projections for lg83.
Alford asked Isham if she had the results of the auction. Isham responded
that they were very pleased with the turnout, however she further stated that
an official report was forthcoming.
The Council heard from Gary Juren. Juren told the Council that it is his
desire to maintain the industrial character of Denton.
~rrtsson reported to the Council that it was not his intent to ask for any
approval of plans for the Arts ~uilaing at this time. Rather, he was merely
appearing in the hopes of helping the fund raising efforts. He further stated
that the Arts Council would soon be ready to begin the actual renovation and
building within the next 9 months, and suggested that the City b~in m~king an
effort to remove the generators that are currently stored in the old building.
Minutes of Council Heating
Nove~er Z3, lg8~ ~
Page Two
Riddlesperger co~ended Horrlsston on his efforts and the efforts of the Arts
Council. Alford stated that Iqorrtsston appeared very optimistic about the
future plans, ~nd assured him that he had the encouragement of the Council.
The Council considered the adoption of an Ordinance to abandon Electrical
Utility Easement on lot ~1¢, Block D, Willow Wood West A~dition.
Nelson spoke for the staff, Nelson stat~ that the staff recoe~nends approval.
The following ordinance was considered:
NO. 82-101
~ ORDINA~.f ~OVZDZNG THE MONOO~ENT OF A UTILITY E~EMENT WITHIN T~ CITY
OF DENTON ~,ND ~dJTHORIZING THE ~,lkYOR l~ EXECUTE A (~JITCLAIM DEED CONVEYING ALL
RIGHT, TITLE Ad~D ZNll~REST OF THE CITY IN SAID EA.SEJ~ENT TO T~ OWNER OF THE
TRACT OF LAND ~NVEYED BY SAID E~ENT, AND DECL~ING AN EFFECTIVE
Hopkins motioned. Alford seconde(J. On Roll Call Vote Barton, ave, Hopkins,
~e, Stephens, ~e, Alford, ~e, Rtddlesperger, aye, Chew, ~e, ~qLyor Stewart,
~e. The motion carried unmnimeusly.
The Council considered an update of street light
pro
rata
charges,
Nelson spoke for the staff. He reported that ~he costs are reviewed
semi annually. He further stated that the Utility I~oard and staff recofl~ends
approval,
Barton motioned to approve, C~ew seconded. The motion was carried
unanimously.
The Council considered the approval of a contract wl~h Hogan and Rasor for
water distribution system flow analysis,
Nelson spoke for the staff, Ne raported that the City had entered into an
engineering state with Freese and Nichols. He told the Council that Hogan and
Rasor has prepared a study and has provided this to the staff.
Stephens asked Nelson if this was consistent with what had t~ken place in the
past.
Hartung stated that the staff was asking for approval of a contract for a
certain a~nount of money to cover a certain amount of work.
Stephens motioned to approve the contract. Hopkins seconded. The motion
carried unanimously.
The Council considered the ~ndment of the 1982 through lg87 Weter~astewater
System Capital Improvement Plan to include Water and Sewer Lines on the new
Windsor Street extension.
Nelson spoke for the staff. Nelson reported that Windsor Street is being
extended at this time. He further stated that the cost for water and sewer
lines was not included in the C.I.P. He stated however, that these funds are
being provid~ for through the utility revenue and would not change the total
dollar ~nount of the C.I.P.
Hopkins motioned to approve the amendment. Afford seconded. The motion
carried unanimously.
The Council consider~ the approveal of ~n adjust~ent of Personal Property Tax
Accounts
Hartung stated that this is the charge-off list received from the Tax
Department.
Ma~r Stew~t stated that he feels uncon~'ortable with allowing the persons on
the roll to 'get away without payipg". Stephens asked staff if they were
certain that they had made every effort to contact the persons on the list.
McNary reported the process that the staff currently goes through in trying to
locate the persons on the list.
Minutes of Council meting
Novel,)er 23, lg82
8~age Three
Hartung asked Council if they would like to table the item for discussion at a
later date.
Chew motioned to table the item. Hopkins seconded. On Roll Call Barton,
NAY, hbpktns, aye, Stephens, aye, Alford, aye, Rtddlesperger, aye, Chew, eye,
Mayor Stewart, aye. The motion was carried with six voting "aye# and
voting "nay".
The Council considered the replace~nt of a King Cole (previous ~sistent City
Manager) on the City of Denton Industrial Development A~thortty with Rick
Svehla, A~sistant City Manager.
Stephens motion. Chew seconded. The motion was carried unanimously.
The Council considered the appointments to the Utility Rate Review ~vtsory
Cce~ittee.
Ma)~3r Stewart asked Hopkins to read the list for the record.
The following names were submitted for appointJnent:
Robert O. Benfield
Gilbert 6ernsteln DISO
Dick Craven Business Person
Cassandra Gotham League of Women Voters
Art. D. Hess All Electric Consumer
Mike Lewis Home ~ullder
Juanlta Mtlam Small Residential Consumer
Wayne Olson Local [ndustry
Delbe~ Overstreet NTSU
Dick Stewart Council
Rose Taylor Homemaker
H~pkin5 motioned to approve, Stephens seconded. The motion carried
unanimously.
The Council considered the appointment of James Johnson to the position of
Deputy City Secretary.
~k)pktns motioned. Sarton seconded. The motion was carried unanimously.
The Council took action on the following ite~ discussed in Executive Session:
The following resolution was considered=
RESOLUTION
WHEREAS, the City of Denton find~ it necessary to purchase a
certain tract of land located in the City of Denton, Texas, and more fully
described below; and
WHERE., the City Council of the City of Denton is of the opinion
that the best interest and welfare of the public will be served by the
purchase of the parcel of real estate described below; and
WHEREAS, the City of Denton and ~nes Lee Dean Nell and Willimn C.
Nell, owners of said parcel, agree that a consideration of Two ~ousand Nine
Hundred and Sixty Dollars and Twenty Cents ($2,960.20) is a fair and agreed
value of such described property;
NOW, THEREFORE, SE IT RESOLVED BY THE CITY COUNCIL OF TH[ CITY OF DENTON,
TEXAS:
SECTION I.
The City Attorney is hereby authorized to prepare the necessary legal
documents to complete the transfer of property so described below f~om the
owners thereof to the City of Denton:
Hinutes of Council Meeting
November 23, 1982
Page Four
All that Certain 0.030 acre tract, or parcel of land sttu~ted in the B.B.B. &
C.R.R. Co. Survey, Abstract No. 186, Denton County, Texas, said tract being
part of a tract shown by deed to Agnes Lee Dean and recorded in Volume 734,
page 716 of the Deed Records of Denton County, Texas and being more
larticularly described as follows:
eginntng, for the southeast corner of the tract being described herein at an
ir~n pin set in the southeast corner of said Dean tract;
Thence North 88 degrees ll minutes 56 seconds West 68.68 feet to an iron ~ln
~ set in the ground at the southeast corner of a tract deeded to R.D. Marti and
) recorded in Volume 416, page 215 of the Deed Records of Denton County. Texas;
Thence North Ol degree 29 minutes 28 seconds East 19.21 feet to an iron pin
set in the ground on the north line of proposed Windsor Drive;
Thence South 88 degrees ll minutes 56 seconds East with the north line of said
proposed road 68.79 feet to an iron pin set in the ground on the east line of
said Dean tract;
Thence South O1 degree 48 minutes 05 seconds West 19.21 feet to the point of
r~. beginning.
"r-J ~ECTION
I"l"l The City of Denton is hereby authorized to pay its share of the necessary
l"1?9 and reasonable cost of closing as required by the sales contract.
PA~SSED AJ~D APPROVED this the day of November, 1982.
RZGHARD O. STEWART, MAYOR
CITY OF DENTON
ATTEST:
VICKI WESTLIN$, DEPUTY
CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED ~ TO LEaL FOIU4~
C. ~. TAYLOR, J~., CITY ATTORNEY
CITY OF DENTON,
BY:
Chew motioned. Rlddlesperger seconded. On Roll Call Vote ~arton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye, Mayor
Stewart, aye. The motion carried unanimously.
The Council made the following requests for items to appear on future agendas
as new business:
Council Person Barton requested that a resolution in support of the Asbury
United Methodist Church asking the Alcoholic and Beverage Committee not to
issue an alcoholic beverage permit to the Bank Shot Club be considered at the
next regular meeting.
The Council convened into Executive Session at 7:36 to discuss Legal Matters
-- Under ~ec. 2(e), Art. 6252-17 V.A.T.S.; Real Estate -- Under ~ec. 2if),
Art. 6252-17 V.A.T.S.; Personnel -- Under Sec. ~(g), Art 6252-17 V.A.T.S.;
Board Appoint~ents -- Under Sec. ~(g), Art 6252 17 V.A.T.S.
The meeting w aSAPPROVED:ended. ~~~/
Rfcha~d O. StUart, Ma~or v
Al'TEST:
Vlckl weStllng, l~eputy Clty ~ecretary
0721M
MINUTES
CITY OF DENTON CITY ~UNCIL
November 30, 1982
3:00 P.M.
Special Called Meeting of the City of Denton City Council on T?sda. y, November
30, at 3:00. Re Council met in the following public hearings.
PRESENT: ~yor Stewart, Mayor Pro Te~ Stephens, Council Persons Barton,
Hopkins, Chew and Riddlesperger.
ABSENT: Council Person Joe Alford
3:30 P.M. A. Public Hearing concerning annexation of a~roximately 24 acres
of land located immediately east of the De~tton Sewer Treatment
Plant (Z-1550).
Watkins ~epresented the staff. He reported that the Planning and Zoning
Con~lsson and the Staff reco~3nends annexation.
No one spoke in opposition or in favor.
3:¢5 P.M. B. Public Hearing concerning annexation of approxinmtely 122
acres of land beginning in the centerline of Edwards Road
approximately 1,800 feet east of M~yhtll Road (Z-154g).
Watklns represented the staff. He reported that the Planning and Zoning
Commtsson and the Staff recommends annexation.
No one spoke in opposition or in favor.
4:00 P.M. C. Public Hearing concerning the proposed annexation of
approximately 63.89 acres of land located along the east side
of Waybill Road north of the Andrew Corporation (Z-1541).
Watkins represented the staff. He reported that two reply forms had been
received by staff undecided, one had been received in opposition. He
reported that the Planning and Zoning Commission and the Staff reco~mnends
annexation.
Speaking opposed to the annexation was George Hopkins representing the Andrew
Corporation. Hopkins stated that should the property be annexed that it be
done with the most rigid restrictions. He further stated that it was the
position of the Andrew Corporation to not block the City in the annexation.
Watkins reported that should the property be annexed it would be subject to
regulations of the City of Denton rules ana regulations.
Allen Getz requested that the property be annexed and zon~ for a class "A"
mobile holm park. He further stated that the developer (Getz) would be
responsible for ensuring that the park have quality curbing, etc.
4:30 P.M. 0. Public Hearing concerning the proposed annexation of
approximately 111.72 acres of land located along both si4es of
FM 1830 beginning approximately 200 feet south of Hobsan Lane
(Z-1542).
Watktns stated that the Planntgn and Zoning Con~ission and the Staff
recon~ends annexation. He further stated that fifteen response forms, three
were returned in opposition stating a concern for higher taxes, one was
returnee in favor and one was returned undecided. Watkins stated that this
area is almost completely surrounaed by City property.
Stephens asked for a provision to allow property owners to have property
annexed a certain way at the time of the annexation to assure fei~ness to all
concerned.
~4eyer reported that annexation fees were set in order to assist in meeting the
costs involved in the paperwork, publication of notices etc.
No one else spoke in favor or opposition of the annexation.
Minutes of City ~ouncil Meeting
Novena)er 30, 1982
Page Two
The Council convened into Executive Session in the Civil Defense Room at City
Hall at 5:00 P.M, to dlsscuss Legal Matters'- Under Sec. 2(e), Art. 6252'17
V.A.T.S.; Real Estate -- Under Sec, 2(f), Art. 6252-17 V.A.T.S.; Personnel --
Under Sec. 2(g), Art 6252-17 V.A.T.S.; Board Appointments -- Under Sec. g(g),
Art 6252-17 V.A.T.S.
The Council considered a Resoultion approving an agreement by the City of
Denton Industrial Development Authority to issue bonus for Union Camp
Corporation Facility and the Resolution authorizing the issuance of such bonds
and approving documents.
Hartung stated that the staff re--rids approval. He introduced Tom Spurgeon
of First Southwest ~orporation. Spurgeon stated that this resolution is a
single resolution and the City of Denton will not be under any financial
obligation.
The following resolution was presented:
RESOLUTION APPROVING AJ~ AGREEMENT BY
~ CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY
~ TU ISSUE ~ONDS FOR
~-{ UNION CAMP CJ~RPO~ATION FACILITY
r1'1 A~ND THE RESOLUTION AUTHORIZING THE
~ ISSU~UICE OF SUCH ~ONOS AND APPROVING OUCUMENTS
~ THE STATE OF TEXAS :
CITY OF OENI~)N, TE)G~S :
WHERE., the City of Denton Industrial Development Authority was created
under the auspice of the City of Denton, Texas; and
WHEREAS, it is deemed necessary and advisable that this Resolution be
adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
ThLAT:
Section 1. The Loan Agreement between City of Denton Industrial
Development Authority and Union Camp Corporation, in substantially the form
and substance as attached to this Resolution and made a part hereof for all
purposes, is hereby approved, and ~nds in the principal amount of $3,000,000,
may be issued pursuant thereto for the purpose of paying the cost of acquiring
and constructing or causing to be acquired and constructed the Project as
defined and described therein.
Section 2. The Resolution of The City of Denton Industrial Development
Aathority a~thoriztng the Issuance of Bonds and Approving O~cuments, in
substantiall~ the form and substance attached to this Resolution and made a
part hereof for all purposes, is hereby specifically approved, and the ~nds
may be issued as provided therein.
RESOLUTION OF CITY OF DENI~JN INDUSTRIAL DEVELO~ENT
~JTHORITY AUTHORIZING ISSUA~qCE OF BONOS AND APPROVING
DECUMENTS
WHEREAS, the Development Corporation Act of 1979, Article SlgO.6, Vernon's
A~notated Texas Civil Statutes, as ~mended (the "Act"), authorizes and
empowers the City of Denton Industrial Development Authority (The
"Corporation") to issue revenue bonds on behalf of the City of Denton, Texas
(the "Unit"), to finance the cost of projects comprising land, buildings,
equipment, facilities and ln~orovements, found by the Board of Directors of the
Corporation (the "Boa~") to be required or suitable for the pron~tion of
manufacturing development and expansion and for the industrial develop~mnt and
expansion of industrial facilities and in furtherance of the public purposes
of the Act; and
Minutes of City Council Meeting
8 vember 30, 1982
Page Three
WHEREAS, the Board adopted a resolution on February 22. lg82, pursuant to
which the Corporation agreed to provide for the financing of the cost of the
project (the "Project") ration, which was initially described in said
resolution and is more fully described in Exhibit B to the loan Agree~nt
between the Corporation and the User referenced below, in accordance with the
provisions of the Act~ and
WHEREAS, for purposes ~f financing the cost of the Project, the
Corporation now desires (l) to authorize the issuance of its Revenue Bonds,
Serial 1982 {Union Camp Corporation Project) (the "Bonds"), in the maximum
aggregate principal a~unt of $3,000,000, pursuant to the te~s and provisions
of the Trust Indenture (hereinafter defined) (tt) to provide for the sale of
the Bonds to the purchaser described herein, (iii) to provide for the pajqnent
of the principal of and premium, if any, and interest on the Bonds with
revenues described from the loan of proceeds of the sale of the ~onds to the
User to finance the costs of the Project purusent to the terms and provisions
of the Loan Agre~nt and (iv) to.take and authorize certain other actions in
the connection with the foregoing, and
WHEREAS, the Board has been presented with and has examined a proposed
form of the Indenture of Trust and the BOard finds that the form end substance
of such document is satisfactory and the recitals and findings contained
therein are true, correct and complete and hereby adopts end inco~l~3rates by
reference such recitals and findings as is set forth in full in this
resolution, and finds that it is in the best interest of the public and the
Corporation and assists in carrying out the public purpose of the Corporation
and of the Act to authorize the execution and delivery of such Indenture of
Trust; and
WHEREA~S, the Board has also been presented with and has examtne<t the
proposed form of the Ufftcial Statement and the Underwriting Agremnt, and it
is the desire of the Board to approve the form of the Official St.tangent and
Underwriting Agreement and authorize their execution by the proper officers of
the Board.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
ONETON INDUSTRIAL DEVELO~ENT AUTHORITY THAT=
1. The Corporation hereby authorizes and directs the issuance of the
Bonds in the maximum aggregate principal amount of $3,000,000, in accordance
~tth an Indenture of Trust substantially in the form of the Indenture of Turst
attached hereto as Exhibit A), dated as of Nove~3er l, lgOZ (the
"Indenture"), by and between the Corporation and the Citizens and Southern
National Bank, as Trustee (the"Trustee"), which was presented to the Board,
the form. terms and provisions of such Indenture and the Bonds being hereby
authorized and approved, and the President and any Vice President of the
Co.oration are hereby severallyauthorized and directed to execute and
deliver such Indenture and the Bonds on behalf of the Corporation, and the
Secretary and any Assistant Secretary of the Corporation are hereby severally
authorized to attest and affix the CorporatiOn's seal thereto, with such
changes therein as the officers executing the s~me may approve, such approval
to be conclusively evidenced by such execution thereof.
2. The Official Statenmnt, substantially in the form attached hereto as
Exhibit B and mede a part hereof, is hereby in all respects approved by the
Board, and the President and Secretary of the Board are hereby authorized to
execute
3. The Underwriting Agreement setting forth the te~m~ of the sale of the
Bonds to the purchasers thereof is hereby accepted, approved and authorized to
be deliver~ In executed form to said purchasers, and the President and
Secretary of the Board are hereby authorized to execute same.
4. The 5ale and delivery of the Bonds by the Corporation to 6oldman.
Sachs and Company. at 98.75% of the par value thereof plus accrued interest
thereon until date of delivery is hereby authorized and approved.
Minutes of City Council Meeting
November 30, 1982
Page Four
5. The Officers, employees, and age, ts of the Corporation, and each of
them, shall be and each is expressly authorized, empowered and directed fro~
time to time and at any time to Od and perform all acts and things and to
execute, acknowledge and deliver in the name and under the corporate seal and
on behalf of the Corporation all certificates, financing statements,
instruments and other papers, whether or not herein mentioned, as they may
determine to be necessary or desirable in order to carry out the terms and
provisions of this resolution and of the Bonds to be issued hereunder, as well
as the term and provisions of the Indenture, the Official StateMnt, the Bond
Purchase Agree~nt and the Loan Agreement hereby authorized and approved, such
determination to be conclusively evidenced by the performance of such acts and
things and the execution of any such certificate, financing statement,
instrument or other paper.
6. The Corporation hereby elects to have Section 103(B) (6) (D) of the
Internal Revenue Code of 1954, as M~nded, and the regulations promulgated
the Bonds,, and the President and the Secretary of the
thereunder, appl ~by
Corporation are ~e severally authorized and directed to execute and
deliver a state~nt to the Internal Revenue Service to the effect that the
Corporation has so elected.
7. Based upon representations made by the User to the Board, the Board
hereby affte!aatlvely finds that:
(a) the Project will have the effect of creating or stabilizing
employment within the Unit:
(b) the Project is required or suitable for the promotion of
manufacturing development and expansion and for the industrial development
and expansion of industrial facilities and is in furtherance of the public
purposes of the A~t; and
(c). the Project will contribute to the economic growth or
stability or the Unit by:
(l) increasing or stabilizing employment opportunity;
(ii) significantly increasing or stabilizing the property tax
base; and
(iii) Eromottng coNtmrce within the Unit and the State of
/exes.
8. This resolution shall take effect and be in full force and effect upon
and after its passage.
Hopkins motioned. Stephens seconded. On Roll Call Vote Barton, aye,
~pkins, aye, Stephens, aye, Alfo~, aye, ~iddlesperger, aye, Chew, aye, Mayor
Stewart, aye. The motion carried unanimously.
The Council considered the approval of final payment to Floyd Glen Smith for
¢IP Sidewalks, 1982 in the amount of
Hartung reported to the ~ouncil that the total contract amount was $47,77B.92.
Hopkins motioned to approve. Chew seconded. The motion was carried
unanimously.
There was no new business requested for future meetings.
The Council convened into Executive Session at 5:lg P.M. to discuss Legal
Matters -- L~der Sec. 2(e), Art. &2S2-17 V.A.T.S.; Real Estate -- U~der Sec.
g(f), Art. 6252-17 V.A.T.S.; Persormel -- Under Sec. 2(g), Art B252 17
V.A.T.S.; Board Appolni~ments -- Under Sec. 2(g), Art 6259-17 V.A.T.S.
The meeting was ended.
ATTEST~"~~r -
MINUTES
ENERGENCY MEETING OF THE CITY OF DENTON CITY COUNCIL
THL~SOAY, DECEMBER 2, 1982
12:~ P,M.
The City Council met in the City Manager's Conference Roo~ at City Hall for an
Emerganc~y Meeting on Thursday, December 2, 1982, at 12:30 P.M.
The Council met tn Executive Session to discuss ; Legal Matters -- Under Sec.
g(a), Art. 6252-17 V.A.T.$.; Real Estate -- Under Sec. Z(f), Art. 6252-17
¥.A.T.5.: Personnel -- Un, er Sec. 2(g), Art 6262-17 V.A.T.S.; Board
Appointments -- Under Sec. 2(g), Art 6252-17 V.A.T.$.
The Council convened into open session et [: 07 P.M..
PRESENT: Mayor Steaart, Naxer Pro Te~ Stephens, Council Persons Hopkins,
Alfred, Rtddlesperger and Chew.
ABSENT: Council Person Barton who was on a business trip to Austin, Texas.
The Council considered the approval of a Resolution apprevlng ~ contract
between the City of Denton and Tax1er-Ha11 Construction Corapany concerning
renovation of the old fire station for a police aaatntstration building.
The following resolution was presented:
R E SO LU T 1~ ON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
That the Mayor of the City of Denton, Texas, be and he is hereby
authorized and directed, to execute on behalf of the City of Denton, Texas, a
coetract between Ta~lor-Hall Construction Company, Inc. and the City of
Denton, Texas concerning the renovation of the old fire statto~ for a central
police statton. A copy of ~htch ts attached hereto, and made a peat hereof,
for all purposes.
SECTION
The Ctty Manager, be and he Is hereby authorized to emgloy the necessary
emplaxees, contractors, or supervisors to take over and manage the completion
of the ~enovat~on of the old ftre station Car a central poltce station.
PASSED AND APPROVED thts the 2nd day of December, 1982.
RICNN~ O. STEWUT, ~IAY~
CITY OF DENTON, TEXAS
ATTEST:
VZCKI IdESTL'I'NG
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORIq:
C. ~. TAYL~, ~R., CITY ATTORNEY
CITY OF DENTON, TEXAS
Hopkins motioned. Stephens seconded. On Roll Call Vote Hopkins, aye,
Stephens, aye, Alford, aye, Rlddlesperger, axe, Chew, aye, Mayor Stewart,
aye. The motion carried unanimously
Mi nutes
City Council Meeting
Page
NThe Council. ~nvaned into.Executive Session at l:.gl P.M. to discuss Legal
atters- uncmr Sec. 2(e), Art. 5~52-17 V.A.T.S., Real Estate -- Under Sec.
2(f), Art. ~52-17 V.A.T.S.; Personnel -- Under Sec. 2(g), Art 6252-17
V.A.T.S.; goard A~potntment$ -- Under Sec. 2{g), Att &252-17 V.A.T.S.
The ICmettng was andad.
Deputy C/.ty S~cretary
MINUTES OF THE MEETING OF THE
CITY OF DENTON CITY CDUNCIL
December 7, lgB~
5:30 P.M.
The City. Council convened into Executive Session at 5:30 P.M. in the Civil
Defense ~oom of the Municipal Building to consider the following:
Executive Session:
A. Legtl Metter~.-- Under Sec. 2(e), Afl. 695~-17 V.A.T.S.
B. Real Estate. Under Sec. 2(f), Art. B2B2-17 V.A.T.S.
C. Personnel - Under Sec. g(g), Art 6252-17 V.A.T.S.
O. ~oard Appointmants -- Under Sec. 2(g), Art 6252-17 V.A.T.S.
The City Council convened into regular session at 7:00 P.M. in the Council
Che~bers of the Municipal Building to consider the following items:
PRESENT: Mayor Richard O. Stewart, Mayor Pro Tam Stephens, Counctlpersons
Barton, Hopkins, Alford, Rlddlesperger and chew.
The Council considered the approval of minutes of the Regular Meeting of
HovelS)er 16, lg82, Special Called Meeting of November 23, lg82, Special Called
Meeting of November 30, lg82, the Emergency Meeting of Decen~er 2, lg82.
Me~vor Stewart requested that the minutes be ~nded to reflect the it~ms on
the consent agenda.
councilperson Rlddlespe~ger requested that the minutes of Nov~er 16, lg82,
page three, be amended to show that "it was the desire of the City Council to
keep the districts as equal in size and compact as possible while keeping them
consistent regarding the citizen's interest" not the COG Board.
Hopkins motioned to approve the minutes with the above stated am~n~ents.
Barton seconded. The motion carried unanimously.
The Council considered approval of the consent agenda.
A. Bids and Purchase Urders 1. Bid #9068 -- Gasoline and Diesel
2. Bid fg070 -- Uniforms/Fire Department
3. Bid fg073 -- Dog Food
B. Final Plats:
1. Approval of the final raplat of the Lincoln Park Addition
2. Approval of the final replat of the Montecito Del Sur A~dition
Alford motioned. Chew seconded. The motion carried unanimously.
The Council hea~ the following public hearings:
(Z-1547) This is a petition of Mr. Nolan Browne representing Southmont
Development Corporation LTD, requesting a change in zoning from single
family (SF-16) to planned develol~nent (PD) classification on part of lot
l, block 2; lots 2-6, block 2; and lots 107, block 3 of the SOutt~nont
Subdivision. The Planned Development, if approved, would permit zero lot
tine single fammily detached development on lots rangingfrom
approximately 6,6b~) to 8,400 square feet in size. The Southmont
Su~ivision begins along the south side ot Teasley Lane, adjacent and west
of the Sam Houston Elementary School. (The Planning and Zoning Commission
reco~nends approval.)
Jeff Meyer spoke for the staff. He stated that there had been one
notification request for zoning change returned in favor, and two returned in
opposition.
Nolan Browne spoke in favor of the zoning c~ange. Browne (the developer)
stated that it was his intent to maintain the area as a planned development
area with only 31 luxury honms on a total of eight acres of land. Ha further
ex[ended his personal thanks to David Elltson, Jeff Meyer and Charlie Watktns
for their patience, direction and cooperation over the past several months.
He asked the Council for their approval of the petition as it is submitted.
dohn C. Johnson spoke in favor.
Minutes of Council Meeting of Oecamber 7, 1982
Page Two 91
Roy Ktndrick spoke in opposition of the zonlngchange. He stated that his
property lines adjoin the proposed Southmont Oevelopment. He further stated
that the neighbor~ in his arma ~ere not contacted. He said that he felt that
short zoning was in contrast with the current zoning. He requested the
Council to approve the zoning with the stipulations that a row of SS16 lots be
between the 5outNaont Oevelopeent and his property.
Robert Estes spoke in opposition of the zoning change. He stated that he
really wasn't in opposition of the change, rather he was concerned about the
school children and the traffic plan.
John McOuistion spoke in opposition of the zoning change. He stated that he
owns 16 acres of property that is located on the end of Southmont Street. He
stated that this zoning change weuld deny him access to his property. He
further stated that this would deny htmthe ability to develop his own
Iroperty because the cost would be prohibitive to access the property with the
outhmont Oeveloi~aent located where it is proposed.
Councilperson Chew asked McQuistton if he had submitted a plat to the Planning
and Zoning Commission far their approval and recommendation. McQutsltion
stated that he had not, but that was his intention. Chew asked McQutstion if
the City Staff had made any rec~dattons to him regarding the purchase of
the land now being proposed for development. McQaistton stated that he had
not and that this was never a consideration when the original land was
purchased from Henry Miller.
Councilpereon Hopkins stated that in the material presented earlier by
McQutstton, none of it shows $out~nont Street extended into his property. He
further stated that the new tnfmamatton does show it. Hopkins asked
~Qutsttion for an explanation. Mcquisition stated that he has "escalated his
plans", he further stated that he had felt that if Southmont Street didn't
have to be extended, he didn't wa~t to show it.
Oaznon Nolan spoke in opposition to the zoning change. He stated that the
people who own the land in the area are in opposition because if the zoning
change was approved it would result in Pennsylvania Avenue dissecting his
property.
Ed Bright spoke in opposition. He stated that he had intended to purchase and
develop part of the land now owned by ~Quistlon, if the zoning change Is
approved he will not be able to do this because of the inability to access the
property.
John Kozura spoke in opposition. He stated that if this zoning change is
approved and Pennsylvania Avenue is extended, it will result in a domino
effect in the area with no north-south outlet.
Councilperson Hopkins asked Kozura if he was concerned about problems possibly
wi~h pressures f~om ce~ercial builders along Pennsylvania Avenue if it were
ex[enoed out to ~yan Road. Kozura stated that he does not feel qualfied to
answer that question.
Carl Thompson spoke in opposition of the zoning change. He stated that his
opposition is based on the fact that he is the father-in-law to McQuistlon.
George Hopkins spoke as representative of the builder. He stated that: il) by
virtue of the nature of the proposed Soutbmont Develop,dent (single integrated
units) must rise or fall in its present form; (2) Pennsylvania Avenue item is
moot; (31 In reference to the scheel children, sidewalks can take care of
thier safety; {4) ~Quisitton wants to keep SFIO zoning; {S) regarding
Kindrick's concern, the greens will be an adequate buffer zone; (6) Kindrick's
property will have four acres of adequate protection. He further stated that
this "is a unique concept, it is the way of the future". He stated that the
quality of houses that will be built in the Southmont Development will be
compatible with those existing in the area now.
David Elltson spoke for the staff. He stated that the tots abutting to
Kindrtck's property would be traditional lots. He stated that the staff's
sun~ary evaluation rating of this proposed zoning change is totally acceptable.
~ltnutes of Council Meeting of Decen~oer 7, lgB2
Three
Mayor Pro Tam Ray Stephens stated that he visited with persons on both sides
of this issue. He reported to the audience that the Council has a precedent
for asking principles to work out their differences if possible.
Councilperson Barton stated that the staff answered his questions fully.
Mayor Stewart stated that he was extremely pleased with the way this hearing
was handled. He stated that this was one of the finest public hearings that
had c(~e before the Council. He further stated that he is convinced that this
development will be good for the City, and strongly urges its approval.
Councllperson Hopkins stated that he has studied the tnfomatlon provided for
the past two weeks. He further stated that he has personally spoken to
several parties involved on both sides, and has '~alked the site".
The Council considered approval of an ordinance changing the zoning from
single f~ily (SF-16) to planned development (PD) classification on part of
lot l, block 2; lots 2-6, block 2; and lots l-i, block 3 of the Southmont
Subdivision.
The following ordinance was submitted:
NO.82-102
AN ORDINANCE N4ENI))NG THE ZONING MAP OF THE CZTY OF DENTON, TEXAS~ AS SA. ME WAS
ADOPTE~ AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
BY ORDINANCE NO. 6g-l, AND AS SAID ~LAP APPLIES TO PART OF LOT l, BLOC3( 2 AND
ALL OF LOTS 2-6, BLOCK 2 AND ALL OF LOTS 1-7, BLO~ 3 OF THE ~OUT~I~ONT
SUBDIVISION IN THE CITY OF DENTON, TEXAS; AND MORE PARTICULARLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE DATE.
Barton Motioned, Chew seconded. On Roll Call Vote Barton, aye, Hopkins, aye,
Stephens, Nay, Alford, aye, Rlddlesperger, aye, Chew, aye, Mayor Stewart,
aye. The motion carried six to one in favor,
The Council recessed at 8:51 P.M., to reconvene at g:05 P.M..
Upon reconvening, the City Council considered the following:
Discussion of the proposed Denton Development Code {Subdivision and Land
Developamnt Regulations).
Steve Fannin represented the staff. He reported to the Council that the
proposed changes were very minute. Ha further stated that the main concern
was having the City Council take action on approval of plats and replatttng.
He stated that in the platting process, the City Council is called upon to do
administrative processing, when in most cities this is handled by the Planning
and Zoning Co~etsslon.
Robert LaForte, Representative of the Denton Plannin and Zoning C~mmission
spoke before the Council. LaForte stated that since the Denton Development
Code lsa technical document it is not easily understood. He stated that the
reco~maended changes are: (1) Replats -- too much time is wasted by having
replats go before the P&Z end the City Council, should go from P&Z to County
directly; (2) Annexation -- P&Z to be included in the planning and study
meetings; (3) Plats -- once P&Z approves, they should be sent directly to the
County. He further stated that most platting is not controversial and the
City Council would not be overburdened with platting issues that are routine
and without problems or controversy.
Councilperson Hopkins thanked the P&Z for their work on the the Denton
Development Code.
Mayor Stewart stated that he would like to see the plats and replats stay on
the agendas for action by the City Council.
Mayor Pro Tem Stephens comanded the P&Z for their time. He further stated
that he is in agreement with the Mayor regarding the City Council making the
final approval on the plat issue.
Minutes of Council I~eeting of Decree)er 7, lg82 93
Page Four
Martly~ Snip stated that she was in favor of recoawnending that si~envalks be a
part of every developaent plan.
Tony Hodgtns stat~ that he was concerned shout the wording in the C~e "at
discretion of the Pl,! sidewalks may not be allowed".
Ma~q3r Stewart isked that anyone who wish~ to appear to please do so, but
stated that the Council would not hear further con~ents about sidewalks.
Stanley TIaras stated that he was not in opposition of the Code. He asked that
the City Council consider retaining the right to have final rather than
reltnguish authority to PlaT. Tim read fro~ a letter signed by Mrs. Fred
Thoa~s stating that property was replatt~ near her home and there was no
notification from the City or the PI~I.
Mr. Butch asked that the City Council "get all areas of the City within
existing ltmts under control befere annexating any future property".
Heather White spoke in opposition of the Code. She asked the Council if it
was their desire to approve housing that will allow further flooding in the
Kingston/Trace Area.
Mayor Ste~rt told Ms. White that the Council was not hearing this issue at
this time.
Councilperson P~)pktns stated that the whole purpose and intent of the Denton
Developamnt Code rules and regulations is so that the City won't have other
situations that have coam up on the past that ultimately result in flooding,
etc. as Ms. White seems to be referring to. Hopkins told Ms. White that he
felt the staff would answer any questions she may have in their suneary report.
M~or Stewart remindtd Ms. White that although the Council may call on an
individual to spe~k, speakers are not permitted to ask direct questions of the
Council.
John Kokalis appear~ in opposition of the DOC. He stated that if the Council
relinquishes its main resp~sibtltty in not approving the plats it will be
wrong. He further stated the as re~)resentatives of all the citizens it is the
Council's responsibility to re, tn in control. Kokalts said, "the
administration is here to advise the City Council only, not to pursuade or
lobby -- to advise only".
Councilperson Barton stated that rd)kalis was referring to a letter in the
Denton Record Chronicle, and "that letter was in error".
Kokalts stated that he ~uld like to see o~inances printed in the paper prior
to having the City Council approve the~.
Mayor Pro Tm SteVens stated that the back-up materials for the nmeting of
this date were received on Thursday. He further stated that this issue is
merely being discussed at this time, and the final decision is not being made.
~katis state<l that the "City of Oenton has great potential, it is like a
cheery tree ripe for picking and we all w~nt results to be good". He further
stated that he feels the City Council is concerned.
Steve Fannin stat~ that the staff rece~nds approval. However, if the City
Council would like to have a work session with the staff and the P&Z to
discuss any issues of concern.
Mayor Pro Tam Stephens stated that a work session was a good idea.
M~or Stewart reiterated his earlier remarks about the Council making final
decisions on all ~lats on the consent agenda. However, he stated that the
City Council would certainly take into consideration the points brought up by
the citizens, the staff and the P~ C~isson.
Councllperson Barton stated that the Code, if approved, should be condensed
for publication.
Mayor Stewart congratualted all interested persons speaking on this issue.
Minutes of Council Meeting of December 7, lg82
9~ge Five
The Council considered the petition of George Ltllard.
(Z-lS44) This is the petition of Mr. George T. Lillard requesting a change
of zoning from general retail (GR) to the conmmrcial (C) classification on
a 4.796 acre parcel located along the south side of highway ~0 East,
beginning approximately S,O00 feet east of the intersection of Mayhill
Road and highway 380 east. {The Planning and ~oning Co~tssion recommends
approval.)
David Ellison spoke for the staff. He stated that the staff and
Coaeisston recoemends approval.
George Ltllard spoke to the Council. He stated that he intends to maintain
the property in an acceptable manner. He further stated that it is his intent
to utilize this space for rides for kiddies.
Mayor Stewart asked Lillard if it was his intent to have this area have the
appearance of a nice looking village. Ltllard stated that the rides will be
outdoor rides and that he will keep the place presentable.
Mayor Pro Tam Stephens aske~ if Lillard intended to "dress-up" the area.
Ellison stated that there were no specific mentions of this in the petition,
but Ltllard had stated that he would keep the area clean.
Stephens asked if Lillard planned to do any landscaping in front. Ellison
stated that the only way to assure this would be to modify the zoning change
to reflect landscaping as a prerequisite to approval.
The City Council considered the approval of an ordinance changing the zoning
from general retail (GR) to the coranercial (C) classification.
The following ordinance was considered:
NO. 82-103 i
AN OROII~ANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS
AI~PTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON. TEXAS,
BY OROINANCE NO. 6g-l, AJ~D A.5 SAID MAP APPLIES TO APPROXII~ATELY 4.796 ACRES OF
LJLNO OUT OF THE MORE~ FORREST SURVEY, DENTUN COUNTY, TEXAS; AND MQ(~E
PARTICUL~L~LY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE.
Stephens Mettoned. Hopkins seconded. On Roll call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, ~hew, aye, Mayor
Stewart, aye. The motion carried unanimously.
The Council discussed a petition of Jerry Gage requesting a change in zoning.
(Z-lSd) This is the petition of Jerry L. Gage representing Real Estate
Services, Inc. requesting a change in zoning from multi-family (MF-2) to
planned development (PO) classification on e parcel approximately
acres in size. The property begins approximately 300 feet north of Eagle
Drive and has approximately 160 feet of frontage along the east side of
Central Stt-eet and 100 fee_t of frqntage along the west side of Welch
Street. The planned Development (PO) would permit development of a single
family attached (townhouse) land use on lots typically 15'x30'. (The
Planning and Zoning Commission recon~nds approval.)
David Ellison spoke for the staff. He reported that the staff and the
recoammnd approval.
Larry Richter reported to the Council that he was available for any questions
that they may have.
Mayor Stewart asked what the size of the lots are. Ellison stated that the
size is technically 16'x30'. However, he stated that because the proposal is
to build townhouses, typically lot size is referred to as land use.
Councilperson Riddlesperger asked Richter is each townhouse would be sold
individually. Richter replied that the intent was to sell the develol~nent in
this manner.
Minutes of Council Meeting of December 7, 1982
Page Six
The Council considered approval of an ordinance changing the zoning from
multi-family (MF-2) to Plann~ Development {PO} classification for single
family attached (townhouse) use.
The following ordinance was considered:
NO. 82-1~
AN ~DINANCE AMENDING THE ZONIN$ KAP (JF THE CITY OF DENTON, TEXAS, AS SAJ~E WAS
AZ)OPTED A.S ~ APPENDIX TO THE ~DE OF ORDINAJ~CES OF THE CITY OF DENON, TEXAS~
BY ORDIN~CE NO. 6g-l, AND AS SAIl) MAP APPLIES TO APPROXIk~ATELY .604 ACRE OF
~ND, MORE OR LESS, BEING LOC~ATED APPROXI&ATELY 300 FEET NORTH OF EAGLE DRIVE
BEIIWEEN CEN~AL /U¢O WELCH STREETS IN THE CITY OF DENTON, TEXAS; AND MORE
PARTICUL.ad~LY DES~IBED HEREIN; ANO DECI.,~J~IN6 AN EFFECTIVE DATE.
Alford motioned. Hopkins seconded. On Roll Call Vo~e Barton, aye, Hopkins,
~: StephenS,The motionaye'carriedAlf°rd'flveaYe'to two.Riddlesperger' NAY, Chew, aye, Ma)~3r. Stewart,
The Council received a report from Dwight ~iley and representatives of the
Selwyn Sch~l regarding the school zone on highway 3~ at the entrance of the
Selwyn School.
Galley stated that of the 177 total students attending the Christian School,
65% are Denton citizens. He further requested that the Council consider
contacting the State to authorize the area of U.S. Hw~ 380 by the Selwyn
School a school zone. Further, 6alley stated thatall persons attending both
schools ~nd persons ~siding in R~nch Estates unanimously request that the
City install flashing signals in this area.
Mayor Pro Tam Stephens stated that it was his feeling that the City could find
a way to fund this light.
Lynn Ludwig spoke in favor or having th.e area designated as a scho_ol safe.ty
zone and having flashing signal lights ~nstalled. She urged the ~ounctl =o
act quickly as she said, "we are working with a time bomb out there".
Councllperson Riddlespergar stated hi5 appreciation to Dwight Galley and Lynn
Ludwig. He recognized their concern.
Mayor Stewart reported that there are State ramifications which now govern
that area of the highwaY. He asked that staff come back with a recormnendatton
on the legal and economical restrictions aha possibilities at a later date.
Svehla asked if it was the Council's desire to ask for the m~Jor change
allowable bringing the speed limit down to 35 mph in that area. He further
stated that if this was the case it may take at least a month or more before
anything can begin. He further asked for direction from the Council.
Barton motioned to have staff make reconm~andation. Hopkins secondea. The
motion carried unanimously.
The Mayor called for the schedul~ appearance of Paul Pruitt regarding barking
dogs. Mr. Pruitt did not appear.
The Council took a brief five minute recess.
Upon returning from recess, the Council considered the approval of a
resolution in support of $1.50 Per Capita Funding for Public Libraries.
The following resolution was presented:
RESOLUTION
WHEREAS, the Conetitution of the State of Texas affirms the principle that
"a general diffusion of knowledge is essential to the preservation of the
liberties a~d rights of the people" (~ttcle VII, Section 1)~ and
9~tnutes of Council fleeting of December 7, lg82
Page Seven
WHEREAS, the public libraries of the State of Texas fec111tate the
greatest diffusion of knowledge, freely, and to all citizens, regardless of
age or economtc background; and
WHEREAS, the Texas State Library and As'chives Co~nisston has approved a
budget request for the next biennium which would see 5tote bunds appropriated
to support local library services in an amount equal to $1.50 per capita; and
WHEREAS, an appropriation in this amount would create a State ~nd local
partnership to provide the educational services of local publtc libraries, a
partnership which Is essential If adequate service Is ever to be ~ealtzed; and
WHEREAS, an appropriation of $1.50 per capttal would be used by the Denton
Public Library to obtain extensive servtces for users; and
WHaRF. AS, the State of Texas, which has appropriated funds for local public
llb?rle? In t~e current btenntum In an amount ~ual to $0.32 per capita,
ranks only 2~n a~mng the 44 states approprtattn~ funds for this purpose; and
WHEREAS, the State of Texas Is fortunate to possess the means necessary to
provtde for 1ts ctttzens In, proved public library services through Increased
State funding of local public libraries; NOW, THEREFORE,
BE IT RESOLVED ~Y THE CITY COUNCIL OF THE CITY OF DENTON, TEX~LS:
That, the City of Denton, Texas pledge its support of level 4 funding for
the Storewide Library Develorm~ent program of the Texas State Llbrery, and that
we further urge the support of all members of the Texas Legislature to gain
passage of thts measure.
PASSED AND APPROVED this the .. day of Dece~H)er, lg82.
RICh[ARD U. 5TEWNk~F, MAYOR
CITY OF DENTON, TEXAS
AI'I'EST:
VIC)[I WESTLING
DEPUTY CITY SECRETARY
CITY OF DENTON, TE~
APPROVED ~G TO LEC~AL FORM=
C. J. TAYLOR, JR., CITY ATTORNEY
BY:
Barton Motioned. Chew seconded. On Roll Call Vote Barton, aye, Hopkins, aye,
Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye, Mayor Stewart,
aye. The motion carried unanimously.
The Council considered the approval of a resolution opposing issu4mce of an
alcoholic beverage permit st ll6 West Univemity (The Bank Shot).
Counctlperson Barton asked to hear from Mr. A.L. ~ckson. Mr. ~ckson stated
that they had ~eceived word that the person who had appltea for this permit
had withdrew his application without prejudice. However, he stated that the
permit could still be permitted at a later time. ~ackson infonaed the Council
that he t5 requesting that the Council table this resolution until a final
decision as to whether or not this is still a issue is resolved.
Councilperson Hopkins asked for a legal opinion from City Attorney, Taylor.
Taylor stated that the Council could table ~he resolution if they so desire
and bring it back at a later date.
Barton Motioned to table the resolution. Hopkins seconded. ~e ~tton was
carried unanimously.
Minutes of Council Meeting of Decer~er 7, 1982
Page Eight
The Council considered the approval of a Resolution authorizing the City of
Denton to support the Texas Municipal League's 126gm Task Force amendments
governing Police and Fire Departments in the Texas Legislature.
City Manager Hartung stated that the Texas Legislature has met, and a task
force has been established. He further stated that the task force has
proposed a reco~ndatlon for approval. This resolution has been submitted by
that task force.
Barton moved to tmble the resolution. Chew seconded. The motion to table the
resolution was carried unanimously.
Councilperson Alford recognized Ken Gold of the DenOn Fire Department. He
stated that he wished to compliment Gold for his art work and dedication to
the recent slide show used in the promotion of the bond election.
The Council considered the approval of a Resolution authorizing the execution
of a quitclaim deed disposing of p~perty located at the northeast corner of
~Cormick and Willowwood Streets. (D-31)
The following resolution was presented:
RESOLUTION
WHERE', the City Council of the City of Denton has heretofore determined
the necessity for disposing of the real property hereinafter described; and
WHEREA.S, after due notice as required by law, competitive bids were
received by the City of Denton; and
WHEREA~S, the highest bid received was for Five Thousand Eight Hundred
Dollars ($5,800.00), from Marvin Wills; and
WHERE~S, the City Council hereby finds and determines that the reasonable
and fair market value of such pt-operty is Five Thousand Eight Hundred Dollars
($5,B00.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
SECTION I.
The bid for Five Thousand Eight Hundred Dollars {$5,800.00) by Marvin
Wills is hereby acceptS.
S~CTION
The Mayor is hereby authorized to execute on behalf of the City of Denton,
Texas a quitclaim deed conveying the hereinafter described property to Marvin
Wills, to-wit:
All that certain lot, tract or parcel of land lying and being situated in the
City and County of Denton, State of Texas out of the A.N.B. Tompkins Survey in
Denton County, Texas, and being more pa~icularly described as follows:
BEGINNIN$ at the soutt~west corner of a tract of land conveyed to W. H. Barnes
and wife, Ruby Barnes by deed dated A~gust 22, lg45 and recorded in Volume
, Page of the Deed Records of Denton County, Texas;
THENCE north 72 feet along the east line of ~Cormick Street to a point for a
corner;
THENCE east 150 feet to a point for a corner;
THENCE south 72 feet to a point for corner in the north line of Orr-Kid Drive;
THENCE west along the north line of Orr-Kid Drive 150 feet to the place of
beginning.
Minutes of Council Meeting of Decem~oer 7,
Page Nine
CONDITIONS: Sale is subject to the condition that all future t~rovements
shall be applicable to all City of Denton Rules and Regulations,
Specifications and Ordinances.
SECTXON
The City of Oenton is hereby authorized to pay its share of the necessary
and reasonable cost of closing as required by the advertise~nt for bid.
PASSED AND APPROVED this the 7th day of Oecember, lgB2.
giE~La~IU U. ~T~WAAT, ~U~YOR
CITY OF DENTON
ATTEST:
VlCKI WgSTLING
OEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF OENTON, TEXAS
BY:
Barton motioned. Chew seconded. On Roll Call Vote Barton, aye, Hopkins, aye,
Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye, ~ayor Stewart,
aye. The motion carried unanimously.
The Council considered the approval of a Resolution authorizing the execution
of a quitclaim deed disposing of property located along the east side of Mingo
Road beginning app~oximately 270 feet northeast of the intersection of Bell
Avenue and Mtngo ~oad.
The following resolution was presented:
RESOL. UT ION
WHEREAS, the City Council of the City of Denton has heretofore determined
the necessity for disposing of the real property hereinafter described; and
WHEREAS, after due notice as required by law, competitive bids were
receiv~ by the City of Oenton; and
WHEREAS, the highest bid received was for Five Thousand One Hundred
Oollars ($$,100.00), from McMahan Tire & Supply Co., Inc./McMahan Oil Co.; and
WHEREAS, the City Council hereby finds and determines that the reasonable
and fair market value of such property is Five Thousand One Hundred Dollars
($S,100.00);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS:
~ION I.
The bid for Five Thousand One Hundred Dollars ($BolO0.O0) by McMahan Tire
& Supply Co., Inc./Mc~lahan Oil Co. is hereby accepted.
Minutes of Council ~eting of December 7, 1982
Page Ten
SECTION XI.
The Me,or is hereby authorized to execute on behalf of the City of Denton,
Texas a quitclaim deed conveying the hereinafter described property to HcMahan
Tire & Supply Co., %nc./MclC~h~n Oil Co.. to-wit:
All that certain tract or parcel of land situated in the B.B.B. & C.R.R.
Survey, Abstract No. 185, Denton County, Texas, and being a part of that
cart&in tr&ct d~eded by J. A. Carroll to the Missouri, Kansas and Texas R.R.
Co. on October g, 1885, recorded in Volu~ 28, Page 403, Deed Records of
Denton County and being nmre fully d~crtbed as follows:
BEGINNING at the nortl~est corner of Block 1¢ of t~e B.B.B. & C.R.R. Survey,
Abstract No. 185;
THENCE north 89o21'1g" east 28B.$B feet to the east right of way of 60 foot
road, 4n i~on pin, Ge true point of begtnning~
THENCE north 8go21'lg" east 27.21 feet to a point 50.0 feet from the center
line of the main tract of T & P R.R., a 60 penny nail in the crosstte;
THENCE with a curve to the left whose tangent bearing is south 20054'36"
Mst and radius is lg$g.8s feet a distance of 325.55 feet to an iron pin;
THENCE south 8go18'50" west 121.17 feet to the east right of way of a 60
foot road, a railroad spike driven in a concrete slab;
THENCE north 30028' east with said right of way 363.7 feet to the true point
of beginning and containing 0.497 acres of land, n~re or less.
CONDITIONS: If and when development occurs on this site, a minimum
twenty-five foot (~5~) front yard setb&ck is required, and all City of Denton
Rules and Regulations, Specifications and Ordinances shall be applicable.
SECTION III.
The City of Denton is hereby authorized to pay its share of the necessary
~nd reasonable cost of closing as required by the advertisenmnt for bid.
PASSED AND APPROVED this the 7th day of December, 198Z.
CITY OF DENTON
ATTEST:
DEPUTY CITY SECRETARY
CITY OF DENTON. TEXAS
APPROVED AS TO LEGAL FOl~q:
C. J. TAYLOR, ~., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Minutes of Council Meeting of December 7, 1982
lO'ge Eleven
Stephens motioned. Barton seconded. On Roll Call Vote Barton, aye, Hopkins,
aye, Stephens, aye, Alford, aye, Rtddlesperger, aye, Chew, aye, Mayor Stewart,
aye. The motion carried unanimously.
The Council~considered the approval of a lease purchase of IB~ computer
hardware. (Data Processing Advisory Board raco~mmnds approval.)
8tll McNary spoke for the staff. McNary stated that IBM has made the City an
offer of a 34% reduction of costs to pu~chaee hardware. He further stated
that the staff and the Data Processing Advisory Coerntttee recon~r~nds approval.
Chew motioned. Hopkins seconded. The motion carried unanimously.
The Council took the following Official Action on Executive Session Items.
L~gal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
Chew motioned to approve the settlement of a law suit regarding the
Christy Miller case. Barton seconded. On Roll Call Vote Barton, aye,
~pktns, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Chew, aye,
Mayor Stewart, aye. The motion carried unanimously.
Chew motioned to approve a contract agreement with Stone and Bates
lonstructton Management Associates to t~ke over the construction of the
olice Building. Barton seconded. On Roll Call Vote Barton, aye,
Hopkins, aye, Stephens, aye, Alford, aye, Riddlesperger, aye, Che~, aye,
M~YOr Stewart, aye. The motion carried unanimously.
R~al Estate -- Under Sec. 2(f), Art. 62§2-17 V.A.T.S.
NO ACT[ON TAKEN.
Personnel -- Under Sec. 2(9), A~t 6252-17 V.A.T.S.
NO ACT[ON TAKEN.
Board A~pointments -- Under Sec. 2(g), Art 6252-17 V.A.T.S.
NO ACTION TAKEN.
The City Council did not reconvene into Executive Session. The Council
I~meting was ended at 10:41 P.M.
Attachments to the Minutes:
1. Letter fro~ McQuistion regarding the closing of Southmont Street.
Petition for approval of Plat and Zoning for the Sout~mont Place
Addition to the City of Denton.
3. Letter from Stanley Thames regarding ~ndments to the Denton
Development Code.
APPROVED~
ATTEST:'~FcN1 Westlff-ng, De~uty~G+Ery Secretary
0745M
MINUT[S OF THE CITY CDUNCIL MEETING 101
DECEMBER 14, lg82
$:30 P.M.
The City Council met in a special called meeting on Tuesday, Dec,er 1¢,
lg82, at B:$O P,M. in the Civil Defense Room of the Municipal Building to
consider the following it~:
1. Executive Session: A. Legal Matters -- Under ~ec. 2(e), Art. B252-17 V.A.T.S.
Real Estate -- Under Sec. 2(f), Art. 6252-t7 V.A.T.S.
C. Pmrsonnel -- Under Sec. 2(g), Art 6~$2-17 V.A.T.S.
O. Board Appointments -- Under Sec. 2{g), Art 6252-17 V.A.T.S.
The Council convened into the Council O)~nbers of the Municipal Building at
7:00 P.M, to consider the following items:
PRESENT: Mayor Richard O. Stewart, Mayor Pro Tam Stephens, Councilpersons
Barton, Hopkins, Alford, Rtddlesperger, CAew.
The Consent AGenda was considered:
A. Bids
1. ~0~6 -- Boiler Machinery Insurance
2. fg~7 -- Chemicals for Water and Sewer Plant
3. #9072 -- Cable
4. #90?6 -- Aluminum Wire
B. Purchase Orders:
1. #55712 -- 8~er Electric
2. ~SBg40 -- Ferrill S~rvtces
The award of bid ~g057 was given to Dixie Petro Chemical, and was awarded by
draw Decision.
Riddlesperger motioned to approve. Barton seconded. The m~tion was carried
unanimously.
The Council op~ned the m~eting to discussion regarding public hearings.
A. A public hearing concerning the proposed annexation of approximately 63.89
acres of land located along the east stoa of Mayhlll Road north of the
Andrew Corporation. (Z-1541)
Charlie Watktns spoke for the.staff. Watkins starer that there had been two
previous public hearings on Z 1541. He further stated that the staff
recommends approval.
Allen Getz spoke in favor of the annexation. He stated that he had previously
been oppo$sed to the annexation, but has changed his opinion.
George Hopkins representing the ~drew Corporation spoke in opposition of the
annexation. He stated that it was the concern of the AnDrew Corporation that
:he property be maintained as long term light industrial. He stated however,
that the Andrew Corporation did not wish to be at odds with the City, and
would like to have only the necessary property annexed.
Mayor Stew&rt declared the public hearing closed.
B. This t? a public hearing concerning the proposed annexation of
approximately 11t.72 acres of land located along both sides of FM 1830
beginning approximately 200 feet south of Hobson Lane. {Z-1542) (The
Planning and Zoning Commission recommends approval.)
Charlie Watktns sp~ke for the staff. He stated that the staff recommends
approval of annexation. He further stated that the Planning and Zoning
Department had received very little input from pa-sons living in the area. He
stated that this ~nnexation origtnat~ because of a request for a utility
extension in the area. Further, he explained that the area is almost
completely surrounded by the City as it is now.
No one spoke in favor or in opposition of the annexation. M~or Stewart
declared the public hearing closed.
l~nutes of the City Council Meeting
~c~er 14, 1982
Page Two
C. This Is a public hearing concerning annexation of approximately I~2 acres
of land beginning In the centerline of Edwards Road approximately 1,800
feet east of M~hill Road. (Z-1549) (The Planning and Z~nlng Cae~lsston
recon~nends approval.)
Charlie Watkins spoke for the staff. He stated that the staff reco,~ends
approval of the annexation. He further explained that this was ~e tht~
public hearing on this annexation.
No one else spoke in favor or in opposition of the annexation.
M~,yor Stewart declared the public hearing closed.
O. This is a public hearing concerning annexation of approximately 24 acres
of land located immediately east of the Denton Sewer Treatment Plant.
(Z-1550) Planning and Zoning Commission rec~nds approval.
Charlte Watkins spoke for the staff. He stated that the staff recommends
approval of the annexation.
No one else spoke in favor or in opposition of the annexation.
Mayor Stewart declared the public hearing closed.
The City Council considered approval of an ordinance canvassing the returns
and declaring the results of the City of Denton's Street (tond Election of
December ll, 1982.
Hertung stated that as routine process, an ordinance canvassing the election
is required. He further stated that all the staff was dissappotnted in the
results, however he went on to state that th~ were gratified that the
cttlz~s did approve the four items that were passed. He asked the Council
for input as to which direction the staff should go from this point.
Hartung reported that the City Council may wish to consider putting together a
proposition to include those streets that are in most need of repair and
packaging this with the bingo election that is scheduled for January 15, 1983.
Rtddlesperger asked Hartung when a decision would have to be made in order to
place the streets on the January ballot. Hartung stated that this would need
to be done prior to Tuesday, December 21,
Counctlperson Alford expressed the Council's thanks and appreciation to the
press for the coverage received regarding the bond election.
Counctlperson Chew expressed his appreciation to Kleth Sheldon.
The following ordinance was presented:
No. 82-105
ORDJI~,C£ ~ANVASS]NG ELECTJON,,RETURNS
ghereas, the Clt~ Counctl of said City ordered an election to be held in
said City on Dece~er 11, 1982, on the propositions hereunder stated; and
Whereas, said City Council has investigated all matters pertaining to said
election, including the ordering, giving notice, offtcer~, holding, and making
returns of said election; and
Whereas, the election officers who held said election have duly made the
returns of the result thereof, and said returns have been duly delivered to
this City Council.
The Council of the City of Denton hereby ordains:
1. That the City Council officially finds and determines that said
election was duly orderS, that proper notice of said election was duly given,
that proper election officers were duly appointed prior to said election, that
said election was duly held, that due returns of the result of said election
have been m~ae and delivered, and that the City Council has duly canvassed
said returns, all in accordance with law and the Ordinance calling s~id
election.
,Minutes of the City Council Meeting
December 14, 1982
Page Three
2. l~lat the City council officially finds and determines that the
following votes wem cast at said election on each submitted proposition, by
the resident, qualified electors of said City who voted at the election.
3. That the City Council officially finds, determines, and declares the
result of said election to be that each of the foregoing propositions nun,)ers
2,4,6 ano 7 so submitted has received & favorable majority vote in all
respects and has carried, &n~ th&t the bonds voted thereunder may be issued in
accordance with l~w; but that each of the foregoing propositions numbers 1,3
and 5 failed to carry, anb that no bonds shall be issued thereunder.
Barton motioned. Hopkins seconded. On Roll Call Vote Barton, aye, Hopkins,
~ye, Stephens, aye, Alford, aye, Rlddlesperger, aye, Chew, aye, Mayor Stewart,
aye. The motion carried unanimously.
B. Discussion of an ordinance establishing a license fee for coin operated
amusement establishments.
Councilperson Alford requested to hear Roger Bresnahan. Bresnehan stated that
his family owns and operates two amusement centers in Denton. He stated that
his centers are not trouble spots. He further stated that he is not in favor
of this ordinance.
rtl M~yor stewart asked Attorney, Taylor if it would be proper to table this and
discuss it at a later date. Taylor stated that certainly could be tabled at
this time, however he reco~mnded that the Mayor ask to hear from anyone else
who may be in the audience.
David Arno came forward. He stated that he was in opposition to this
ordinance. He further stated that the there are many types of amusement
machines, and that each of these be considered, "not just the video".
Mayor Stewart asked Attorney, Taylor is it would be possible to tax
differently on machines that bring .in primary eno secondary income. Taylor
stated that the City is limited in this regaro. He stated that the City may
tax less than the State allows, but cannot tax more. He stated that it was
his feeling that Arno was asking that certain machines be exempt, and the
State Law does not make that distinction.
Arno requested that if the City does establish an ordinance taxing amusement
machines that it be written the sE as the State ordinance.
E. d. Dane came forward. He stated that he is in opposition to the
ordinance. He stated that the ordinance is written in such a way to beco~m "a
nightmare of paperwork". He further stated that he has no problems with the
tax on the machines, it is the way the ordinance reads that concerns him.
Bob Abram came forward. He stated that he is agreement with Dane and
Bresnanhan.
Barton motioned to table the ordinance. Hopkins seconded. The motion carried
unanimously.
The Council considered the approval of an ordinance to charge overtime fees to
contractors for construction inspections.
The following ordinance was presented:
NO. 82-106
AN ORDINANCE AMENDING SECTION 21-46(f) OF CHAPTER 21 OF THE CODE OF ORDINt~ICES
OF THE CITY OF DENTON, TEXGAS RELATING TO INSPECTIO~ OF STREET AND SIDEWALK
EXCAVATIO~ AND AJ. TERATIONS& ~OVIDING FOR ChU~RGES FOR OVERT~E INSPECTIONS;
AND DECLARING AN EFFECTIVE DATE.
Rick Svehla spoke for the staff. Svehla stated that this had been discussed
during budget preparations last sumpter. He further stated that it was staff's
recon~endatton to charge contractors overtime for inspectors to come on site
after normal working hours.
~_~lnutes of the City Council ~eetlng
U~ceabet 14, lg82
Page Four
Counctlperson Hopktns asked Svehla if we tndeea had Inspectors gotng out to
sites on weekends and after honda1 worktng hours.
. Svehla stated that not normally during the building stages of construction.
However, he stated that in order to facilitate the work, inspectors are often
calleo out on Saturdays.
Councllperson Hopkins asked if the contractor would be informed at the time
Jobs were sent for bid that if there was a need for the inspectors to come out
on weekends or after hours overtime rates would be charged.
Svehla stated that this would be included in the bids.
Hopkins motioned. Barton seconded. On Roll Call Vote Barton, a~e, Hopkins,
aye, Stephens, aye, Alfo~, aye, Rtddlesperger, aye, Chew, aye, Mayor Stewart,
ave. The motion carried unanimously.
The Council considered the approval of a resolution authorizing the City
Attoeney to initiate condemnation proceedings for property described therein
for Windsor Drive expansion and improvement.
Rick Svehla spoke for the staff. He stated that the track of property
involved is on the south side of bindsor DriVe.
Mayor Pro Tam Stephens asked Svhela if the staff had gone to every reasonable
degree before reaching the decision to condemn the p~operty.
Svehla stated that tt had.
The following resolution was presented:
~ESOLUTION
Wi~R£AS, the City Council of the City of Denton has hereto- fore
determined the necessity for aha ordered the acquisition by the City of Denton
of the hereinafter described right, title and interest in the land hereinafter
described; and
WH£REAS, the Ctty of Denton has been unable to agree and cannot agree with
the owner upon the value of the hereinafter described right, title and
tnterest tn the hereinafter described land sttuated In the Clty of Denton,
Denton County, Texas, MW, THER£FOR[,
~E [T RESOLVED 8Y THE CITY COUNCZL OF T~E CZTY OF OENTON, TEXAS:
The City Council hereby finds and determines that it is nacessary to
acquire the hereinafter described rights, title and interest in the
hereinafter described land, and that it is necessary that it authorize
proceeding in Eminent Domain to acquire the right, title and interest in the
hereinafter described property.
S~CTION II.
The City Attorney of the City of Denton, Texas, is hereby authorized and
directed to bring condemnation proceeding to obtain the fee simple title,
including all improvements thereof, to the following tract of land situated in
Denton County, Texas:
Minutms of the City Council Meeting 105
December 14, 1~82
Page Six
Rtddlesperlger mottoneU to approve the list deleting Claarman. Alford
seconded. The motion carried unanimously.
The Council considered approval of the request of Mr. Frank Strickler in
installing a fuel stormge tank at the Denton Municipal Airport.
Hartung spoke for the staff. He stated that the staff recom~nds approval.
Hopkins motioned, Barton secondecl. The motion carried unanimously,
The following action was taken on items discussed in Executive Session:
A. Leg&l Matters -- Under Sec. 2(e), Art, 6252-17 V.A.T.S.
The Council considered the approval of a contract amendment with
Construction Managmmnt Corpormtion.
Chew motioned. Barton seconded. The motion carried unanimously.
B. Real Estate -- Under 2(f),
Sec.
Art.
6252-17
V.A.T,S.
No Action Taken
C.Personnel -- Under Sec. 2(g), Art 6252-17 V.A.T.S.
No Action Taken
D.Board Appoint~nts -- Under Sec. 2(g), Art 6252-17 V.A.T.S.
NO Action Tmken
The item of New Business was discussed.
Cit~ Manager H&rtung asked for direction as to whether or not to continue with
streets and drainage situation and consider this for the January Election.
Mayor Pro Tam Stephens stated that the staff should put together a
recommendation and contact the Council as soos as possible to determine if an
emergency session of the City Council would be warranted.
The meeting ended et 8;00
ATTEST;~
0755M
Minutes of the City Council Meeting
Page Five
All that certain 0.157 acre tract or parcel of land situated in the B.B.B. &
C.R.R. Co. Survey, Abstract No. 186, Denton County, Texas, said tract being
part of a tract shown by deed to B. M. Ennis &nd recorded in Voluem lOO1, Page
542, of the Deed Records of Denton County and being more particularly
described as follows:
BEGINNING for the northwest corner of the tract being described herein at a
mark found in the concrete at the northwest corner of said Ennis Tract;
THENCE south 88o47'50" east 271.39 feet to the northeast corner of a brick
column;
THENCE south 02o1¢"59n west 25.82 feet to an iron pin set in the ground on
the south line of proposed Windsor Drive;
THENCE north ~o27'27" west with the south line of said proposed road 148.53
feet to an iron pin set in the ground;
THENCE north 89o00'32" west with the south line of said proposed road 122.40
feet to an iron pin set in the ground;
THENCE north OlOl2'4g'' east 25.39 feet to the point of beginning.
for street and utility purposes; with the title thereto vesting in the City of
Denton; however, there is excluded from said estate to be condemned all the
oil, gas and sulpher which can be re~ved from beneath said land without any
right whatever remaining to the owner of said oil, gas and sulpher of ingress
and egress to or from the surface of said land for the purpose of exploring,
developing, drilling or mining the sanm.
SECTION III.
This Resolution shall becomo effective from and after its date of passage.
PASSED AND APPROVED this the 14th day of Decen~oer, 1982.
RICHARD O, STEWART, MAYOR'
CITY OF DENTON
ATTEST:
VIQ~I W~TLINB '
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXA~
AP~OVED AS TO LEC~L FORM:
C. J. TAYLOR, ~., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
The Council considered the approval of adjustment of personal property tax.
Hartung spoke for the staff. He stated that this item had been discussed
several weeks previously. He further stated that a list had been received by
staff from Councilperson Hopkins, and that in all cases but one the persons on
the list were still unable to be located. The one individual who was able to
be contacted is Felix E. Clearman.
107
City Council Mtnutes
December 21, 1982
Regular Meeting of the City of Denton City Council on Tuesday,
December 21, 1982, at 5:30 p.m. in the Civil Defense Room of the
Municipal Building to receive a report from Dr. Flanagan. Due to an
emergency, Dr. Flanagan was unable to attend.
The Council then adjourned into Executive Session to discuss Legal
Matters, Real Estate, Personnel, and Board Appointments.
The Council then convened into the Regular Meeting at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Stewart, Mayor Pro Tom Stephens, Council Members
Barton, Hopkins, Alford, Riddlesperger, and Chew; City
Manager, City Attorney and City Secretary.
ABSENT: None
1. The Council received a report from Pat Warde of the Denton
Sesquicentennial Committee. Ms. Warde reported that the master plan
had been submitted to the state and the City of Denton had been
sanctioned as a Sesquicentennial city. Ms. Warde stated that Denton
was the second city to receive official sanction by the state and
presented a plaque to the City Council.
2. The Council considered approval of extension of the
employment agreement with the City Manager.
Alford motion, Riddlesperger second to approve the agreement.
Motion carried unanimously.
3. The Council consldere~ approval of extension of the
employment agreement with the City Attorney.
Chew motion, Barton second to approve the agreement. Motion carried
unanimously.
¢. The Council considered a salary adjustment for the
Municipal Court Judge.
Barton motion, Stephens second to approve the salary adjustment.
Motion carried unanimously.
S. The Council considered approval of Bid t 9072 for Wire and
Cable, Item $.
Tom Shaw of the Purchasing Department reported that the bid had been
delayed due to an evaluation of the low bidder.
Barton motion, Alford second to approve the bid. Motion carried
unanimously.
6. Consent Agenda
Hopkins asked to have item 1.A.1 removed. Stephens asked to have
item 1.C.2 removed.
Chew motion, Barton second to approve the Consent Agenda with the
exceptions of ]tom l.A.1 and 1.C.2. Motion carried unanimously.
Consent Agenda:
A. Bids and Purchase Orders:
1. Bid , 9066 Renovation of heating, air
conditioning and ventilation forcentral Fire
Station.
2. Bid ~ gOBg Automotive and industrial batteries
3. Bid J g075 - Pole handling equipment
10~ City of Denton City Council Minutes
Meeting of December 21, 1982
Page Two
B. Change Orders:
1. Consider change order fl1, C-48-1188-03
Wastewater Treatment Plant, for Gracon
Construction Company, (The Public Utility Board
recommends approval.)
C. Plats:
1. Approval of the final plat of the Bet1 Plac:
Addition. (The Planning and Zoning Commission
recommends approval.)
2. Approval of the final ~at of the Dunning
Subdivision - Phase I. (T Planning and Zoning
Commission recommends approval.)
3. Approval of the final replat of Lot l, Section l,
Freeway Park Addition. (The Planning and Zoning
Commission recommends approval.)
Item 1.A.1. Hopkins stated that there was confusion among
the contractors bidding on Bid f 9066 for the renovation of the
heating,~ air conditioning and ventilation for the Central Fire
Station. A lower bid was received but was not honored because it
was not for the specified equipment. Hopkins stated that additional
study needed to be done to determine if equal equipment deserves
consideration.
Hopkins motion to rebtd with alternate specifications, Riddlesperger
second.
Council Member Stephens asked tf it is a common practice to rebid if
specs are sent out and bids come in which are not according to specs.
John Marshall of the Purchasing Oepartment stated that when that
happened, the bid was usually considered as an alternate bid. On
Bid f 9066, alternate equipment was not specified due to
compatibility problem with existing units. With rabid,
specifications will need to be revamped to be fair to all bidders as
cost figures have now become public.
Stephens, Alford, Riddlesperger, Hopkins, Stewart "aye", Chew "nay"
and Barton abstained. Motion carried 5 to 1 with 1 abstention.
Item 1.C.2. Stephens stated that some citizens wished to
address this point as it involved prior decisions made by the City
Council.
Mr. R. B. Escue, Member of the Planning and Zoning Commission,
presented a minority report from the P&Z. Mr. Escue stated that for
the first time on any d I right-of-way for Rtdgeway Drive
indicating the street to ~w ~, a
feet. Mr. Escue had discussed with
City Staff members the ambiguity of the right-of-way. He then read
a portion of the Minutes of the December l, lg82 P&Z meeting which
stated that straight zoning which was granted by the City Council
does not allow for the imposition of conditions. The Denton
Development Guide which was adopted after this zoning case showsl
Ridgeway Drive as a secondary arterial street. Mr. Escue stated'
that he did not know if it was the intent of the Council, but the
Staff believes that the adoption of the Denton Development Guide
rescinds the action of the Minutes of March 4, lgSO. Mr. Escue
asked if the Council wished to rescind the action. Mr. Escue
questioned the placement of this item on the Consent Agenda as it
restricted public attention and limited public discussion on whether
or not FM 2181 should be a part of Riageway Drive as was being
considered.
.¢tty of Denton City Council Minutes 109
Meeting of December 21, 1982
Page Three
Dr. Roland Vela, resident of Southrldge, stated the: the opentng of
a major arterial speedway through an residential neighborhood had
been discussed before. %t was the understanding of Mr. Vela and the
developer, Mr. Dunning, that an acceptable solution had previously
been reached. After inquiring, Dr. Vela stated that he had found
that it was not the City Council or the developer who was initiating
this action, but rather the Staff who was finding a solution to a
problem which did not exist. Mr. Vela stated that using Ridgeway as
a major traffic artery cutting directly through a heavily populated
residential area wouldcreat~ a tremendous problem in the next
decade. The residents do not think this would be fair. Dr. Vela
stated a concern at the role that the City Staff had played in this
issue. As a group, the Southridge citizens were not opposed to
development but they were opposed to bad planning. He felt that
this was a bad plan and a very bad solution to the problem of
traffic on Teasley Lane. A traffic circle leading to the Mall would
result if Teasley Lane and Ridgeway are connected. This circle
would create a problem which would be more dangerous than it is
now. Or. Vela stated that he favored improvements on Teasley Lane
rather than joining it with Rtdgeway. He appealed to the Council to
defeat the plan.
Dr. Riddlesperger asked if the proposed plan looped around
Southrldge rather than going through the residential area.
Dr. Vela pointed to the area in question on an overhead projection
map. Dr. Riddlesperger commented that by looking at the map it
appeared that if the street came more south, it would miss
Southridqe. Dr. Vela stated that was what the residents would
prefer,but with the proposed plan, the traffic would be one block
away from the residential area. The connecting of Ridgeway and
Teasley would create more traffic congestion.
Rtddlesperger asked why the plan would not relieve Teasley Lane
traffic as people who were going to the mall or to town that now go
down Teasley Lane could use Ridgeway to access 35.
Council Member Hopkins added that the widening of Ridgeway would
eliminate the traffic in front of Sam Houston Elementary School and
decrease the traffic.
Mayor Stewart asked Dr. Vela what he would suggest.
Dr. Vela stated that the previous solutlon to have the area platted
according to Mr. Ounntng's plan was acceptable to the Southridge
citizens.
Stephens quoted from the Council Minutes regarding the width of
Ridgeway Drive being set at 60 feet.
Rtddlesperger asked Dr. Vela if the argument was with the 80 foot
width of Ridgeway.
Dr. Vela responded that was correct as well as the subsequent zoning.
Mayor Stewart stated that the zoning would stand unless someone
requested a change.
Dr. Vela replied that the residents were not asking for a change in
zoning.
Riddlesperger asked if the Council should not leave the 80 foot
right-of-way for the future.
Mayor Stewart asked if Dr. Vela did not agree that the City needed
more outlets to the Nontecito and Southridge area into the City and
to the freeway.
Dr. Vela agreed that more access routes were needed.
110
City of Denton Ctty Council Minutes
Meettng of December 21, 1982
Page Four
Mr. Rtchard Johnston, President of the Southrtdge Homeowners
Association, stated he wished to speak to the tssue of safety. Mr.
Johnston reported to the Council that the association had conducted
3 trafftc surveys tn the previous 3 days and had counted 1400 cars
per hour at the Intersection of Loop 288, I-$5 and the service
road. If a major arterial street was added into this Intersection a
traffic light would have to be Installed. It is only 100 feet from
the obvious location for the traffic light to the off ramp. TrafficI
would stack up on the off ramp. Mr. Johnston stated that traffic
stacks up on 288 now and the widening of Rtdgeway would only
compound the problem.
Mr. George A. Christy, Southridge resident, stated that a
substantial number of residents were in attendance, and others who
were not able to attend due to the short notice, were concerned.
Mr. Christy read a letter from Mr. Robert Woodin requesting the
Council to reject the proposed plat.
Mr. Oavid Dunning, managing partner of property, stated that the
develot~s had agreed to a plan 2 years ago and intended to live by
it. 80 foot street width was recommended by the City. Mr,
Ounntng stated that his interest was in developing the land and 'that
if the issue was not resolved, he would have to begin the approval
process over which would take another 60 to gO days. He reported
that his property was onl segment of ~d~y. Mr. Dunning
suggested that the Council ~t°ne
ght approve the right-of-way on
the one segment and then reduce the size of the right-of-way on the
other two segments as they had not been platted yet.
Riddlesperger aske~ what percentage of Ridgeway was 80 feet. Mr.
Ounning replied approximately 25%.
Mr. Bill Nosh, engineer, referred to the map to show zoning and
~ointed out the area to be served by the 80 foot right-of.way. Mr.
ash stated that this was originally approved as 60 feet
right-of-way, but the first section was 70 feet and had two five
foot easements on both sides. There is a 30 inch water line going
down Rtdgeway which will take room.
Mr. Jay Sounders, Southrldge resident, asked the Council to go back
to the original plat which called for the 60 foot right-of-way
because if one section was 80 feet, the others might be individually
widened to 80 feet.
Mr. Owen Spruance, Southridge resident, stated that he had looked at
the plats on file at City Hall. Mr. Spruance requested that the
issue be tabled as the portion in question was only 800 feet in
length and he would like to see the entire plat of Rldgeway.
Chris Hartung, City Manager, stated that he appreciated the comments
from the citizens and that there were some real issues and
concerns. The policy regarding thorofares are established in the
City's long range thorofare planning process. Hartung stated that
this is what the Staff looks to in Determining how the City will
develop physically. This is the process that this Council, previous
Councils and the Planning and Zoning Commission have indicated to
the Staff that they would like for all development decisions. When,
the Oenton Development Guide was passed by the City Council and the
Planning and Zoning, a master thorofara guide was included which
indicated a thorofare in this location. Hartung reported that
interest had been expressed to the Staff after the opening of Sam
Houston Elementary School in August in connecting Ridgeway Road and
about providing relief from traffic congestion. In that regard, the
Staff reviewed several alternatives for facilitating the connecting
of Ridgeway Drive between Interstate 35 and Teasley Lane. Since
street construction funds in the City are extremely limited, an
attractive alternative would be to encourage the State Highway
Department to become involved. Hartung then read from the Minutes
of the P&Z April 28, 1982 Study Session regarding the thorofare
plan. Mr. Hartung stated that he felt sufficient right-of-way
should be provided now for the future.
City of Denton City Council Minutes
Meeting of December 21, 1982
Page Five
Stephens asked whether the Council could legally approve the final
:lat with the understanding that the right-of-way may be reduced
own to the earlier agreed upon 60 feet.
City Attorney Taylor reported that the Council could approve the
plat as submitted to approve the plat with the provision that the
street right-of-way be reduced to 60 feet before it is approved by
the Mayor and the City Staff and for ftling with the County Clerk.
Stephens motion to approve the plat with the provision that the
street right-of-way be reduced to 60 feet before its approval by the
Mayor and City Staff. Riddlesperger second.
Hopkins asked Mr. Nash to explain why the plat originally showed
feet with two 5 feet easements.
Mr. Nash reported the reason was that since this was a commercially
zoned area, there was a need for right turning lanes and extra
right-of-way and also because of the 30 inch water line. The
m~ foot portion was to pick up behin~ Mr. Dunning's land and go from
~C) there on,
Hopkins asked if the 70 feet with the $ feet easements on either
side are pertinent only to the first 800 feet..
Mr. Nash stated that this was true.
Council Member Barton pointed out that Dr. Stephens motion amended
the City thorofare plan.
Mayor Stewart stated that neighborhoods need to keep abreast of
changes made during development of land. Stewart stated the 80 feet
portion would provide the turning lanes and would increase the flow
of traffic off of and on to the Xnterstate which seemed advantageous
to the Southridge residents. At the present time, Teasley Lane is
the only street leading into and out of Southridge and Montecito.
Riddlesperger stated that he looked at Rldgeway as a necessity and
even if only a BO foot street were built, the 80 foot right-of-way
would prepare for the future.
Hopkins stated that he saw it as a necessity as well and that the
City would have to buy the right-of-way in the future. Also, the
school which was already constructed needed the traffic pressure
alleviated. Hopkins reported that he believed the widening of
Rtdgeway would reduce the traffic on Teasley.
Stephens stated that if the new Loop 288 is approved, it would
absorb the traffic load into the Mall.
Stewart pointed out that the southern loop had not been approved by
the state.
Hopkins stated that the City could not control the southern loop.
Barton reiterated that he thought the Staff had no choice but to go
along with the 80 foot right-of-way recommendation as they were
following & plan which had been adopted by the Council as policy.
Rtddlesperger stated that he thought the Staff did exactly correct.
Stephens. repeated the motion the approve the plat and reduce the
right of way to 60 foot as previously agreed upon in a compromise
between the developer.
Riddlesperger moved to amend the motion to allow to plat to continue
with the 70 foot with the ~ foot easement. Hopkins second.
Barton asked for the City Attorney's opinion.
112 City of Denton City Council Minutes
Meettpage ~x°f December 21, 1982
Taylor stated that the easements which were being discussed were
signed and given to the City by the developer and that these were
utility easements and not street right-of-ways.
Hopkins pointed out that a 60 foot easement would not handle the 30
inch water line.
Stewart called the vote on the amendment to the main motion to go
back to the plat as presented on the agenda. Barton, Hopkins,
Rtddlesperger, Stewart "aye"; Stephens and Chew "nay". Motion
carried. '
Barton asked to change his vote.
Hopkins asked the Mayor to restate the question.
Mayor Stewart stated the vote was on an amendment to the amendment.
The amendment to the amendment was that the Council go back to the
original plat of 70 feet with some areas with S feet on the side.
Taylor asked if the vote on the amendment of Mr. Riddlesperger to go
back to the original 80 foot width passed.
Mayor Stewart reported that it passed bdt Mr. Barton had changed his
vote.
Taylor stated that the motion before the floor was to approve a plat
with an 80 foot street.
Mayor Stewart stated that since the vote was tied, the Council would
now go back to the original amenOment which was that the Council
adopt the plat with 60 feet instead of 80 feet. Barton, Stephens,
Chew "aye", Hopkins, Rtddlesperger, Stewart "nay". Tie vote.
HoPkins motion to approve the plat with 70 foot right-of-way
Riddlesperger second.
Stephens stated that the earlier discussion was between a 60 and an
80 foot right-of-way, not 70 feet. He stated that he opposed the 80
feet.
Hopkins remarked that with a $0 foot right-of-way, the City could
not install a water line.
Barton stated that he wanted to draw attention to the fact that the
Council basically was against extending 80 feet to connect to
Teasley and that as a policy matter, it certainly would not go
beyond this one plat. However, the developer should not be punished
as the zoning was correct. Barton stated he would vote for the 70
feet right-of-way with the understanding that other plats might not
pass as easily.
Stephens asked if the motion was for 70 feet 60 feet of street and
two $ feet on each side for utility easements.
Hopkins stated that his motion was for 70 feet right-of-way and that
the utility easement might be put all on one side.
Taylor stated that following the hearing when the Council approved
the 60 foot right-of-way, the developer executed and signed the
utility easements. The Council can change the width of the street
to ?0 feet, but if the easements are moved another instrument will
have to be signed.
Council Member Chew asked Dr. Vela if the Southridge reslOents would
go along with original lgBO petition.
Vela stated that the lgBO agreement was reached to everyone's
satisfaction.
City of Denton Ctty Council Minutes 1~
Meeting of December 21, lg82
Page Seven
Stephens asked how wide the actual pavement would be on a 60 or 80
foot right-of-way.
Rick Svehla, Assistant City Manager, reported that the City has
built as small a four-lane street as 45 feet. Our to the traffic,
the Staff would recommend a mtntmum of 4g feet which would leave
some room on each side. He also stated that there would be a
problem with a 30 inch water line. The City would need additional
room to install the water line. The State requires 80 feet
right-of-way before they will provide assistance.
Hopkins withdrew his motion for 70 feet.
Chew motion was to adopt in the March 4, lg80 plan calling for 60
feet with two 5 feet easements which was presented to the City
Council. Stephens second. Barton, Stephens, Rlddlesperger, Chew,
Stewart 'eyed. Hopkins "nay". Motion carried 5 to 1.
~ 7. The Council considered a request by the Denton Area Service
Enterprise Committee for a new ordinance affecting the operating
hours of private clubs in Denton.
rtl Dr. Steve Gorman, representing the Denton Area Service Enterprise
Committee, requested the Council to amend the ordinance repealing
late hour opening of bars. He stated the committee would like to
reinstate the 2:00 a.m. closing on Wednesdays through Saturdays.
Dr. Riddlesperger stated that the citizens of Denton had voted on
this issue less than one year ago and he did not feel that the
Council had the right to reverse that vote.
8. The Mayor reported that the appearance by Mr. A1 Testa
regarding the rock crushing plant proposed to be opened in Bolivar
had been removed from the agenda.
g. The Council considered a request from Mr. R. J. Button,
Lakewood Estates Mobile Home Park, for water and sewer service
outside city limits of Denton.
Mr. Button handed out brochures and stated that this project had
been under construction for approximately 60 days.
Hopkins mo:ion to grant water and sewer service to the Lakewood
Estates Mobile Home Park and to begin annexation proceedings. Chew
second. Motion carried unanimously.
10. The Council then considered approval of an agreement with
the MKT Railroad and the State Highway Department to install
crossing gates at the MKT tracks and Prairie Street.
Stephens motion, Chew second to approve the agreement. Motion
carried unanimously.
ll. The Council approval of a lease agreement with Hexagon
Buildings, Inc., for a land lease at the Denton Municipal Airport.
(The Airport Advisory Board recommends approval.)
Bill Angelo of the City Staff introduced Dr. John Carroll, Chairman
of the AtrpoTt Advisory Board. Dr. Carroll stated that the Board
had unanimously recommended approval.
Mayor Stewart asked Mr. Decker Ayres of Hexagon Buildings if one
person could buy all of the hangars constructed on the leased land
and then rent them to individuals. Mr. Ayres responded that this
was a very strong possibility.
Hopkins motion, Barton second to approve the lease agreement.
Motion carried unanimously.
~4Ctty of Denton City Council 'Minutes
Meeting of December gl, 1982
Page Eight
12. The Council considered approval of an agreement with Texas
Airport Management Services (TAMS) for the management of the Denton
Municipal Airport. (The Airport Advisory Board recommends approval.)
Dr. Carrell, Chairman of the Airport Advisory Board, stated that the
Board recommends approval of the agreement with TAMS.
Mayor Stewart asked Dr. Carrell what TAMS was doing to generate new
revenues at the airport.
Dr. Carrell answered that the l&ck of adequate water lines had
hampered development but that things looked better for the future.
Rlddlesperger motion, Barton second to approve the agreement with
Texas Airport Management Services. Motion carried unanimously.
13. Ordinances:
A. The Council considered an Ordinance for abandonment of
easement and quitclaim on block one, lot two of the Redman AUdition.
The following Ordinance was presented:
82-107
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY
EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED CONVEYING ALL RIGHT,
TITLE AND INTEREST OF THE CITY IN SAID EASEMENT TO THE
OWNER OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND
DECLARING AN EFFECTIVE DATE.
Hopkins motion, Chew second that the Ordinance be passed. On roll
call vote Barton "aye", Hopkins"aye", Stephens "aye", Riddlesperger
"aye", Chew "aye", Mayor "aye". Motion carried unanimously.
14. Resolutions:
A. The Council considered approval of a Resolution
authorizing the City of Denton to support the Texas Municipal
League's 1Z69-M Task Force Amendments governing Police and Fire
Departments in the Texas Legislature.
The following Resolution was presented:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
WHEREAS, it is one of the basic responsibilities of the
City of Denton to protect the life and property of its citizens
through the operations of efficient, reliable and affordable police
and fire departments; and
WHEREAS, it is increasingly evident from more than
thirty-five {3§) years of experience that a major barrier in the'
City of Denton's way in providing its citizens with the best police'
and fire service possible is an antiquated state law commonly known
as 126gm which dictates to cities how officers and ftrefighters will
be promoted and disciplined without regard for local circumstances;
and
WHEREAS, there is documented evidence from all sectors of
the State of Texas that the fifty-five (55) cities which today are
under 1269m have seen their police and fire chiefs transformed from
managers into administrators by new limits lobbied into the law
City of Denton City Council Minutes 115
Meeting of December 21, lg82
Page Nine
every two years by unions representing the police officers and
flrefighters; and
WHEREAS. these increasingly harmful provisions have made
126gm a law which fosters wasteful expenditures and inefficient
management at a time when cities see revenue dwindling; and
WHEREAS, after long study and due deliberations, the
fifty-five (SS) Texas cities under l~6gm are Joining in a concerted
i effort to amend the law in the upcoming Legislature by giving police
,. and fire chiefs the power to manage their department, but to retain
portions of the law which give civil service employees necessary
protections; Now, Therefore,
BE IT RESOLVED BY THE COUNC%L OF THE CITY OF DENTON, TEXAS. THAT:
SECTION I,
The City of Denton, Texas. believes that it is time to
return common sense into Texas Police and Fire Stations by amending
lg6gm to allow police and fire chiefs to manage their departments
more effectively through the appointment of qualified deputies of
their choice, use of improved promotion system techniques, more
reasonable disciplinary rules and other relevant changes.
SECT%ON II.
That the City of Denton, Texas supports the Texas Municipal
League's 126gm Task Force amendments to 126gm because it does
address issues which will return management back to police and fire
chiefs.
SECTION,III.
That the City of Denton, Texas, now calls on all Texas
Legislators. ,spect,llythos, representing the citizens of our city,
to support the TaskForce Legislation which makes the necessary
changes to lZ6gm.
SECTION IV,
That every citizen of this City. every business and the
Chamber of Commerce, plus other organizations, take a stand in favor
of improvements to 1269m which will return common sense back to
Texas police and fire stations.
PASSED AND APPROVED this the 21st day of December, 1982.
RI'ClRAR~ O.'"SY'~W'ART, MAYQR
CITY OF OENTON, TEXAS
ATTEST:
VICKI WESTLING
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. ~. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON. TEXAS
BY:
~ City of Denton City Council Minutes
Meeting of December 21, lg82
Page Ten
Ken Gold, Secretary of the Denton Ftrefighters Association, and
Tommy Nation, President of the Denton Ftreftghters Association
handed out a Resolution written by the state-wide firefighters
association and requested thst the Council reject the Texas
Municipal League Resolution.
Barton motion, Riddlesperger second to table the Resolution before
the Council. On roll call vote Barton "aye", Hopkins "aye"
Stephens "aye", Riddlesperger "aye", Chew "aye",
Motion carried 5 to 1. Mayor "nay"'
15. There was no official action on Executive Session Items=
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
16. The Council considered adoption of an Ordinance calling a
bond election for January 15, lg83.
This item dieu for lack of a motion.
Hopkins asked to go on record as favoring pay as you go.
17. New Business:
The following items were requested by Council Members for
consideration on future agendas.
Mayor Stewart asked that the Texas Municipal League 125gM Resolution
be placed back on the agenda.
The meeting was adjourned at 10:gO p.m.
055gc
.'00
city counoil Minor.. -~7
January 4, 1983
Regular Meeting of the City of Denton City Council on Tuesday,
January 4, 1983, at 5~30 p.m. in the Civil Defense Room of the
Municipal Building to discuss proposed annexation of land including
the mobile home park under construction on the north side of
~obinson Reed (Z-1560).
Charlie Wetkins of the Planning and Community Development Staff
presented a map Of the ares to be annexed, which included the
Lakewood Estates Mobile Home Park. Watkins reported that slabs have
been poured for mobile homes and the developer has installed some
water and sewer lines. The park will hold approximately 400 mobile
homes when it is completed. This 83 acre parcel will be under one
ownership and the lots leased; therefore, no subdivision will
occur. Unless the property fells under the subdivision rules and
regulations, the City cannot require any improvements be made on
Robinson Reed unless the owner agrees. The Staff recommended
annexing all property up to, but not including Robinson Road, which
would form a natural boundary. At the present time Robinson Road is
maintained by the County.
Council Me~ber Hopkins directed the Staff to express to Mr. Sutton
the Council's wishes to obtain a 60 foot right-of-way on each side.
Mayor Stewart stated that the Council needs to send a Resolution to
the State Highway Department regarding moving ahead with the
pro~oeed Loop 288 extension and urging them to begin corridor
hearings.
Watkins reported that if ~evelopment in the area has already been
initiated, the remaining property will need to be zoned after
annexation.
City Attorney Taylor stated that any area already under construction
would be zoned as non-conforming use.
The Council directed the Staff to begin immediate annexation
proceedings.
Council Member Stephens directed the City Manager and Assistant
Manager Svehla to meet with the County Judge to discuss a
County-wide road plan to be sent to the State Highway Department.
The Council then adJourne~ into Executive Session to discuss Legal
Matters, Reel Estate, PersOnnel, and Soard Appointments.
The Council convened into the Regular Meeting at 7~03 p.m. in the
Council Chambers.
PRESENT~ Mayor Stewart, Meyer Pro Tam Stephens, Council Members
Barton, Hopkins, Alford, Riddlesperger, and Chew; City
Manager, City Attorney and City Secretary.
AESENTz None
1. The Council considered approval of the Minutes of the
Regular Meeting of December 7, 1982, the Special Called Meeting of
December 14, 1982, and the R~guler Meeting of December 21, 1982.
Council Member Riddleeperger requested a correction to Page Five,
paragraph three. Council Member Chew seconded the motion by Council
Member Stephens.
Mayor Stewart requested two corrections to Page Seven. The Mayor
stated he voted "nay" o~ Chew motion and the vote should read 4
"ayes" an~ 2 "nays" in paragraph four. The Mayor also stated thut
on Item 9, he had excused himself from the discussion and vote as he
had a con,list o~ interest and that Mayor Pro Tam Stephens had taken
the chair. The motion carried unanimously with 5 "aye" votes.
Stephens ~otion, Chew second to approve the Minutes as amended.
Motion carried unanimously.
II{~lty Of Denton City Council Minutes
January 4, 198S
Page Two
2. Consent Agenda
Riddlesparger motion, Alford second to approve the Consent Agenda.
Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Ordars~
1. Sid # 9051 Concrete work for Denton North
Interchange - Final Payment
2. Bid # 9079 Riding mowers
S. Bid S 9080 Protective clothing and equipment for
the Fire Department
4. Bid $ 9082 Airport substation foundation
5. Bid S 9083 Site preparation for Airport
substation
6. Bid % 9084 Installation of fence at Airport
substation
7. Bid $ 9087 Windsor Drive Water and newer Project
8. Bid ~ 9088 Installation of drainage systems on
Mill Pond and the Service Center
9. Bid # 9090 Concrete and metal drainage pipe
I0. Bid $ 9091 Denton north interchange (R.T.U.)
remote terminal expansion
B. Plats~
1. Approval of the final replat of Lot 2, Freeway
Park Addition
3. Reconsideration of the Dunning Subdivision plat.
Riddlesperger motion, Alford second to reconsider. Barton, Hopkins,
Alford, Riddlesperger and Stewart "eye"; Stephens and Chew "nay'.
Motion carried 5 to 2.
Mayor Stewart stated that the Council would consider the original
motion to approve the plat as approved on March 4, 1980 with a 60
foot right-of-way and two 5 feet easements.
The Mayor then stated that the Council would hear 3 persons in favor
of the adoption of the original motion and 3 persons in opposition
to the motion.
The Mayor called for persons wishing to speak in favor of the motion.
Mr. Bob Woodin, 2240 Stonegate, spoke in favor of the motion. Mr.
Woodin expressed his concern about the extension of Ridgaway to
Teesley. Mr. Woodin stated that he was a member of the Planning and
Zoning Com~isaion when the residents from Township II opposed
traffic being routed through their neighborhood to access the Mall
and that the Council had later been forced to close a street in
Township II to protect the residents. Mr. Woodin asked the Council
if consideration had been given to the safety aspect of an 80 foot
right-of-way street as opposed to a 60 foot right-of-way.
Mr. Richard Johnston, President Of the Southridge Homeowners
Association, spoke in favor of the motion. Mx. Johnston stated that
there are two groups who oppose one another. One group is the
119
City of Denton City Council Minutes
January 4, 1983
Page Three
builders and developers who want to see more development and the
other group is comprised of residents who are more interested in the
quality of li~e and want to ~aintain a certain lifestyle. Mr.
Johnsto~ stated that the residents of Southridge are not against
Council Member Alford asked Mr. Johnston how large was the
homeowners group.
Mr. Johnston answered that the 8outhridge Homeowners Association
used to include 95% o~ the residents, but that there had not been
much increase in the last several years nor had there been a great
deal of e~fort to increase the membership.
Council Mem~r Riddleaparger asked if the residents had met as a
group and discussed this plat.
~tr. Johnston replied that they ~d not met in =he last 5 to 6 days.
~. Johnsto~ stated that ~e residents ~elt the street should be a
street and not a ~our la~e ~ivided highway because a divided highway
attracts oo~o=cf~l development and that Southri~ge already had that
' on two sides and would ~rofer not to have it on three sides.
~yo= Stewart asked Mr. Johnston if he was aware that this was not
part of the ~op.
Mr. Johnston answered that the impression in the newspaper wa8 that
the street would ~ ~our lades with a dividing median.
~. George A. ~rioty ~ke is ~avor of the motion. ~. ~risty
otat~ thit ado~ting ~ 80 f~t right-of-way would doom Southridge
to decline a~d deterioration as the residential area would develop
with filling itatio~s, apartments, an~ co~venience stores. Many
Southrfdge residents came to Dento~ to avoid noise and co~gostion.
The ~yor callo~ for persons wishing to sgenk in opposition to the
motion.
Mr. Bill Utter, ~amber o~ ~erce Trana~rtation Committee,
re,erred that the co~lttoe had us funds but had managed to
accomplish ~y improvements to t~e traffic ~roblems in Denton. ~.
Utter stated that J~ Skile8 was tho original developer o~
Southridge ~d the 1964 plat provided for L~p 288. Mr. Utter
re~orted that the 80 ~oot right-of-way could eventually be used as a
oollocto= street and o~or relief ~o the traffic congestion on
Ts,slay ~ne. Southridge wa~ originally designed with two
cross-streot~ which are now being used as thru streets. ~. U~ter
stated t~at residents were usin~ ~enpsylvania Street to avoid going
on Toasley.
Council Member Hopkfnm asked if ~. Utter thought there would be au
intersection of Pennsylvania and Ridgeway in the future.
~. Utter reseeded that it was ~ossible although it wis not ~latted
that wiy.
~vo Krause, ~uthridge resident a~d President o~ the Chamber of
Co,arco, otate~ that tho Oo~cil should consider things ~or Denton
and not s~cial grou~m. ~. Kraume reported that tho street would
be built add the Coun=il ne~od to provide adequate r~m for future
growth.
~ry ~s ~Ke~ie, Southri~ge resident, 8tared i~ there was a
not ~eed another two lane ~ttleneck. Ms. McKe~zie also 8tared that
the traffic in front o~ the S~ Houston Elementary School during
school hours was very dangerous and that an intersection at this
~int would l~er the speed limit and traffic would slow in front of
the school.
1 ty20 of Denton City Council Minutes
January 4, 1983
Page Pour
Mayor Stewart asked those persons in the Council Chambers in favor
of the motion to stand and then those in opposition to stand.
Council Member Riddlesperger stated that he appreciated the people
who had come to express their opinions and that the Council had
failed to hear both sides at the previous meeting. He also stated
that he felt the press had been somewhat unfair to one of his
colleagues who had presented hie view.
Council Member Chew stated that he had voted his conviction and the
Council would have to learn to live by their decisions and he felt
the March 4, 1980 vote was binding.
Council Member Barton motion, Riddlezperger second to call the
question. Barton "aye", Hopkins "aye", Stephens "nay", Alford
"aye", Riddlesperger "aye", Chew "nay", and Mayor "aye" to call the
question. Motion carried 5 to 2.
Question on original motion to approve the original plat as approved
on March 4, 1980.
Barton "nay", Hopkins "nay", Stephens "aye", A1 ford "nay",
Riddlesperger "nay", Chew "aye", and Mayor "nay". Motion failed 5
to 2o
Riddlesperger motion, Hopkins second to approve the Dunning plat as
presented On December 21, 1982 with an 80 foot right-of-way. Barton
"aye", Hopkins "aye", Stephens "nay", Alford "aye", Riddlesperger
"aye", Chew "nay", and Mayor "aye". Motion carried 5 to 2.
4. Public Hearings=
A. The Council considered the public hearing concerning
the request of Mr. George Hopkins representing Cauble Enterprises
Inc. for annexation of a tract of land consisting of approximately
3.42 acres located approximately 500 feet northeast of the
Interstate 35 Highway 77 intersection. (Z-1552) (The Planning
and Zoning Co~ission recommends approval.)
Mr. George Hopkins appeared end outlined the pro~osed annexation
area on an overhead projection map.
The Mayor Opened the Public Hearing.
No one spoke in favor of the annexation.
No one spoke in opposition to the annexation.
The Mayor closed the Public Hearing.
Charlie Watkins of the Planning and Community Development Department
spoke for the Staff.
Chew motion, Hopkins second to proceed with the annexation. Motion
carried unanimously.
5. Ordinances~
A. The Council considered the introduction of an
ordinance instituting annexation proceedings on a 63.89 acre parcel
of land located along the east side of Mayhill ~oad im~ediately
north of the Andrew Corporation Plant. (Z-1541)
Watkins of the Staff reported that this was the first reading of the
ordinance and the Council could reduce the size of the parcel to be
annexed at this time.
Chew motion, Barton second to continue with annexation proceedings.
On roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford "aye", Riddlesperger "aye", Chew "aye"~ and Mayor "aye".
Motion carried unanimously.
121
City of Denton City Council Minutes
January 4, 1983
Page Five
B. The Council considered the introduction of an
ordinance instituting annexation proceedings on a 111.72 acre tract
located on both sides of ~M 1830 beginning approximately 200 feet
south o~ Hobson Lane. (Z-1542)
Hopkins motion, Alford second to continue with annexation
proceedings. On roll call vote Barton "aye", Hopkins "aye",
Stephens "aye", Alford #aye", Riddleepe=ger #aye", Chew "aye", and
Mayo= "aye". Motion carried unanimously.
C. The Council considered the introduction of an
ordinance instituting annexation proceedings on a tract consisting
of approximately 121.12 acres of land beginning in the centerline of
Edwards Road approximately 1,800 feet east of Mayhill Road. (Z-1549)
Stephens motion, Barton second to continue with annexation
proceedings. On roll call vote Barton "aye", Hopkins "aye",
Stephens "aye", Alford "aye", Riddlesperger "aye", Chew "aye", and
Mayor "aye". Motion carried unanimously.
D. The Council considered the introduction of an
ordinance instituting annexation proceedings on a parcel of land
approximately 24.065 acres in size located immediately east of the
Denton Sewer Treatment Plant. (Z-1550)
Chew motion, Alford second to continue with annexation proceedings.
On roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford ~'aye", Riddleeperger "aye", Chew "aye", and Mayor "aye".
Motion carried unanimously.
6. The Council considered approval of the request of Mr. Paul
Berry for diaannexation of approximately four (4) acres of land
located along the east side of Highway 377 just north of Brush Creek
Road. (The Planning and Zoning Commission recommends denial.)
Watkins of the Staff reported that the area in question had been
inside the City limits since 1969 and referred to the City Council
minutes Zor the reasons why this area was originally annexed.
Mr. Paul Berry appeared and told the Council when he moved onto the
property 5 years ago, he thought he was outside the City limits.
Mr. Berry stated that he was not receiving any City services and
that the taxes were too high.
Council Member RAddlesperger asked ~lr. Berry if the property was
zoned agricultural.
Mr. Berry replied that he thought it was.
Council Me~ber Hopkins asked Mr. Berry what his City taxes were for
last year.
Mr. Berry replied the taxes were approximately $400.
City Attorney C. J. Taylor reported that the zoning did not have a
bearing on the tax rate and land must be being farmed to qualify for
agricultural tax deduction.
City Manager Chris Hartung stated that Mr. Berry needed to appear
before the Tax Appraisal District and file for an agricultural
exemption.
Hopkins motion, Alford to table the disannexation request and have
the Staff report back to the Council at a later date. Motion
carried unanimously.
122
City of Denton City Council Minutes
January 4, 1983
7. ~ere was no o~ficial action on Executive Session items~
A. Legal ~tters
B. Real Estate
C. Personnel
D. ~ard Appointments I
8. New Business~
Council Me,er Alford requested a re~)ort on the status of the
renaaing of the Library.
Council ~er Alford also requested the Staff to prepare a proposal'
to the State Highway ~partment to redesignate 2181 to Ridgeway to
alleviate traffic problem on Teasley.
COUncil Me,er Stephens asked for the proposal to include time line.
Co.oil Member Hopkins requested that the Staff to prepare a'
~solution to the State Highway ~partment in re~erence to the
p=opoeed ~oop 288 extension.
123
C~Y DF D~ CIT¥ COUNCIL M~UTES
January 18, 1983
1. The City Council held a Public Hearing on Tuesday, January
18, 198~, at 4~0 p.m. concerning the annexation a parcel of land
consisting of approximately $.42 acres located approximately 500
feet northeast of the intersection of Interstate 95 and Highway 77.
Z-1552
The Mayor opened the Public Hearin9 and asked if anyone wanted to
speak in favor of the annexation. '
Mr. George ~opkins, attorney representing Cauble Enterprises, spoke
requesting the annexation.
The Mayor called for anyone wanting to speak in opposition.
No one spoke in opposition.
The Mayor closed the Public Hearing.
convened into the Work Session at 5~30 p.m. in the Civil
The
Council
Defense ~oom of the Mun~ci~l Building.
1. ~e Council held a discussion on the monthly financial
reporting to the City Council.
~ris Ha=tung, City ~ager, stated that the Council ~d previously
discu~sed a ~ew sy~te~ o~ reporting financial summary information
~rior to the computer accounting system installation. ~e first
audit after the accounting system implementation had just been
completed.
Bill ~Nary, Director o~ Finance, handed out copies of the
accounting system lis~ing of funds and booklet o~ monthly financial
re.rte which will replace the computer printout of Statement of
Expenditure re. rte. McNary explained the line graph ~orma~ of the
~e Council ~nve~ed into Executive Session to discuss legal
matters, real estate, personnel, and board a~pointments.
~e Council the~ convened into the ~gular ~eting at 7,00 p.m. in
the Council ~ambers.
P~SENT~ ~yor Stewart, ~yor Pro Tem Stephens, Council ~ers
Barton, Hopkins, Alford, Riddleeperger and ~ew; City
~nager, City Attorney, and City Secretary.
~SENT: No~e
1. ~ Council considered approval of the Minutes of the
~gular ~eting o~ January 4, 1983.
~iddlesperger motion, ~ew second to approve the Minu~es as
presented. ~tioD carried ~animously.
2. Consen= ~enda
~ew ~tion, Bar=on second %o approve the Con~ent ~enda. ~tion
carried ~animoumly.
C~sent Agenda~
A. Bids and Purchase Orders:
1. Bid S 9078 - Treatment of Utility Poles
2. Bids limt~ below are all on the City of Denton
Police 8~ation renovations~
Bid ~ 9094 - Mill work
~'~ity of Denton City Council Minutes
Meeting of January 18, 1983
Page Two
Bid % 9095 - Acoustical tile
Bid 9 9096 - Drywall
Bid # 9097 - hath and plaster
Bid ~ 9098 - Ceramic tile
Bid 9 9099 - Woo~ doors
Bid # 9100 - Glass, glasing and aluminum entries
Bid # 9101 - Lockers, shelving and benches
Bid 9 9102 - Blinds
Bid % 9103 - Darkroom equipment
Bid # 9104 - Ventihood
Bid ~ 9105 - Pneumatic tube systems
B. Plats~
1. Approval of the final plat of North Lakes Park
Addition, Phase II. (The Planning and Zoning
Commission recommends approval.)
2. Approval of the ~inal replat of lots 7R and
block B, Stratford Addition, Section I. (The
Planning and Zoning Commissio~ recommends
approval.)
3. Approval of the final replat of lots 4A and 4B,
block A, Township IX, Phase II. (The Planning
and Zoning Commission recommends approval.)
C. Agreements~
1. Approval of a funding agreement with SPA~ to
provide transportation services for handicapped
2. Approval of an Independent Contractor's Agreement
between Tom Maruna, Practical Ma~aga~nt
Associates, Inc., and the City to provide
training seminar for professional, management,
and executive Staff.
3. Approval of an Independent Contractor's Agreement
between ~velyn Wood Reading Dynamics, and the
City to provide a training seminar for
professional, management, and executive Staff.
D. Change Orders:
1. Change Order on Bid # 9053 to Clark Substation in
the amount of $3,020.
3. The Council considered a contract with Don Howard Company
in the amount of $39,575 for drywall work on the Police Building
Renovation Project.
Bill Angelo, Senior Administrative Aide, re~orted to the council
that bids were taken on the project. Three bids were received but
only one bid qualified. As the qualified bid was too hiph, the
price had been renegotiated.
Hopkins motion, Barton second to approve the contract. Motion
carried unanimously.
4. The Council considered a change order for the installation
of heating and air conditioning equipment for the Police Building
Renovation Project.
~gelo reported that discussions had been held with York Borg-Warner
concerning the modulator to control the air flow as a cost saving
method. The payback would be in 1.4 to 2.4 years.
125
Ci%y of Denton City Council Minutes
Meeting of January 18, 1983
Page Three
Stephens motion, Chew second to approve the change order. Motion
carried unanimously.
5. Public Hearings
A. Z-1553. The C~uncil considered the petition of George
Hopkins, representing Cauble Enterprises, requesting a change of
zoning from agricultural (A) to commercial (C) classification on a
16.64 acre tract Of land located at :he northeast corner of U. S.
Highway 77 and the 1-35 service road.
The Mayor opened the Public ~earing.
Mr. George Hopkins, attorney for Cauble Enterprises, spoke in favor
stating that the proposed commercial use was consistent with the
City's long range plans.
~o one spoke in op~0sition.
David Ellison of the Planning and Community Development Staff,
stated that the Planning and Zoning Commission
recommended
approval.
6. The Council considered approval of an Ordinance changing
the zoning from agricultural (A) to commercial (C) classification on
a 16.64 acre tract of land located at the northeast corner of U.S.
Highway 77 and the 1-35 ser¥ice road.
The following Ordinance was presented~
83-01
A~ ORDINANCE AMENDING THE ZONING MAP OF TH~ CITY OF DENTON,
TEXAS, AS SAM~ WAS ADOPTED AS AN APPENDIX TO THE CODE OF
O~DINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO.
69-1, AND AS SAID MAP APPLIES TO APPROXIb~TELY 16.64 ACRES
OF L~%ND OUT OF THE A. WHITE SURVEy, ASSTRACT NO. 1406,
D~TO~ COUNTy, TEXAS; AND MOR~ PARTICULARLY DESCRIBED
HER~IN; A~D DECLARING AN EFFECTIVE DATE.
Stephens motion, Hopkins second to adopt the Ordinance. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
7. Ordinances
A. The Council considered adoption of an Ordinance
setting a date, time, and place for two public hearings concerning
the proposed annexation of approximately 456 acres of land located
along the east side of FM 2181 (Teasley Lane) and north of Robinson
Road and authorizing and directing the Mayor to publish notice of
such public hearings. Z-lb60.
Charlie Watkins, Senior Planner, showed an aerial map of the
property to be annexed and stated that Februar~ 1 had been set for
the on-site and Council Chambers hearings.
The following Ordinance was presented,
83-02
AN ORDINANCE SETTING A DAT~, TIME AND PLACE ON THE PROPOSED
ANNEXATION O~ CERTAIN PROPERTY BY THE CITY OF DENTON,
TEXAS, AND AUTHORIZING AND DIP~CTI~G TH~ MAYOR TO PUBLISH
NOTICE OF SUCH PUBLIC ~EARING.
126
City of Denton City Council Minutes
Meeting of January 18, 1983
Page Four
Hopkins motion, Barton second to adopt the Ordina.noe. O~ roll call
vote Barton "aye", ~opkins ",ye", Stephens "aye", A1 ford "aye",
~ddlesperger "aye", ~ew "aye", a~d ~yor "aye". ~tion
unanimously.
B. ~e Council considered adoption of
desi~na=ing school speed zone~ on U. S. 380 sear Sel~n School and
·ethel Christian Academy.
Rick Svehla, Assistant City ~nager, reported to t~e Council that a
slight chap~e had been ~de in the original Ordina~ces
discussions with the State Highway
~e ~ollowl~g Ordinance was
83-03
~ ORDIN~ DESI~ATING ~D E~T~LISHIM~ A ~CH~L 8~TY
ZONE ON U. S. HX~AY 380 BEGINNING 250 FEET ~ST ~D 250
~ET ~ST O~ T~ E~CE ~ 8ELWYM SC~L~ ~DUCING
~IM~ ~RI~ FACIE SPEED LIMIT F~ FIF~ (50) MILES
~UR ~ THIRTY-FI~ (35) MI~S PER HOUK~ P~VIDING A
PENALTY OF A FINE N~ ~ EXCEED ~O ~ND~D ~L~
($200.00)~ P~VIDING A SE~ILI~ ~SE~ ~D DEC~ING
~ EFFE~I~ DA~.
Stephens motion, Al~ord second to adopt the Ordinance. ~ roll call
vote ~ar ton "aye", Hopkins "aye", Stephens "a~e", Alford "aye",
Riddlee~erger "aye", ~ew "aye", and ~yor "aye". ~tion carried
unan ~ mous ly.
~e ~ollowing Ordinance wa~ preaented~
83-04
~ O~IN~ DESIGNATING ~D EST~LISHING A SC~L
ZONE ON ~. S. HIG~AY 380 ~GINNIRG AT T~ EXISTIEG FI~Y
(50) MI~S PER HOUR S~EED ZO~ ~GE N~ HIG~AY STATION
617, EXTENDING 285 FEET ~ST OF T~ WEST DRI~WAY AMD 315
~EET ~T OF T~ WEST DRIPPY AT BETEL C~RISTI~ A~D~Y~
~CING T~ ~XIMUM PRI~ FACIE SPEED LIMiT FR~
(50) MILES PER HOUR TO THIRTY-FI~ (35) MI~8 PER
P~VIDING A PE~TY OF A FINE NOT ~ EX,ED ~O H~D~D
~L~ (S200.00)~ PROVIDING A SE~ILI~ C~USE2
DE~KING ~ EFFE~I~ DA~.
S~ephens motion, Chew second to adog= the Ordinance. ~ roll call
~ote Barton "*ye", ~kins "aye", ~te~hens "aye" , Alford "aye"
Rf~lea~erger "aye", ~ew "aye", and ~yor "aye". ~tion carried
C. ~e ~uncil consider~ adoption of an Ordinance
aeclaring the results of the ~in~o election.
The following Ordinance was
83-05
~ O~IN~ ~VASSING T~ E~IOM ~TU~S OF A
E~CTION ~IZIRG BIN~ ~S FOR C~XT~
~ J~UARY 15, 1983~ ~D DEC~RIN~ ~ EFFE~I~ ~.
C. J. Taylor, City Attorney re,fred to the Co~cil that the ~tate
Comptroller's Office in Austin and in De~ton would be furnis~ed with
a co~y of the Ordinance.
127
City of Denton City Council Minutes
Meeting of January 18, 1983
Page Five
Chew motion, Stephens second to adopt the Ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddleaperger "aye", Chew "aye", and B4ayor "aye". Motion carried
Unanimously.
8. ]resolutions
A. The Council considered adoption of a Resolution
authorizing the City of Denton to support the Texas Municipal
League's 1269-M Task Force Amendments governing Police and Fire
Departments in the Texas lep tslature.
The following Resolution was presentedz
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS=
WHERJ~AS, it is one of the basic responsibilities of the
City of Denton to protect the life and property of its citizens
through the operations of efficient, reliable and affordable ~olice
and fire departmental and
WHEREAS, it is increasingly evident from more than
thirty-five (35) years of experience that a major barrier in the
City of Denton's way in providing its citi&ens with the best ~olice
and fire service possible is an antiquated state law commonly known
as 1269m which dictates to cities how officers and firefightere will
be promoted and disciplined without regard for local circumstances~ \
and
WN~HEAS, there is documented evidence from all sectors of
the State of Texas that the fifty-five ~5/e) cities which today are
under 12&Pm have seen their police and f chiefs transformed from
managers into administrators Ly new limits lobbied into the law
every two years by ~ions representing the police officers and
firafightersr and
WP~REAS, these increasingly harmful provisions have made
1269m a law which fosters wasteful expenditures and inefficient
management at a time when cities see revenue dwindling~ and
WHE]~EAS, after long study and due deliberations, the
fifty-five (55) Texas cities under 1269m are Joining in a concerted
effort to a~end the law in the upcoming Legislature by giving police
and fire chiefs the power to manage their department, but to retain
portions of the law which give civil service employees necessary
protectionsl Now, Therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THATz
~ECT ION i.
return common sense into Texas · and Fire Stations by amending
1269m
to allow police end fire chiefs to m~nage their departments
more effectively through the appointment of qualifie~ deputies of
their choice, use of improved promotion system techniques, more
reasonable disciplinary rules and other relevant changes.
S~BCTION II.
That the City of Denton, Texas supports the Texas Municipal
League's 1269m Task Force amendments to 1269m because it does
address issues which will return management back to police and fire
chiefs.
12S
City of Denton City Council Minutes
Meeting of January 18, 1983
Page Six
SECTION III.
That the City of Denton, Texas, now calls on all Texas
Legislators, especially those representing the citizens of our city,
to support the Task Force Legislation which makes the necessary
changes to 1269m.
SECTION IV.
That every citizen of this City, every business and the
Chamber of Commerce, plus other organizations, take a stand in favor
of improvements to 12~9m which will return common sense back to
Texas police and fire stations.
PASSED AND APPROVED this the 18th day of January, 1983.
RIC~UtRD O.'STEWA-RT, ~YOR
CITY OF DENTON, TEXAS
ATTEST~
~HA~J~OTTE ALLEN, CITY SECRETARY
CITY OF DENTOn, TEXAS
APPROVED AS TO LEGAL FOP/~:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY ~
Riddlesperger motion, ~/opkins second that the Resolution be passed.
OD roll call vote Barton abstained, Hopkins "aye", Stephens "nay",
Alford "aye", Riddlesperper "aye", Chew "nay", and Mayor "aye".
Motion carried 4 to 2 with 1 abstention.
B. The Council considered adoption of a Resolution
amending the fees of the Denton Public Library.
The following Resolution was presented~
R E S O L U.T I O N
BE IT R~$OLVED BY TR~ CITY COUNCIL OF T}~ CITY OF D~NTON, TEXAS~
SECTION I.
That the Policies of the Municipal Library as approved by
the City Council on December 7, 1976 are hereby amended ~,o provide
for new fees as follows~
1. Non Residents of Denton County
An applicant who is not · resident of Denton or Denton
County, but who is a permanent resident of an
adjoining County may be issued a library card with
full privilepes upon ~ayment of an out-of- county fee
in the amount of Twenty-Five Dollars ($25.00) per year
beginning with the date of application.
129
City of Denton City Council Minutes
Meeting Of January 18, 1983
Page Seven
2. Fine's/Ovardues
Fines for overdue books, record albums, vertical
file materials, ta~ cassettes, will 'be ten cents
(10~) per day excluding Sundays and holidays.
SECTIO~ II.
This P~lolution ihall become effective from and after its
date oK passage.
PASSED AND APPROVED this the day of , 1983.
RICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST
CHARLOTTE ALLEN, CITY SECRET~%RY
CITY OF DENTON, TEXAS
APPROVED AS TO LE(~AL FORMI
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Stephens motion, Chew second that the Resolution be passed. On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor "aye".
Motion carried unanimously.
C. The Council considered adoption of a Resolution
concerning the disposal oK real pro,arty.
The following Resolution was presented~
RESOLUTION
WHEREAS, the City Council of the City oK Denton has here-
tofore determined the neoessity for disposing of the real property
hereinafter described~ and
WHEREAS, &f~er due notice as required by law, competitive
bids were receiYed by the City of Denton; and
WHEREAS, the highest bid received was for Eighteen Thousand
Two Hundred Fifty-Two Dollarl ($18,252.00), from R. H. Invest- ments
(T. M. Stingley); and
W~EP~Ju~, the City Council hereby finds and determines that
the reasonable and fair market value of such property is Eighteen
Thousand Two Hundred Fifty-Two Dollars ($18,252.00);
NOW, THE~J~FORE, BE IT ~SOLVED BY THE CITY COUNCIL OF THE
CITY OF DENTON, TEXAS=
SECTION I.
The bid ~or Eighteen Thousand Two Hundred Fifty-Two Dollars
($18,252.00) by R. H. Investments (T. M. Stingley) is hereby
accepted.
~3{~ity of Denton City Council Minutes
Meeting of January 18, 1983
Page sight
SECTION
The Mayor is hereby authorized to execute on behalf of the
City of Denton, Texas a quitclaim deed conveying the herein- after
described property to R. H. Investments (T. M. 8tingley), to-wit,
All that certain 0.4125 acre lot, tract or parcel of land
situated in the City of Denton, Texas in the A. Hill Survey,
Abstract No. 623, Denton County, Texas and being part of
tract Of land deeded to the City of Denton and recorded in
Volume 767, Page 426, Deed Records of Denton County, Texas and
being mOre particularly described as follows,
B~GINNING at the most westerly southwest corner of Lot 1 of the
Myrtle Addition as recorded in Cabinet S, Page 231, Plat
Records of Denton County, Texas, an iron pin set in the ground;
THENCE south 89'33'12" east with the south line of said Lot 1 a
distance of 127.03 feet to an iron pin set at a corner of said
Lot 2;
THENCE south 00'30' west and ~assing the northwest corner of
Lot 2 and the most easterly southwest corner of Lot 1, M~rtle
A~dition at 9.99 feat and continuing a total distance of 70.0
feet to an iron pin found at the southwest corner of said Lot 2
and also being the northwest corner of a tract of land deeded
to Charles ~opkine recorded in Volume 916, Page 860, Deed
Records of Denton County, Texas;
THENC2~ south 00"31'22" west with Hopkins west line a distance
of 212.86 feet to a 4 inch pipe found at Hopkins southwest
corner;
T~]~NCE north 23040'44'' west a distance of 309.93 feet to the
point of beginning.
CONDITIONS, Sale of the property is subject to the following
conditions~
1. Utility services shall be provided from Myrtle Street.
2. A twenty foot (20') ~arkway shall be retained for
Carroll Boulevard.
3. Curb cuts shall be in accordance with the City of
Denton ~tandards provided in the proposed subdivision
regulations.
SECTION III.
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
advertisement for bid.
PASSED ARD APPROVED this the __ day of January, 1983.
RICHARD O. STEWART, MA~R
CITY O~ DENTON
ATTEST*
CHARLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM,
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY*
131
City of Denton City Council Minutes
Meeting of 0anuary 18, 1983
Page Nine
Chew motion, Barton second that the Resolution be passed. On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford "aye", Riddlesperger "aye", Chew "aye", and Mayor
"aye". Motion carried unanimously.
D. The Council considered approval of a Resolution to the
Teaas DepartMent of Highways and Public Transportation to officially
designate a location for the eztension of State Highway 288.
The following Resolution was preBentedl
R.E S O L U T I O N
BE IT R~BOLVED BY TIi~ CITY COUNCIL OF TIt~ CITY OF DE,Pie)N, TEXAS~
The City Council of the City of Denton, Texas hereby request
the Texas Department of Highways and Public Transportation to
officially desig~ate a location ~or the southern and western
extensio~ o~ State Highway 288 generally along ~yhill Road
Ryan ~ad a~d ~hen ,lomg Ryan ~ad west and ~orth ~o the
location ~ ~tate Highway 288 north of the City o~ Denton, all
as shown on ~he map attached hereto and made a part hereo~.
SE~ON
The City Council further reques= the Texas ~artmen=
Highways an~ Public Transportation to designate and reroute
existing Farm to ~rke~ ~ad 2181 from Teasley ~ne along the
proposed route of Ridgeway Stree~ to its intersection with State
Highway 288 at its intersection wi=h Interstate 35-East, all
showm on the ma~ attached hereto and made a ~art hereo~.
PAS~ED ~D APPRO~D t~ia the day o~
RICHARD O. STEWART$ MAYOR
CITY OF DENTON, TEXAS
ATTEBTI
C~LOTT~ ~!~H, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED ~ TO LEGAL FORM~
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
Council Member Stephens asked if the Resolution could separate
~M 2181 fro~ Loop 288. Staff replied that the Resolution was a
request only.
Stephens ~otion to adopt the ~eolution for the Loop 288 ~ortion
only. Motion died for lack of a second.
Riddlesperger motion, Barton second that the Resolution be
passed. On roll call vote Barton "aye", Hopkins "aye", Stephens
"nay", Al~ord "aye ", Riddlespergar "aye", Che~ "aye ", and ~4ayor
"aye". Motion carried 6 to 1.
132
City of Denton City Council Minutes
M~eting of January 18, 1983
Page Ten
E. The Council considered a ~esolution to purchase land.
The following Resolution was presented~
RESOLUTION
WHeReAS, the City of Denton finds it necessary to purchase
a certain tract located in the City of Denton, Texas, and more fully
described below; and
WHEREAS, the City Council of the City of Denton is of the
opinion that the best interest and welfare of the public will be
served by the purchase of the parcel of real estate described below;
and
WH~RF.,%S, the City of Denton and Robert D. Gathings and
wife, Shellye Kay Gathings, owners of said parcel, agree that a
consideration of Two Thousand Eight Hundred Dollars (*2,800.00) is a
fair and agreed value of such described property;
NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF
CITY O~ DENTON, TEXAS~
CTION :.
The City Attorney is hereby authorized to prepare the
necessary legal documents to complete the transfer of property
so described below from the owners thereof to the City of
Denton~
All that certain lot, tract or parcel of land lying and being
situated in the County of Denton, State of Texas, and being
part of the R.J. Mosley survey, Abet. No. 803 and also being
part of a tract of land as conveyed from Preddie Jane O'Rear to
Robert D. Gathings and wife Shellye Kay Gathings by deed dated
1-16-78 and recorded in Volume 872, Page 685 of the Deed
~cords of Denton County, Texas, and more particularly
described as ~ollows~
Beginning at the southeast corner of said tract, said point
also lying in the north boundary line of a tract conveyed to
the City of Denton by deed and recorded in Volume 462 page 465
of the Deed Records of Denton County, Texas;
Thence north 85'10' west along the south boundary line o~ said
tract and the north boundary line of said City tract a distance
of 959.52 feet to a point for a corner, same being the
southerly southwest corner of said tract;
Thence north along the southerly west boundary line of said
tract, a distance 45.5 feet to a point for a corner;
Thence south 85'10' east a distance of 961.95 feet to a ~oint
for a corner in the east boundary of said tract;
Thence south 3'03' west along the east boundary line of said
tract a distance 45.36 feet to the place of beginning and
containing 1.0 acre of land more or less.
SECTION II.
The City of Denton is hereby authorized to pay its share of
the necessary and reasonable cost of closing as required by the
sales contract.
133
City of Denton City Council Minutes
Meeting of Jmnuary 18, 1983
Page Eleven
PASSED A~D APPROVED this the day of , 1983.
RICMARb O. STEWART, MAYOR
CITY OF DENTON
ATTEST:
CHARLOTTE A/J~EN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED A~ TO LEGAL FORMs
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DEI~TON, TEXAS
BY:
Chew motion, Hopkins second that the R~solution be passed. On roll
call vote Barton "aye", Hopkins "aye", ~tephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
9. The Council received a report on the status of
consideration of renaming the Library.
Chris Hmrtung, City Manager, reported that all of the current
information was included in the Council Agenda back-up material and
that this item was on the Library ~oard agenda for their January 27
meeting.
10. The Council considered a consultant service agreement for
major repair on electric gederating units ~4 and ~5.
Riddlesperger ~otion, Alford second to approve the agreement.
Motion carried unanimously.
11. The Council recognized Mr. l%obert Sage regarding Building
Code enforcement at 221 and 223 ~orth Locust Street.
Mr. Sage handed out a packet of information to the Council regarding
an on-going problem at 221 and 223 North Locust ~treet.
Stephens requested the City Attorney to prepare a memorandum naming
the various co(~es which were being violated at the present time.
Taylor stated that his office would be glad to get together with the
attorneys representing Mr. Sage and Mr. Wong. Council Member
Hopkins stated that he would like to receive a copy of the
discussion between the lawyers. Stephens stated that he wanted the
City Staff to inspect the wall at the site which Mr. Sage reported
was leaning.
12. There was no official action on Executive Session items:
Legal Matters
Real Estate
· oard A~pointments
13. There were no items of New Busines~ for future ag~das
CHARLO~T~S~LLEN, C~TY SECRETARY
0617C
City of Denton City Council
January 25, lgB3
Joint Meeting of the City of Denton City Council, the Planning and
Zoning Commission, and the Subdivision Advisory Committee on
Tuesday, January 25, 1953, at 5:20 p.m. in the Training Room of the
Service Center.
PRESENT: Mayor Stewart, Mayor Pro Tem Stephens, Council Members
Alford, Barton, Chew, Hopkins~ and Riddlesperger; City
Manager, City Attorney and City Secretary
ABSENT: None
City Manager Hartung turned the discussion over to Steve Fanning
with the Planning end Community Development Department. Fanning
distributed notes which enumerate~ changes and/or questions which
were brought forward by the Planning and Zoning Commission and the
attendees of the Public Hearing.
1. Replat Procedure
The current procedure is to follow the state law on
notification with final action by the City Council.
Bob LaForte of the Planning and Zoning Commission commented that
several people had spoken to the P&Z in favor of a courtesy
notification on replatting because, in some instances, replatttng
had the effect of zoning. LaForte also stated that the R&Z felt
that the final action on replatting should be done by the City
Council.
City Attorney Taylor reported that even though property is zoned one
way, replatting can change the use.
Council ~embers Chew and ~arton stated that having the final action
on the Consent Agenda would be informational to the Council.
Panning reported that one comment received from developers was that
requiring Council approval for replats would add several weeks to
the approval process.
Taylor stated that the fi'nal authority to approve plats is the City
Council or the Planning and Zoning Commission through the Council as
designated by law.
Council Member Hopkins stated that there is a need to speed up the
approval process. Taking a plat or replat to the Planning and
Zoning Commission for approval and then being referred to the City
Council for final approval takes several weeks due to the fact that
the Planning and Zoning Commission meets the first and third
Wednesday and the Council meets the first and third Tuesday of the
month.
David Ellis of the Planning and Community Development staff raised
the issue of charging a fee to petitioners to cover the cost of the
courtesy notification of residents outside of the subdivision.
Chew motion, Riddlesperger second that the City Council take the
final action on replats. Stewart, Chew, Riddlesperger, Alford,
Stephens "aye"; Barton and Hopkins "nay". Motion carried 5 to 2.
Stephens motion, Riddlesperger second to send courtesy notifications
to residents within 2dO feet. Chew, Barton, Stewart, Riddlesperger
and Stephens 'aye"; Hopkins and Alford "nay". Motion carried 5 to 2.
2. New Plat Processing (Preliminary and Final)
The current procedure involved no notification. The P&Z
takes final action on preliminary plats and currently on final
plats, the P&Z makes recommendations to the City Council for final
action.
135
City Council Minutes
January 25, 1983
Page Two
Hopkins motion, Chew secono that notification on final plats and
preliminary plats over 100 acres only be given to adjacent property
owners. Motion carried unanimously.
Hopkins motion, Chew second that the Planning and Zoning action on
preliminary and final plats be final with the exception of those
plats which require a financial commitment from the City and that
applicant can appeal final action of P&Z to the City Council.
Motion withdrawn by Hopkins.
Barton motion, Hopkins second that Planning and Zoning Commission
have authority on final plat; preliminary plats, appeals on
preliminary plat decisions made by the P&Z, and all preliminary
plats with a financial commitment from the City would be presented
to the City Council on the Consent Agenda. Motion carried
unanimously.
3. Sidewalks
Currently no si~)ewalks are required.
Hopkins motion, Chew second to require sidewalks on all
thoroughfares and collectors and within one block of schools.
Motion carried unanimously.
4. Requirement to Submit a Preliminary Plat
A preliminary plat is currently required.
Hopkins motion, Alford second to eliminate the optional provision
and change to require a preliminary plat on all developments unless
the development meets the requirements providing for a combination
preliminary/final plat processing in one document and a one-step
procedure. Motion carried unanimously.
5. Annexation
The current procedure on initiation of annexation
proceedings is an informal study considered by the City Council and,
if warranted, procedures are started for the P&Z public hearing and
City Council public hearing.
Stephens motion, Chew second to formalize current practice of study
session to discuss proposed annexations by putting procedure in
Ordinance form. Motion carried unanimously.
6. Perimeter Streets
Currently improvement is required except for single family
under three t3) acres or three (3) lots, and commercial under three
(3) acres.
Hopkins motion, Barton second to maintain current requirements for
perimeter streets. Motion carried unanimously.
7. General Development Plan
A general development plan is not required at the present
time.
Stephens motion, Chew second that a general development plan be
required by the Planning and Zoning Commission when a development is
a portion of a larger tract under one ownership; when a proposed
subdivision will developed in phases; when offsite road, drainage,
or utility connections have major alternative possibilities;
'1 6
City Council Minutes
January 25, 1982
Page Three
when a proposed development's roads, drainage, utilities, etc. may
have a major impact on adjacent or nearby private or public
properties; or when the impact of offsite roads, drainage,
utilities, etc. cannot be determined by a limited area plan. Motion
carried unanimously.
8. City Participation in Drainage Improvement
The City does not presently participate in drainage
improvement.
Hopkins motion, Alford second to delete this fee from the proposed
Ordinance. Motion carried unanimously.
9. Median Standards
There are currently no standards for medians.
Barton motion, Alford second that no median be permitted except on
major arterial roads {primary and secondary) as defined by the major
thoroughfare master plan; that a minimum width of lq feet from back
to back of curb be accepted and medians less than 14 feet in width
be of a maintenance-free surface; that contractors be required to
keep the median areas clean and free of debris, concrete waste, and
other construction waste; that medians be equipped with a water
supply and outlets spaced a minimum of every 100 feet apart;
thatprovisions for an underground electrical supply be provided for
each median unit for the purpose of automatic irrigation which shall
be determined by the Parks Division prior to construction; and that
contractors be required to fill each median unit with top soil and
be required to fertilize, seed, and water in a proper manner to
estalish turf grass cover. Motion carried unanimously.
10. The Council then adjourned into Executive Session to
discuss legal matters, real estate, personnel, and board
appointments. No official action was taken on Executive Session
items.
ll. No items of new business were suggested for future agendas.
0633C
137
MInUTeS
City Of Denton City C~ouncil
February 1, 1~83
Public Hearing ,Oy the City of Denton City Council on Tuesday,
February l, 1983, at 3:4~ p.m. on the east si~e of Teasley Lane
(FM-2iB1) and north or Robinson Roao.
PRESENT: Mayor Pro Tam Stephens, Council rmmoers Alforc, Chew,
and ~iddlesper&er; City Attorney an~ City Secretary
A~SE~T: Mayor Stewart, Council ~emOers Hopkzns ant Bar:on
1. This was the Public Hearing to consider annexation of
approximately 436 acres of lane locater along the east side of
Taaslay Lane, (The Planning and Zoning Commission recommends
approval.) (Z-15b0)
~ayor Pro Tam Stephens opened the Public Bearing.
Charlie Watkins, Senior Planner o~ the Planning and Community
Development further aevelopmentiCaff' repotted :ha: this annexation would encourage
.
Mt. Go::, ow~e: of ~un~own ~nch, aa~e~ ii ~he annexation would
increase ~axee bur fut~iah no Gi~ ~etvicea an~ what wools the
property owners gain :rom the annexation.
~a:~ine e:a:e~ :hat, if aneexe~, :he a~iCionai ~evelopmen~ in ~he
area woul~ be controlled. All lan~ annexes ia initially zone~
agricultural a~e the ~evelopeta :hen peci~ion for zoning changes.
City Attorney Taylor ~epot:e~ :hat land annexe~ in 1983 woul~ &o on
the Csx tolls ia 1984.
Mr, Gott then misted that be was in favor o: the petition.
~r. &ichard Gompton, ao~acent properC2 owner, spoke in tavor of the
petition.
Mt. &obe~t J. ~utton, owner of the mobile home park property, spoke
i~ favor o[ the ~etition.
Mrs. Mitchell spoke in opposztion to the petition. Mrs. ~itchell
stated that she woulo li~e to see the annexation oelayea Oue to the
Cit~ tax situation. Mrs, Mitchell stereo that she was seekin~
aevelope~ to purchase the ptopert~ eno was not against the
annexation per se out would like to see it Oelayed.
The ~ayor Pro Tea closed the Public Hearing.
The ~ouncil aajourneo into Executive ~esaion aC ~:15 p.m. in the
Civil Defense Ko~ of c~e ~unicipal buildln~ Co oiscuaa
~tters, reel estate, personnel, eno board appointments.
The Council convened snto ope~ work session at 5:30 p.m. in the
Civil be~ense k~m o~ the Municipal ~uildinE.
1. The Council receiveo a ~eport on the City ot ~enton's
~conomic Develo~ent
Assistant City ~na~er Sett~ ~ean OriefeO the Council on research
completed on current trends in economsc development marketing.
~ean handed out samples of various brochures which are bern& uses
to interest .Oevelopers. ~ean reco~en~ea all information be
coapile~ i~to o~e ~fac: ~o~" ~h~ch coui~ be upas:ed annually.
~ean also tec~ende~ the preparation of a ali~e show, a
consistent ch~e should be u~e~ :htoughou~ all phases o~ ~e
ma:ks:in& endeavor.
~ity Council Minutes
February 1, 1983
Page Two
2. The Council receiveO a report trom Chuck Carpenter,
Executive Director of the City of Denton Chamber of Commerce,
regarding recent Chamber activities.
Mr, Carpenter reported that the Chamber would be glad to work with
the City in the Economic Development Program and pledged the
Chamber's full support.
The Council then convened into the regular meeting at 7:00 p.m. in
the Council Chambers.
P~.gSE~T: Mayor Pro Tem Stephens, Council Members Barton,
Altoro, Chew, anD ~iOd£esperger; City Attorney and
City Secretary
mBSE~T~ Mayor 5tewart was out of town on a TMPA trip.
Council Member ~op~ins was absent Due to an illness in
his family.
l. The Council consiOerea approval ot the Minutes of the
[egular Meetin~ of January 1~, 198Z.
Eiddleape~ger motion, Chew second to approve the Minutes aa
presenteO. Motion carriec unanimously.
Consent Agenoa
Barton motion, Chew eeconc to approve the Consent Agenda. Motion
carrie~ unanimously.
Consent Agenda:
A. ~iOs and Purchase UrOers: ·
1. ~id ~ 9085 Distribution transformers
2. ~id ~ 90~b Capacitors
3. ~iO ~ 9089 Sale of refuse truck
4. ~id $ 9093 Renovation of beet, air conoitioning
and ventilation
5. ~id ~ 9097 Lath eno piaster
b. bid ~ 9098 Ceramic tile
7. Bid ~ 9101 Lockers
8. bid ~ 9099
9. ~iO $ 910g Venthooo
£0. ~id ~ 9110 5ale ot lathe and Orill presses
Final Payments:
1. Approve final payment to Oagoe fublic ~or the
balance of horthr[cge orainage.
C.
1. Approve the final plat of block 1, Lakewood
Estates. (The Planning and Zoning Commission
recommends approval.)
2. Approval of the tinal rapist of lots 2, 3, ann 4,
block 14, owsley Park Adoitioo. (The Planning
and Zoning Commission recommence approval.)
$. Public Hearings:
A, Z-£560 This is the public hearing to consider
annexation ot approximately 456 acres o£ lend located along the east
aide of Teasley Lane (FM 2181) eno north ot ~obinaon Road. (The
Plannzng ann ~onin~ Commission recommends approval.)
February 1, L983
Page Three
Charlie Watkins, Senior Planner o] the Planning and Community
Develop~nt Staff, reported that mobile home park was under
The Mayor Pro Tam opened the publzc hearing.
~o one spoke in favor.
Mrs. Mitchell epo~e in opposition, Mrs. Mitchell Braced that she
was not opposed Co annexation in the future, but woul~ prefer
annexation wets ~elayed.
The Mayor Pro Tam cloeed the public hearing.
~. Z-1555 This is the petition ot Joe belew requesting a
change ot zoning :rom single family (~f'-7) to planne~ development
CPD) ciaseificat[on for multi-family use on a 9.1 acre parcel
beginning at the northeast corner o: Bernard and Lin~sey. The
property ham approximately 6Z0 :est of irontage along the east side
of ~stnard Street an~ 600 :est of frontage along the north si~e of
Lindsey Street. if approved, the planned development ~PD) would
permit the cOnat~gc:ion O~ approximately ~71 multi-family units.
{The PLanning and Zoning Commission recommends approval.)
The Mayor Pro Tam opened the public hearing.
Mr. Tom Jester, representing Mr. 3oe ~elew, spoke in favor of
petition, hr. Jester stated that mr. eelew plans on building
quality apartments an~ that the surrounding area is presently zones
:or £i&ht industry.
Mr. KoberC Born, architect, spoke in favor of the petition.
Mr. Tommy ~hackelfor~, area reaioent, spoke i~ ~avor o£ the petition
stating that the area woul~ be suitable :or apartment type housing.
No one Ipoke in oppoai~ion.
The Mayor Pro Tam closed the public hearing.
1. The Council consi~ereO ~o~tion o~ an ordinance
changing tae zoning from single family ~S~-7) to planned developmen~
(?D) classification on s 9.1 acre parcel beginnin~ at the northeast
corner ok ~ernard and ~ind~ey.
The followin~ ordinance wan presenteo:
83-06
Alq OP. DINA.NC~ A~DING Tf~ ZUNING MaP OF T~ CITY OF D~NTON,
TEXA~, AS SAME WAS ADOPTED AS ~.N APPENDIX TO TBJ~ CODE OF
O~DIBA~C~ OF Tft~ CITY OF D~NTON, TEXAb, BY U~Di~A~qC~ NO.
69-1, AIqD AS SAiD MAP APPLIES TO APPROXIMATELY 8.9~6 ACP~S
OF Ld~ND ~UT OF T~ AL~X~DS~ HILL SUKV~Y, A~T~CT NO. 6Z3,
DENTO~ ~UNTY, ~S; ~D MO~ PARTICUL~LY DESCriBED
~I~; ~D D~CL~ING a~ EFFhCTIV~
Chew mo~io~, A~io=d seconO that Cbs ordinance be aOopteO. On
call vote ~az=on "aye", ~=ephens "aye", A~ord "aye", ~to~lesper&er
"aye", Chew "aye". The mo=ion carrieo unanimously.
C. ~-1~4 This is =ne ~et1=ton ok W. V. Tunnicli~t
reques~in~ a specific use permit ~o allow lot ~De expansion o~ the
Gen~e: Point t~bile home Park on property locate~ a~3acen~ ano north
oi :he exisCin~ mo~ile home pa:~ an~ conCainin& app~oximately 4.5
acres of lan~. The Cen~e: Poinc mobile ~ome Park is iocateO along
che wem~ Bide o: For: Worth Drive ~U. S. hiKhway 377), be&inning
approximately 200 zee: north of :he inCersection o~ Dames bCree: and
Eort Wo::~ Drive. [The Planning and Zoning Co~iasion reco~ends
approval.)
~y Council Minutes
February l, lng3
Page Four
Tbs Mayor Pro Tam opened the public hearing.
Mr. W. V. Tunnicltff, repreaentzng Center Point Mobile Home Park,
introduced dill Hash.
Mr. dill ~aeh, engineer for the owner of the property, stated that
his client would like to expand the existing system ann waive the
ordinance requirements for individual water meters, underground
electric utilfties, and building eno maintazning streets.
Mr. ~obert J. mutton. Lakewooc Estates ~tobile Home Park, stated that
the City of uenton ordinance partaioing to mobile home parks is 15
years out or date.
Mr. Simon Lewis, ad3acent property owner, reported that he would be
in ~avor if a suitable ~ence were province.
The Mayor Pro Tam closed the public hearing.
I. The Council considered adoption ok an ordinance
approving a specific use permit to allow for ~he expansion of the
Center Point Mobile Home Park on propert~ located a~jacent an~ north
of the existing mobile home park and containing approximately ~.5
acres of land.
barton motion, Chew second to table until the mobile home ordinance
can be studied. Motion carried unanimously.
The Council received a report from Alexander Grant on the
City of Denton Audit.
Mr. Larry Jobs an~ Ms. Sue Jackmon of Alexander Grant banded out a
Compraaensive Annual Financial ~eport ~or the year ending ~ep~ember
30, 19~2 and a Eeport on gnternal Accounting Control and Client
~dvisory Commen~s brochures. Mr. Job ann ha. Jackmon presented oral
reports on the ~indings as specified in the brochures.
5, The Council considered approval o£ the site plan o~ ~orth
Texas inaustrial Park Phase I. (The Planning and ~oning
Commission recommends approval,)
Chew motion, Alford second to approve the site plan. Motion carried
unanimously.
6. The Council considered approval of the final plat of North
Texas Industrial Park - Phase I. {The Planning and Zonin~
Commission recommends approval,)
Chew ~otion, Alford secono to approve the final plat subject to
compliance with City regulations, action carried unanimously.
7. The Council recognized representatives from the Links Club
regarding the use of Fred Moore Park on June l?, 1~, and 19, 1983.
Mr. Washington, representative of the Link Club, stated that they
were a social and c~aritable organ~zation and requested the use of
Fred Moore Park ~or t~e annual 3uneteenth celebration and to have
the park open unti£ 12:00 mioni&nt.
Council ~ember Chew stated that Carl Young ha~ been sponsoring the
Junetaenth celebration ~or several years and h~ ~one an excellent
3ob.
Carl Youn~ told the Council that he haO nandleo the celebration ~or
l0 years and there nad been no racial disputes. Mr. Young stated
that he would be willing to work with the Links Club on the
Juneteentn celebration, bu~ asked tee Council to give the
responsibility of ~he plannin~ ~o ~im.
City Council Minutes
February 1, 1983
Page Five
Ernest Sims told the Council he bec workeo with Carl Youn~ on the
celebration last year. l~e felt that there was a need to help the
whole City eno not Oust one i~roup of people.
Chew motion, ~arton second to ~ive the celebration to the Limks Club
an~ have tbs pa~k sta~ open until lZ:00 miOnight on June 17, 18, an~
19, 19~. ~tiou palse~ unanimously.
~ · Ordinances
A. T~e Council comsiOered a~proval of an oroinance
author izin~ t~e Gity=Count~ ~ealtb officers to Issue
citations to persons viol$tin~ health laws within the Oentom City
limits.
hori Callahan, licensed sanitarian with the County Health
Oepartmemt, ~o~e that the Oepar~ment bad the authority to close a
restaurant, but if minor infractions o~ the health coos were citeC,
the health Department did mot have the authority to issue citaCion~.
The followin~ oroinance was preaente~:
83-07
AN O~IN~ ~NDING ~TICLE iii OF C~ER 11 Of T~ CODE
OF O~IN~CgS OF T~ CITY O~~ D~NTUN, TMXAM, ~Y PKOVIDING
FOR T~ ISSO~ OF W~ITT~N CITATIONS TO PERSONS IN
VIO~TIO~ OF ~ALTh ~WM; ~ING 1T UN~WFOL TO GIVE T~
ISSUING OFFICER A FALSE NA~ OR TO FALL TO APPE~
ACGO~C~ WITH T~ Tg~ OF 'f~ CITATiOn; PROVIDING f~OK A
~XI~M ~'INE Of ~O HO~O~O DOLLA~b ~O~ VIO~TIONS ~OF;
P~OV1DING FO~ A ~V~ILITY CLAUSE ANO D~CLAKING
MF~b~I~ DATE.
Chew mo~ion, Barton second that the oroinance De aOoptem. On roll
call vote B~ton "a~e",~Stpp~ens "~ye", Al~ord "aye", Ki~Olesperger
"aye", arno C~ew "aye~'. ~tlon carrzeO unanimously.
~. The Council consi~ere~ approval of an oroinance
revising the weed oroinaace.
The following ordinance was ~resented:
83-0~
~ O~IN~ ~PE~LI~G ARTIC~ V UF C~RR 12 ("WEE~S
P~IVATE E~MISE~") OF T~ COOE OF O~OlN~S OF T~ CITY OF
~ENTO~ ~u ENACTING A SEW ~TIC~ V ~GU~TI~G T~ ~IGHT
OF, ~ ~QUIEING T~ CUTTING OF CE~TAI~ WEEDS, G~bS, AND
BNCULT IVATEO VE~TATION; PROVIdinG FO~ 2OTI~ OF
VIO~TIO~S, ~AT~T BY T~ CITY, ~SESS~NT OF
~I~IST~TI~ FEE ~O COU~CTION O~' COSTS; PROVIDING FOR A
LIEN ~ DELI2QUENT ~ST, INT~ST 'I~ON ~0 FO~CLOSU~
T~OF; PROVIDING FO~ A PRNALTY NOT TO EX.ED TWO
DOL~S ($200.00) [~ VIOLATIONS T~OF; ~PEALING ALL
O~IN~M IN CO~FLICT~ PROVIDING FOK A 5E~ILITY
AND DEC~ING AN EFFECTIV~ DATE.
dhr~ mo~ion, Alfora seco~ ~o a~opt the orainance. On roll call
vote ~acCon "aye", btephe~s "aye", Alfor~ "aye", ~iddleiper~er
"aye", a~G Chew "aye". ~io~ carrie~ unanimously.
C. T~e Council conli~ered approval of an oroinance
repealin~ =ne No Parkin~ Zone in ~ne 1200 bloc~ of ~ btreet to
allow ~e~iclem ~o park on the east si~e of Elm Street trom its
intersec~xon wi~ ~econ~ ~ree~ ~o i~s intersection wit~ Thiro
btreet, (The Citizens Traffic bakmg~ Support Co.lesion recommence
approve,1. )
City Council Ninutes
February l, 1983
The following ordinance was presented:
83-09
AH O~LOINA.NCE ~J~PEALING THE ~O PARKING ZONE I~ Tf{E 1200
BLOCK Of' EL~! STREET TO ALLOW T~ P~KI~G UF V~fG~S ON T~
~a~T SIDE OF f~ ST~ET ~UM ITS IN~ECTIO~ WITh
~ B~'FMCTI~ OATE.
Chew mo:iom, ~arton ~e:onO ~o adopt :he or~nance. Om roll
vo~m ~ar~o~ "aye", ~ap~ens "aye", ai~or~ "aye",
"a~e", and Chew "aye". Morion car~ie~ unanimously.
~. T~e Council conaimere~ approval of an ordinance
~e~ignatim~ a No Parking Zone om the ,outh aide o~ Thir~
between g~ an~ Locust. (The Citizens Traffic Safety Muppor~
Co~i,sion reco~amd~ approval.)
The following ordinance was pre~enCed:
83-10
~ OKOI~A~ PEOHIBITING T~ P~KI~G OF VEHICLES ON T~
SOUTH SIDE OF TMi~ ST~ET ~'RUM ITS INTE~ECTION WITH ELM
MT~ET TO ITS INTE~MEC~IO~ WITH LOCUST MT~ET; P~UVIOI~G A
SERVILITY CLAUSE; PROVidinG A PENALTY NOT TO MX~ED
MUNO~D ~L~RS; AND O~C~ING ~ gFFECTI~ DATg.
Chew ~ion, Alford second to adopt the orainance. Om roll call
vo~e ~ar~om "aye", Step~ns "aye", Al~or~ "aye", ~id~le~p~r&er
"aye", an~ G~ew "aye". ~Ciom carried
M. T~e Council coa~i~ere~ approval of an
desi~natln~ a au Parkiag Zone on =he south aioe of Saw, er Street
between Austin and Locust. {The Citizens Traffic Safe=y Support
Co, lesion reco~enos approval.)
The fo~lowing oroinance wa~ pre~ente~:
83-11
~ OEDIaAa~ P~OMiblTI~G ~ PA~IRG OF V~HIC~ UN THE
MOOTh SIDE Of' SAWYE~ 5T~ET ~OM ITS IaTgRS~IOa WITH
AUS~'IN ~T~ET TO iTS IbT~E5g~ZO~ WITH L~UST ST~gT;
P~VIDI~G A ~gV~ILITY C~US~; PROVIbING A PENALTY NOT TO
gX~g~ TWO MOaO~b DULLS; ~ OgCL~I~G ~ ~F~CTIVE DATE.
alford motion, Chew ~econO to adop= the ordinance. ~ roll call
vo~e Barto~ "aye", S~ephena "aye", AlforO "a~e", Eiddleape=~er
"a~e", and Chew "aye". Motion ca~ried unanimoual~.
F. T~e Council considered approval of a =tuck route
ordinance. (The Citizens T~af~ic Safety Suppor= Go~iasion
reco~enos approval.)
The following ordinance was presen=ed:
83-12
A~ O~IN~ ~OlNG S~CTIUN Z4-62 OF C~E 24 OF T~
~ O~' O~Ia~ OF T~ CITY O~ DE,TOm,
ESTA~Li5MI~G ~EMIGNATEO TROC~ EOUT~S ~ ~GU~TIONS FO~
OEP~TU~ T~F~OM; P~OVIOI~G FO~ EX~PTIOa~; P~OViOIRG
~'U~ A ~XIMUM PENAgTY OF TWO HOab~D ~L~S ~D V10~TIUa
T~UF; PROVIUI~G EO~ A SEVE~ILtTY C~USE; ~D
~ ~F~UTIVE DATE.
143
City Council Minutes
February l, 1983
Page Seven
Chew motion, Alfotd second to adopt the ordinance. On roll call
vote iii=ton "aye", ~'ephenl " "
eye , Aliord "aye", Rio~lespet&et
"aye", and Chew "aye", Motion carried unanimously.
O. The Council considereO approval of an ordinance
tesuia:ins the operation of ~er&ency ambulances and :tanager
ambulances in the City o~ Den:on.
The iollowiu& ordinance was presented:
83-13
~ O~IN~Cg ~GU~TI~G T~ OPg~TION OF
~U~b A~O T~F~ ~UL~C~S IH T~ CITY OF
~S{ ~DZ~G C~'~R 26 U~' T~ ~g OF ORDINANCES ~Y
~Ol~O T~TO A ~EW ~TIC~ V ~G0~'L'iNG E~KGENCY
~U~CgS ~0 T~S~R ~UL~M, ~GU~TING ATTEND~TS
Chmw mo~iou, Riddl~sp~r ~con~ ~o a~op~ th~ or~inancm. Om roll
call vote Ba~on "aye", b~phmus "aye", Al~ord "aye",
"aye", m~ C~w "aye". ~ion ca:~i~d unanimously.
H, The Council coumioerm~ approval o~ an ordinance
provi~ing a two p~rc~nt (2%) ~ax om bingo
Th~ ~o~lowin6 ordiuancm wam
~ O~i~ ~DING C~PrgR 22 OF T~ CODE OF T~ CITY OF
DghTOW, Tg~S PROVIDI~G FOR A TWO P~R~NT GROSS ~CEIPTS
TAX Om ~IPTS ~'gOM T~ CONDUCTING OF ~IM~ G~S IN T~
CITY OF DENTON, Tg~M ~O DEC.lNG ~ EF~CTIVE DAT~.
Chew motion, ~a:ton m~coud to a~opc t~e or~lnance. On :oli call
vote barton "aye", Mtephens "aye", Alio~d "aye",
"aye", an~ Chew "aye". Motion ce~i~ unanimously.
9. ~esoluCions
l'he Couucii conaiaere~ adoption of a resolution acqui~in~
0.65 ac=es to replace pa~klanc lost to Wincaor O~ive.
T~e following ~esolutiou was
R I S O L U T i O N
W~Lg~LgAb, the City of Dentsu, Texas has heretofore ama authotzzed
the extension and improvement of Winosot Drive; and
WHiP. AS, such street extension and improvement requires the use
ota portion of the land presently used as Evers Park; ant
W~L~AS. tbs conversion of park land to other uses requites the
teplacemen~ of such land for continuation of federal funding iD=
park ~evelopment;
NOW, TM~L~FOR~, BE IT ~SOL~D :ha~ ~he City Council of the City
of Dentsu hereby authorizes :he put:hame ct lane in accocda~ce with
~he Cou~tac: of Sale a~tachee here:o, Ceactibed as follows:
ALL ChaC ce:rain LoC, :tact ct parcel o: lan~ iyzn& aaa being
situated in Cbs City an~ County of Denton, State oi Texas, an~
been6 pat~ of ~he B.u.~. & C.R.~. Co. survey, Aba:. ho.
also betas parc ct a tract oi lan~ aa conveyed Co Bob ~. T:ipp
an~ uavid ~. T:ipp, Trustees by ~eea ~a~ed December 29,
:ecot~e~ in Volume 99b, Pass 376 cZ :he Deed Aeco:ds oi Uen:on
~oun~y, Texas, an~ mote particularly desc:ibe~ as
i~ity Council minutes
~ebruary 1, 1983
Page ~ight
~EGINNING at the most southerly northeast corner of said Tripp
tract, same being the southeast corner of ~vets Park as described in
deed recorded in Volume 596 page 560 of the Deed Records of Oenton
County, Texas, said point also lying in the west right-or-way line
of ~otth Locust Cg.~. 2164);
T~ENC~ north ~8o32'15'' west, along an existing chain link fence
for approximately 350 feet and continuing for a total distance of
440 feet to a point for a cornet;
T~NCE north 40ol8'37'' west a aistance of 234.47 feet to a point
~or a corner;
TflfJ~CE north 0006'42" east passing at approximately 123.61 feet a
cornet post of a chain ~ink :ante and continuing along said bearing
and :ante, passinE at 23g.37 feet the south right-of-wa~ line of
Winaaor orive as ~escrioea in ~eed recor~e~ in Volume Lie7 page 1D0
of the Deed Records of Denton County, Texas, passing at Z95.97 ~eet
the nor~h right-of-way Line o~ said Winasor Drive and continuing
a :oral distance of 885 test to a point :or a corner, sai~ point
lying zn :he south boundary line o~ a tract ~eeaaa to the oenton
Independent School District by ~eed recorded in Volume ll40,
Z34 og the Oee~ ~ecotde o~ oas:on County, Texas;
T~N~ north b9o59'03'' eas~ along the mouth bounda:y line of said
Denton Independen~ bc~ooi bistric~ Tract a ~lstance o: 1.91 tee:
a pots: for a corner, said point beta& the southeast co,net o[ said
O.I.S.D. ::ac:, said point also lying ia the wes~ bouneaty line of
said Evers Park tract;
T~N~ sou~b 0o01'30'' east along the wear boundary of amid
Park a ~iatance o~ 751.39 feec to t~e most northerly southwest
corner o: ~vers Park;
'r~N~ south 37o31'29'' east along the southwest boundary line
sai~ ~vers Park a distance of 3~0.5 keec to the southerly southwest
corner o~ said Evers Park;
T~BC~ south 87043'09'' east alon~ the south boundary line of said
~vers Par~, a ~istance ok 350 feet co the place of De~innin& and
containing 0.65 acres of land more or less.
~rom tbs Bob ~. Tripp, Trust No. 2 Co be useo as part of &vets Park
and t~e mayor is hereby authorized to execute said Contract of Sale
eno other ~oc~ents necessary Co such conveyance.
PASSED ~O APPrOVeD this tile ~ay o~ February, 1983.
~IC~{A~ o. ~TEWAK%', MAYOR
CITY OF DENTON, TEXAb
ATTEST:
C La :oTTS ciTY
CITY OF D~TON, TEYu~S
APPKOVED AS TO L~GAL FORM:
C. J. TAYLOR, JR., CITY ATTO~gY
CITY OF ~TUN, TE~S
~Y:
c~ty Council Minutes 145
Eebruary i~ 1983
Page ~ine
Chew motion, Alford second that the resolution be passed. On roll
call vote Barton "aye", Stephens "aye", Al~ord "aye", Rlddlesper&ar
"aye", and Chew "aye~', Motion carried unanimously.
10. The Council received a report on the namin~ of the Library.
Assistant City Manager Betty ~ian reported ~ha~ cbe Library Board
had me~ on January 27 an~ woul~ be brinEinE their repor~ ~o the
Council on February 15. ~Eean han~ed out copies of a peri=ion
which had been receiveo by ~be City haaa~er's O~rice concernins the
namin& of ~he Library,
11. The repor~ on TM~A was removed from =he a~enda.
1Z. Ufiictal action on Executive Session items:
The Council coasidereo aOopCion of a resolution kor =he acquisition
of lan~.
The ~ollowinS resolution was presented:
W~a~, ~he C~y of Denton, Te~a~ has beratofore and
authorized ~he extension and improv~ent of Windsor Drive; aaa
W~A~, aucn street extension and iaprovemen~ reguzre;
acguisiCion of ~he land ;escribed herein;
SOW, T~FU~, s~ IT ~SULVED tha; ~be City Council of ~e
City of Denton hereby auChorize~ the acguisi~ion of lane
accordance with the Coatrac; of Sale ac~acheC hereto, ~escribed as
follows:
~ra~ 1: All Chat certain 0.27~ acre :race, or parcel of land
County, Texas; said ~racc ~iag part of a trac~ shown by deed ~o E.
D. ~eaClee and recorded in Volume ~7~, Pa~e 56~ of the Deed
o~ ~en~on County, Texas and bein& more particularly de;cribec as
roi low~:
~EGINNING for rhe northeast corner o~ the Crac~ being ~e~cribed
~ere~n at an iron pin ;e~ in ~he &roun~ at ~be nor~neas~ corner of
said Hea~lee Tract, ;aid corner also bezn~ the northwest corner ota
~rac~ deeded to Tex ~artin and recorde; in Volume 762, PaEe 4~4 of
the bee~ Records of ~encon County, Texa~;
T~N~ sou~h ~'14'59" west 27.13 ~eet ~o an iron pla se~ in the
&roun~ on ~he south li~e of proposec hindsor Drive;
T~ north 88~Z7'27" wes~ wl~b One south line oi ;sic propoae~
road 442.62 fee~ co an iron pin set in ~he ~round on ~he weac line
of ;aiC ~ea~lee ;tact and the east line ota tract ~eeded ~o ~.
Ennis ann recorded in Volume 1001, rage 542 of =he Deea Eecor~s
Denton County, Texas;
T~NCE north 02'1~'59" eae~ 27.71 fee~ to an iron pin se~ in ~he
~round a~ ~be nocthwes¢ corner of said ~eadlee
T~N~ ~out~ 88'22'57" ess; ~Z.~l ~ee~ co ~he point of beginainE.
T~CT 2: All tha; certain 1.046 acre trac~, or parcel of land
situated in the Thomas Toby ~urvey, Abstract So. 1288, and ~he
B.~.~. & C.~.k. Co. Survey, Abstrac~ ~o. 186, and the a.
Neisenheiaer Survey, Abstract ho. 810, Denton County, Texas;
~ract bei~ part of a trac~ shown by eeed ~o E. D. Headlee and
recorded in Vol~e 878, Page 567 of t~e ~eea ~ecorca o~ ~enton
County, Texas ~n~ bein~ more particularly eescr~bed as follow;:
~&~ity Council Minutes
~ebruary l, ~983
Page Ten
bEGINNING for the northeast corner of the tract beinK described
herein at an iron pin set in cna ~roun~ at the northeas~ corner
said Needles Tract;
Tfl~NCg south 01°lZ'49'' wast 167.30 feet to an iron pin found in the
&round at the northwest corner of Lot 1, block 2, Section 4 of the
Readlee Addition to the City of Denton;
TH~N{~ north 88e14'47'' west with the north line of Mesquite Street
49.93 feet to a6 iron pi9 foun~ in the &round at the northeast
corner of Lot ll, Block 1, Section 4 of :he Beadles Adoition;
THENCE north 01°12'49'' east 137.A9 feet to an iron pin set in the
~round on :he south line ok propose~ Windsor Drive;
THENCE north 89"00'32" west wit~ the south line of said proposed
road 1040.43 feet to an iron pin set in the ~round on tee east line
of Hinkle Drive;
T~NGE notch Olelg'q9" east with the ea~: line of aai~ propoee~
41.85 fee: to an iron pin ~et in :he ~round at the northwest corner
of maid Headlee ~rac~;
T~N~ sout~ 8~Z0'30'' eas~ 109U.38 feet ~o ~he poin~ of beginning.
Tract 3: Ali =hat certain 0.0~ acre ~ract, or parcel ok land
situa~e~ in ~he ~.b.B. & C.K.E. do. Sur~my, Abstract No. 18b, City
an~ County o~ ben,on, Texas; sale ~rac~ bein~ par~ of a tract shown
by ~eed =o E. D. Headlee as recorded in Volume 878, Pa6e 5~1 o~ =he
Deed Eeco~ds ok ~enton County, Texas said ~rac~ bein~ kurt~er
~m~cribeo by metes eno bounds as follows:
herein at an iron pin in O1~ Man,er ~oa~ at ~he northwes~ corner o~
sai~ HeaOlee Tract. bein~ also the northeast corner of tract Ihown
by ~eeO to Tax Martin as recorded in volume 762, Wa~e 484 of said
~ee~ ~ecorO~ of Denton County, Texa~;
T~ sou~h ~8021'58'' east 164.83 feet alon~ the north line of said
Beadles Tract ~o an iron pin set a~ point of intersection with ~he
southeasterly propomed riEht of wa~ line of WinOsor
T~NCE westerly 167.99 Zest wi~n arc o~ curve to right whose raOius
is 570.83 feet to an iron pin se~ a~ it~ intersection with
weltern line of ~ald Headlee Tract, choro bearin~ sou~h 82012'0~''
we~t 167.39 keet;
T~N~ north 2°14'59'' east 27.43 feet ~o =he place o~ be~innin~;
:rom ~. Dears HeaOlee, eno ~he Mayor is hereby authorized ~o execute
said Contract of 5ale eno other documents necessary to much
conveyance.
PASSED ~D APPROVED this ~ne __day of January, 1983.
CITY 0~' U~NTO~, T~XAS
ATTh~T:
CNAkLOTTE ALLEN, CITY SMCkETARY
CITY OF DENTON, TEXAb
APPKOVED AS TO L~GAL FORM:
C. J. TAYLOK, JR., CITY ATTOR/~£Y
CITY OF D~NTON, TEXAS
City Council Minutes
February 1, 1983
Page Eleven
Chew motion, t~arton second tha~ =he resolution be passed. On roll
call vote lsarCon "aye", Stephens "aye", Al£ord "aye", Kid~lesperger
"aye", a~ Chef"aye~'. Mo~io~ car~ied unanimously.
ho new items ot business were suggested for future a~endas.
0634C
MINUTES
City of Denton City Counci)
February B, lg83
Special Called Meeting of the City of Denton City Council on
Tuesday, February 8, 1983, at 12:30 p.m. in the Council Chambers of
the Municipal ~uilding at which the following items will be
considered.
PRESENT: Mayor Stewart, Mayor Pro Tom Stephens, Council Members
Alford, Hopkins; City Attorney and City Secretary ,
ABSENT: Council Member Barton who was in court; Council'Member'
Riddlesperger who was in Washington, D.C. with NCTCOG;
and Council Member Chew who was detained at the office
1. The Council considered introduction of an ordinance
instituting annexation proceedings on a 3.¢2 acre tract of land
located approximately 500 feet northeast of 1-35 and Highway 77.
(Z-1552)
Hopkins motion, Stephens second to approve the introduction of the
ordinance. Motion carried unanimously.
MINUTES 149
City of Denton City Council
February l§, lg83
Regular Meeting of the City of Denton City Council on Tuesday,
February 15, 1983, at 5:30 p.m. in the Civil Defense Room of the
Municipal Building at which the following items were considered.
1. The Council discussed the SWAMP fund.
City Manager Chris Hartung reminded the Council that the storm water
management fee was tabled at the end of the budget process with
instructions from the Council to bring the item back at a later date.
Assistant City Manager Rick Svehla reported that the City of ~ustin
charter enabled them to charge this fee; the Denton City charter
does not. The City charter could be changed by legislation or by
charter amendment. Svehla stated the Staff felt charging the fee
would be a good idea, but no action can be taken until the charter
is changed.
City Attorney C. J. Taylor stated that enabling legislation was
drawn up by [he City of Austin, but was not filed as their charter
already allows them to charge the fee.
Riddlesperger motion, Hopkins second to request state
representatives and senators to introduce the bill. Barton,
Hopkins, Stephens, Alford, Rtddlesperger, Stewart "aye"; Chew
Unay". Motion carried b to 1.
2. The Council discussed the initiation of annexation
proceedings on a proposed mobile home subdivision to be located
along the south side of Fish Trap Road and the east side of Jewell
Road.
Charlie Watkins, Senior Planner, reported that the Planning and
Community Development Department was processing a 13 acre plat for
subdivision. This property is approximately 400 feet from the City
limit sign and is the site of a proposed 84 lot mobile home park
with internal roads meeting County specifications. If the property
is annexed after development, the street system would be substandard
to City SpeCS. The lots for the mobile homes are to be sola to
individuals and would not meet the City minimum lot size
requirements.
Mr. Griffins, the developer of the mobile home subdivision, reported
to the Council that at the time he purchased the property he was not
aware of the fact tha~ it was in the extra-territorial
turisdictton. Mr. Griffins stated that he believed there was a need
or this type of housing and the lot size and streets were the only
problems. The property is to be sold approximately the middle of
July creating a scheduling problem regarding completion. Mr.
Griffins stated he would post a performance bond.
Chew motion, Barton second to proceed with annexation of the area
recommended by Planning and Community Development. Motion carried
unanimously.
The Council adjourned into Executive Session to discuss legal
matters, real estate, personnel and board appointments. No official
action was taken.
The Council then adjourned into the regulmr meeting at 7:00 p.m. ~n
the Council Chambers.
Members Present: Mayor Stewart, Mayor Pro Tam Stephens,
Council Members ~arton~ Hopkins, Alford,
Rtddlesperger and Chew; City Manager, City
Attorney and City Secretary
Members Absent: None
l§ tty Council Minutes
February l~, lg83
Page Two
1. The Council considered approval of the Minutes of the
Special Called Meeting of Januar~ 25, 1983, the Regular Meeting of
February l, lg83 and the Special ~alled Meeting of February 8, lg83.
Chew motion, Rtddlesperger second to approve the Minutes as
presented. Motion carried unanimously.
The Council received a report on TMPA.
Dr. Roland Vela, member of the TMPA Board of Directors, reported
that the agency headquarters would be moving to the Gibbons Creek
steam plant in Grimes County.
Austin Construction had submitted a change order due to increases in
materials, labor costs, and general inflation. Dr. Vela had voted
against the payment of this change order. The final change order to
Tippett and Gee had been completed. Total engineering costs paid to
Tippett and Gee were $15,805,D00.
The plant is operating and generating electricity and will continue
to operate at 86% capacity for the remainder of the year.
The bond salesmen have been watching the market to try to refinance
the $300,000,000 in bonds at a lower interest rate. This could
result in a possible savings of $16 to $17 million. The expenses at
Comanche Peak will be monitored closely. Dr. Vela submitted
financial reports to the Council.
Council Member Riddlesperger asked Dr, Vela for his assessment of
Mr. Waggoner as the new General Manager of TMPA.
Dr. Vela responded that he was impressed and that Mr. Waggoner was
very cost conscious. Dr. Vela also stated that leases have been let
for oil and gas exploration on land for which TMPA owns mineral
rights. TMPA will collect royalties on the gas well which had come
in.
Council Member Stephens asked about the status of Unit #2.
Dr. Vela responded that all studies which have been completed point
to a need for a second unit. TMPA through the member cities could
sell excess power.
3, The Mayor presented a Proclamation to Ms. Tomasa Garcia of
LULAC,
4. Consent Agenda
Hopkins motion, Alford second to approve the Consent Agenda as
presented. Motion carried unanimously.
Consent Agenda:
A. Bids and Purchase Orders:
1. Bid ~ 9079 Riding mowers (additional mower}
2. Bid # glOB Police sedans
3. Bid # glO/ Ambulance
4. ~id ~ 9108 Sewer flushing truck
b. Btu ~ gll5 Traffic controllers
6. Purchase Order # 56883 to Wang Laboratories, Inc.
7. Purchase Order #56gsg to Drill Equipment
151
City Council Minutes
February lB, 1983
Page Three
B. Plats:
1. Approval of the final plat of Stratford Addition,
Second Section
5. The Council considered a recommendation from the Denton
Library Board on reconsideration bf name change.
Dr, Lee Miller, Chairman of the Denton Library Board, presented a
written report to the Council. Dr. Miller reported that the Library
Board had considered the problems associated with purchasing and
billing. An order placed for the Emily Fowler Library and paid by a
City of Denton check caused much confusion with vendors. For this
reason the Library Board recommended the name should remain the
Denton Public Library.
Riddlesperger asked Dr. Miller is the Board had considered naming
the facility the Emily Fowler Public Library, City of Denton.
Dr. Miller responded this name had been considered; however, the
name could be construed as the name of a private library which is
open to the public instead of a City library.
Chew motion, Hopkins second to receive the Library Board report.
Motion carried unanimously.
Mr. Robert Caldwell appeared before the Council and stated that the
problems stated by the Library Board were more a nuisance than a
~roblem and requested the Council to change the name back to the
mily Fowler Library.
Alford motion, Hopkins second to change the name to the Emily Fowler
Public Library.
~idolesperger motion, Stephens second to change the name to the
Emily Fowler Public Library, Denton City/County Library System.
Tom Shaw of the City Purchasing Department responded to Council
questions stating the problem was that vendors did not connect the
Emily Fowler name with the City of Denton.
John Marshall of the City Purchasing Department stated that books
and other materials are ordered from all over the United States and
invoices are returned because vendors do not match the order from
the Emily Fowler Library with the City of Denton check. Mr.
Marshall suggested it would solve the vendor problem if the Library
were named the Denton Emily Fowler Public Library.
Mr. Sam Merino, member of the Library board, stated in the future
branch libraries would be added. Mr. Merino suggested all
correspondence should be from the Denton Public Library and the
present library building could be named for Emily Fowler.
Council Member Hopkins asked if public hearings had been held.
Mr. Marino responded that a survey had been completed and an open
meeting had been held. The results of the survey indicated a
preference by Library patrons for the name Denton Public Library.
Rtddlesperger motion to table the amendment to the main motion. The
motion to table died for lack of a second.
Vote on the amendment to name the Library the Emily Fowler Public
Library, Denton City/County Library System was Barton "aye", Hopkins
"nay", Stephens "aye", Alford "nay", Riddlesperger "aye", Chew
"nay", and Stewart "nay". Motion was defeated ¢ to 3.
152
City Council Minutes
February 15, 1983
Page Four
Vote on the main motion to name the Library the Emily Fowler Public
Library was Barton "aye", Hopkins "aye", Stephens "nay", Alford
"aye", Riddlesperger "aye", Chew "nay", and Stewart "nay". Motion
carried 4 to 3.
Ordinances:
A. The Council considered adoption of an ordinance
directing the issuance of notice of sale of general obligation bonds.
Mr. David Medanich, representing First Southwest Company, reported
to the Council this action was a legal requirement to sell bonds.
The following ordinance was presenteO:
83-15
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONOS
Riddlesperger motion, Chew second to adopt the orainance. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Rtddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance
annexing a tract of land along the east side of Mayhill Road
immediately north of the Andrew Corporation plant. (Z-1541)
Charlie Watkins, Senior Planner, reported to the Council this was
the final action for this annexation.
The following ordinance was presenteD:
83-16
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT,
TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 63.89
ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF
DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER
SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS;
CLASSIFYING THE SAME AS AGRICULTURAL aA" DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
Chew motion, Barton second to adopt the ordinance. On roll call
,opkins "a e" st,ph.ns A,,ord "ay.".
vote Barton "~ & , Motion carried
Riddlesperger , Chew "aye% and Mayor "a .'
unanimously.
C. The Council considered adoption of an ordinance
annexing a tract of land along both sides of FM 1830 beginning
approximately 200 feet south of Hobson Lane. (Z-lB42)
The following ordinance was presented:
83-17
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOTt
TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 111.72
ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF
DENTON, STATE OF TEXAS AND BEING PART OF THE T. MARTIN
SURVEY, ABSTRACT NO. 900, AND THE B.B.B. & C.R.R. COMPANY
SURVEY, ABSTRACT NO. lgG, DENTON COUNTY, TEXAS; CLASSIFYING
THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND
DECLARING AN ~FFECTIVE DATE.
153
City Council Minutes
February 15, 1983
Page Five
Chew motion, Barton second to adopt the ordinance. On roll call
vote Barton u ,,
aye , Hopkin~ ,a~e,, Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew aye , and Mayor "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
annexing a tract of land beginning approximately 1800 feet east of
Mayhill Road. (Z-1549)
The following ordinance was presented:
83-18
AN OROINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT,
TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY lgl.12
RCR£S OF LANb LYING AND BEING SITUATED IN THE COUNTY OF
DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER
SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS;
· -I CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY'
AND DECLARING AN EFFECTIVE DATE. '
~ Hopkins motion, Chew second to adopt the ordinance. On roll call
~ vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance
annexting a tract of land located immediately east of the Denton
Wastewater Treatment Plant. (Z-1550)
The following ordinance was presented:
83-19
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT,
TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 24.b05
ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF
DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER
SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TgXRS;
CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY;
AND DECLARING AN EFFECTIVE DATE.
Stephens motion, Chew second to adopt the ordinance. On roll call
vote Barton " " , ,,
aye , Hopkin~ '~e" Stephens "aye", Alford aye",
Riddlesperger "aye", Chew aye , and Mayor "aye". Motion carried
unanimously.
F. The Council consiaere~ adoption of an ordinance
calling a City officers election to be held on April 2, 1983.
The following ordinance was presented:
83-20
AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN
._ THE CITY OF DENTON, TEXAS, ON APRIL 2, 1983, FOR THE
PURPOSE OF ELECTING FOUR COUNCILPERSONS TO THE CITY COUNCIL
OF THE CITY OF DENTON, TEXAS FOR PLACES l, 2, 3 AND 4;
ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM
ADOPTED BY DENTON COUNTY BE USED IN SAID ELECTION;
PROVIDING FOR VOTING PLACES AND APPOINTING ELECTION
OFFICIALS AND PROVIDING FOR ELECTION SUPPLIES.
Chew motion, Stephens second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
City Council Minutes
February 15, 1983
Page Six
G. The Council considered adoption of an ordinance
designating no parking on the south side of Chambers from Clifton to
Dallas Drive and eliminating the no parking designation on the north
side of Chamber from Clifton to Dallas Drive.
The following ordinance was presented:
85-21
AN ORDINANCE AMENDING ORDINANCE NO. 82-82 TO RESCIND THE NO
PARKING ON THE NORTH SIDE OF CHAMBERS STREET FROM ITS
INTER- SECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH
CLIFTON STREET; PROVIDING NO PARKING ON THE SOUTH SIDE OF
CHAMBERS STREET FROM ITS INTERSECTION WITH DALLAS DRIVE TO
ITS INTER- SECTION WITH CLIFTON STREET; AND PROHIBITING THE
PARKING OF VEHICLES ON THE WEST SIDE OF CLIFTON STREET FROM
ITS INTER- SECTION WITH DALLAS DRIVE l0 ITS INTERSECTION
WITH CHAMBERS STREET; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DAT~.
Chew motion, Stephens second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
7. The Council considered adoption of a resolution supporting
the enactment of House Bill lg4.
City Manager Chris Hartung reported to the Council this resolution
was in response to a request :y the Mayor of Bellaire for the City
of Denton to support House Bill 19~.
The following resolution was presented:
_LLg_L_U i o N
WHEREAS, heretofore previously, House Bill lg¢ has been
filed and is currently before the House of Representatives of the
State of Texas; and
WHEREAS, said legislation has been submitted to the general
convention of the Texas Municipal League; and
WHEREAS, the Resolutions Committee of the Texas Municipal
League unanimously approved said legislation, and the General
Assembly of the Texas Municipal League likewise approved said
legislation; and
WHEREAS, House Bill lg¢ provides needed flexibility for
cities in the State of Texas to assist the property owners and
residents in said cities in securing replacement of sanitary sewer
laterals when the same becomes necessary because of the relocation
and/or replacement of sanitary sewer mains; and
WHEREAS, the health, s~fety and well-being of every person
in any city in the State of Texas is dependent upon an efficient
system for the transportation of sewage and wasteweter products; end
WHEREAS, it may be totally impossible for a resident of a
city, faced with an expenditure of in excess of $1,000.00, to secure
a low-cost loan for the money necessary to accomplish such
replacement of a sewer lateral; and
WHEREAS the residents of Texas cities are fully protected
under the terms of such legislation by reason of their options to
withdraw in the event the cost for such work is excessive; NOW,
THEREFORE,
City Council Minutes 155
FeOruary 15, lg83
Page Seven
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
S~CTION I.
That the City of Oenton, Texas does support and urge the
passage of House Bill lg4 currently pending in the Texas House of
Representatives, h&vtng been heretofore previously Introduced by
Representative Brad Wright; and be it further resolved that the City
of Denton, Texas calls upon its elected representatives and senators
to support said legislation and to secure the passage thereof as
promptly as possible; and be it further resolved that the City of
Denton, Texas calls upon the Governor of the State of Texas to sign
said legislation into law upon the passage thereof.
PASSED AND APPROVED this the 15th day of February, 1983.
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Chew motion, Barton second to approve the resolution. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford
"aye", Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion
carried unanimously.
8. The Council reviewed the parking plans for Pecan Street
between Elm and Cedar.
Assistant City Manager Rick Svehla reported to the Council on the
proposed parking for the new Police Builoing. An overhead
projection showed the lot will allow more parking for the general
public. Five southern and eastern parking spaces will be for 2 hour
parking. The curb will be moved closer to the building which will
allow for a 5 foot sidewalk and 2-way in and out parking plus Z-way
exits.
g. The Council considered designation of a Deputy City
Secretary.
Hartung recommended that K&thryn Hollenback, the Administrative
Assistant in the City Manager's Office, be designated as a Deputy
City Secretary.
Riddlesperger motion, Hopkins second to designate Kathryn Hollenback
as Deputy City Secretary. Motion carried unanimously.
10. There was no official action on Executive Session items:
Legal Matters
Real Estate
Personnel
Board Appointments
156
City Council Minutes
February 1S, lg83
Page Eight
ll. New Business
The following items were requested by Council Members for future
agendas;
Council Member Alford requested the truck route ordinance be
reviewed at the March 1 meeting.
Council Member Hopkins requested the Staff begin to formulate an
economic growth policy statement leading toward goals for the next 5
to l0 years. Hopkins suggested a joint workshop between Council
members and Staff on economic development possibilities.
Council Member Stephens requested a report from the Parks and
Recreation Board.
12. The Council considered an emergency addendum to the Consent
Agenda.
Bill Angelo, Senior Administrative Assistant, reported to the
Council that the Purchase Oroer to Davis Truck and Equipment was for
a replacement for a refuse truck which had been destroyed.
Hopkins motion, Chew second to approve the purchase order. Motion
carried unanimously.
The Council then adjourned into Executive Session.
CHARLOTTE ALLEN, CITY SECRETAR~
0677C
157
CtCy of Denton City Council
March l, 1983
The Council convened into an Executive Session ac 5:30 p,m. in the
Civil Defense Room of the Municipal muildtn~ to discuss lesal
matters, real estate, personnel, and board appointments. No
official action was taken.
The Council then considered euChorizin& First Southwest Company to
proceed with advance refundin& of utility revenue bonds.
hr. Frank Medanich of First Southwest Company distributed a
preliminary report on the advanced bono refundin&. MeOanich
repotted thac the market had improved and that refinanctn& :he
oucsCandi~ electric, we:er and sewer system bones would have
several advanCe&es. The adoption of · new ordinance would eliminate
erroneous provisions which were very restrictive and &ire more
fLexibilty, Tbs combination would create security and present a
more ~arkecebLe bon~ with :he bes~ interest possible. There would
be beC:et debt service coverage for additional bonds. ~danich
stated :hac the aa~e o: $24,3~0,000 utility system revenue
Settee 19~3 would release $1,500,000 which could be used for :apl=al
imptovemen: pto~ec:a a~ would also create a $250,000 emer&ency
fund. Al1 outs:ending ~nda woulO be defensed :rearing an escrow
fund from :b~e bo~ issue. ~danich stated :he Council would need
to holda ~e:in& on ~tch 10 :o adopt =he new ordinance
issuance of the bonds
Chew ~:ion, ~at:on second Co au=hotize Fits: Southwest Company to
proceed wt:h :he advance refunding of t~e u:ill:y revenue bonds.
~:ion carried unanimously.
The Council :hen convened in:o :he Join: ~eCin& with the County
Co=iaaionete a= 7:00 p.m. in =be Council Chambers.
P~SENT: ~yot SCalar:, ~yot Pro Tam ~cephena, Council Members
Bat:o~, HOpkins, Al~otd, ~iddle~pet&e: and Chew;
~na~et, City AC:otney and City
Judge Cole, Co~isaionets Walker, 5wi:set, ~acey and
Jacobs
AeSE~T: ~one
1. The Goon:il and G~izefonera heard a preaee~a~ion by
Texan ~ical, ~ncorpora:ed tala:tn& :o :he e~le of Flow ~emorial
~ospital.
~r. Dean Davis, ~awyer for First Texas ~edical, incorporated,
reported :ha: Texan had experienced Cremen~oue growC~ and i: was
imperative to plan ~or ~u:ure health care tn the 1980's and beyond.
Fi:aC Texas Medical, [ncotpotate~ would present a proposal re&ardtn&
health care lot ~encoa County which would address the issues
fuCur~ liabilities, equipmen~ needs, and indigent care.
Dr. H. M. But&ese, autBeon, stated that Fire: Texas Medical,
IncotpotateO had served the County residents and glow Hospital by
keeptns their clinics open evenings and weekends, emtabltahing new
clinics in Denton, Lewisviiie, and Carrollton, establishin& a
neonatal uni~ a~ Flow HoapiCal as well as intermediate care uni~s in
Denton a~ Lewi~villa for men:ally retarded citizens an~ by
esCablishi~ home heal:h cate. ~r. ~urEees repotted Chat Flow
Hospi=al was a ~ year old ~acil/Cy which needed renovation.
Sursesa al~o era:ed :hat indisen: care muac be equitable to
patient and :be hospital.
Mr. ~ber: Cox, architect, presences a review of a survey done aC
Flow Memorial Hospital evaluating the ~acility by aCan~ar~a called
ou~ in :he Life Safety C~e, an~ :he Texas bepartment of Health
hospital Licenein& a:aneards. A~Cer a elide presentation, Mr. Cox
compliance with chess cooes and aa cooeN were upgraoed, more
City Council hinutes
March l, 1983
Pa~e Two
remodelin~ would be required, For $20 million a new facilty could
be constructed that would be energy efficient and would utilize the
~atest equipmen~ and techniques. Mr, Cox recommended that a more
stalled analysis be conductec by the Texas Department of Health.
Darrell Lummus, President of First Texas Medical, Incorporated,
~resenteo booklet outlining a lease proposal to the City and
ounty. T~e proposal included buying tbs assets and paying the
County bond payment. Proposed was an immediate infusion of workins
capital for new equipment to be used at the existing facility for 5
years while a new hospital was bein~ constructeo.~r, Lummus seated
that hospital charges would remain competitive and presented a
comparison of cha£ges tot Lewisville Memorial Hospital and area
facilities. Lummus statec [he City and County could continue with
the system a~ it now exists or coulo lease the facility to First
Texas Medica£, Incorporated. The three proposals included in the
yropoaal were an exchange agreement, a lease agreement, and an
ndigent care agreement.
Council Member Eiddlesperser asked ~r. Cox if any hospital in Dallas
was in compliance with the Texas Health Department codes.
Mr. Cox replied that he did not know.
Eiddlesperger asked il the cost to patients would be reduced it the
City did not tax.
Mr. Lummus stated this cid not show co be true.
Eiddlesperger asked who paid for indigent ca~e.
Mr. Lummus replied that traditionally the County baa paid.
Council Member Chew asked who decided which persona qualified tot
indiseot care.
Dr. ~ur~ess answered that this was a very sensitive area.
Guidelines exist in the social service area, such as Medicare.
Council Nember Stephens asked who selected the mashers of the
citizens advisory board ~or Flow Bospital and whet would be the
criteria ~or selection.
Mr. Lummus answered that the exisCing board would be used and the
criteria tot selection would be developed over the next 5 years.
Commissioner Switzer stated that one of the ma~or ceasona he sou6ht
election to the County Commissioners Court 12 years ago was Flow
Hospital. Switzer also stereo there was merit in the proposal and
would like to receive a report from the ~ospital ~oard. ~ince the
citizens hao voted on the bonos, Mr. ~witzer stated ~e felt the
citizens should vote on the sale.
Co~nmissioner Jacobs asked how First Texas Hedical, Incorporated
would ~eel about competition for the sale.
~r. Davis responded that First Texas Medical, Incorporated was very
competitive in the health care field.
Co~aissioner Jacobs stated that the citizens of the County
understand ~low and that if the sale of the facility went to a vote,
it would be the responsibility of First Texas ~tedical, Incorporated
to sell the idea to ~ne people.
Jud~a Cole stated that time would ~e required for consideration of
the proposal eno that the Commissioners ware bouno by law to vote in
open Court eno co tollow state statutes for publication of notices.
159
City Council Minutes
March 1, 1983
Page Three
Chew motion, ~arton second that the City Council turn down the
~roposal. ~arton "aye", Hopkin~ "aye", Stephens "aye", Alford
aye", ~iddleaperger "aye", ~hew "aye", Mayor "nay". ~otion carried
Co~z~issioner Bate~ motion for the County to not consider the
proposal, Motion 5ied for lack of a second.
Commissioner Walker stated it was unfair to not hear the proposal.
Commissioner Switzer motion, Walker second that the Co,missioners
Court raassesa the proposal until the next meeting. ~iotion carried
unanimously.
The Council then convened into the regular meeting at 8:30 p.m. in
the Council Chambers.
1. The Council conaiaered approval of the Minutes of the
Regular Meetin~ of February ~5, 198~.
~ia~leapsr~er mo~ion, Chew second ~o approval ~he Minu~es as
presented. ~ion carried unanimously. (Stephens was absen: for
2. Gonaen~ A~enda
Hopkins ~:ion, Chew second ~o approve ~he Consen~ A~enda. ~tion
carried unanimously. (Stephens was absen~ for ~his vote.)
Consent A~enda:
A. SiCs aha Purchase Orders:
1. Bid i 9092 - ~e ~erminal units
2. ~id t 9111 - ~enovation of temperature control
system and aid t 9116 - Real time load proEra~er
3. ~id ~ 9112 - Pickups, trucks and sedans
4. ~id ~ 9113 - Office furniture
5.~iO ~ 911~ - Janitorial service
Bid ~ 9118 - Rela~
7.~iO ~ 9120 = Sale o~ surplus G~ trausto~mer
8.Bid ~ 9121 - Re-~oo[ Civic Center ~uilding
b. Cban~e
1. Conside~ Change O~det ~1 of Contract
~ickoty G~eek Li~t Station ~o~ ReO River
Construction Company. (The Public Utility Board
~eco~en~s approval.)
C. Plata and Replats:
1. Approval o~ the ~inal plat o~ the W. Lamont ~rown
AdOition. (The Planni~ and Zoning Co~ission
teco~euda approval.)
2. Approval of the final teplat o[ lots 1-4A, block
14, Carroll Park Adair ion. (The Planning and
Zoning Co~ission recomenda approval.)
160
City Gouncil
Match 1, 1983
Page Four
3. approval of the final replat of :he Oaks
Addition. (The Plannin~ and Zoning Commission
recommends approval.)
4. Approval of the final replat of the $outhmont
Place Addition. (The Planning and Zonin~
Commission recommends approval.)
5. Approval of the final replat of tbs Teasley FLall
Addition. (The Planning and Zoni~
recommends approval.)
A Proclamation for ~utri:ion Month wes received by ~s. Mary Ttufeldt
for the Denton Die:eric Association.
A Proclamation :or Professional Social Workers Month was presented
to Ms. Donna Whitemore,
A Proclamation for Handicap Awareness Week was presented to Mr, Tony
Hodgel.
3. The Council received a report from the Denton Committee on
~mployment og the Haneicappee.
Mr. Tony ~odges reported ~hat tbs committee ~as stat:ed in
Since that time. ~he City has designa~ed handicapped parking
and the Court House on the Square had been mede more ac:ese
through ~be use of ramps, bo~lin& leagues for handicapped persons
had been established and an annual a~ards luncheon held bonorin~
handicapped person and employer of the year.
The Council then considered a review an~ cbanses to the
~ruck route ordinance.
The followi~g ordinance ~as presente~:
A~ U~D~A~C~ AME~D:~G $~CT~O~ 2~-67 OF CHAF:~g ~ OF THE
Dg~T~G ~D$OR ~R~V~ FROM ~ON~ ~RAE TO ~AST ~HO
Hopkins motion. Stewart second to rescind tbs old ordinance and have
a ne~ ordinance ~ritten removing ~indsor Drive from the truck
and establishing a ne~ truck route. Un roll call vo~e ~arton "aye",
~opkins "aye". Stephens "aye", Alfotd "aye", Kiddlesperger
C~aw "aye", and Mayor "aye". Motion carried unanimously.
Ms. Annette Crowley stated she was pleased that ~in~sor Drive had
been removed from the truck route, but was also concerned about ~ell
Avenue by Strickland dunior High.
Council Member Hopkins eta:ed that the truck touts ordinance had
been considered in an e~iort to keep large trucks out of residential
areas.
Council t~ember Riddlesperger stated that the Council had not had'
rime to read the original truck route ordinance properly,
Council Member ~tephens stated the in:ant of the ordinance was
prevent the use of streets by large vehicles for parking and for
taking short cuts.
4. Public Hearings
A. The Council considered the petition of Paul
$chueler requesting a change in moning from multi-family (MF-1)
the planned development (Po) classification for a neighborhood
161
~ity Council ~inutes
March 1, 1983
Page Five
service usa on an apptoxim-~ely 0.300 acta parcel located on the
north side of Londonderry Lane, beginning adjacent and west oi the
Toddler Town Day Nursery. If approved, the planned development (PD)
would permit the construction of a laundromat/dry cleaners. (The
Planning and Zoning Cou~isston recommends approval.)
The Mayor opened the Public Reariu&.
Mr. Paul Schueler s=ated he would be available £or questions.
NO one spoke in opposition.
The Mayor closed the Public Bearing.
David Ellison o~ the Planning and Community Development Staff
reported that this change in zoning met ell the criteria and would
meet a need in the area.
The Council considere~ adoption of ordinance chan~ing the
zonin& fromm multi-family (M/r-l) to the planned development (PD)
classificat~on.
The followin~ ordinance was presen~e~:
83-23
AN ORDIN~ ~NDING T~ ZONING ~P OF T~ CITY OF DENTON,
~, AS S~ WAS ADOPTED AS ~ APPENOIX TO T~ COu~ OF
O~INAN~S OF T~ CiTY OF DSNTON, ~AS, bY ORDIN~CE
69-1, ~D ~ SAID ~P APPLIES TO APPKUII~TgLY 0.330
OF ~D OUT OF T~ T~ASLEY ~hL SUDDIVISION, AS SHOWN
P~T ~CO~E~ IN VOLU~ 14, PAGE 42 OF 'f~ P~T ~CORDS,
D~ON ~UNTY, ~S; ~D MORE PARTICU~RLY DESCRIBED
~IN; ~D D~GL~ING ~ ~F~C'rIVE OATg.
Chew motion, b:ephene aecom~ :o adop~ the ordinance. Om ~oll call
vote ~at~on "aye", Hopkins "aye", 5:ephens "aye", Al:ord "aye",
Riddlespetget "aye", Che~ "aye'~ an~ ~yor "aye". Motion carried
unanimouely.
B. The Coumcil the petition of Jack Bell, Jr. requesting
a change in zoning ft~ l~&ht in~uatttal (LI) to ~he planned
development (PO) classification on an approximately 0.85 acre parcel
located along :he wee: side of FM 1830 (Country Club Road) beginning
approxi~tely 350 feet south of :he in:erect:ion of ~ 1830 and
Hobeom Lane. If apptove~, the planned development ~PO) would permi~
~he comattuction of fourteen (14) sin&le family attached (towmhouse)
a~ruc:utes. (The ~iammt~ an~ Zoni~ Co~iseion teco~ends
approval.)
The ~yot opened the Public
Mt. Dewey Fields, :epreaem:~ Jack ~eli, ~r., apoke in iavor of the
No one ~poke in
The ~yor cloae~ the Public
gllison of the City $~aft stated this represented a case ot ~own
The Council conai~ered adoption of an or~inamce cha~ing
the zom~ ~t~ li&h: in, us:rial LLI; to the plamne~ developmen~
(PD) classification.
162
City Council Minutes
March 1, 1983
Pa~e Six
The following ordinance was presented:
83-24
AN ORDINA.NCE A~NDING T~ ZONING ~P OF T~ CITY OF DENTOn,
TE~S, Ab S~ WAS ADOreD AS A~ APPENDIX TO T~ CODE OF
O~IN~CgS OF T~ CITY OF DE,TUB, ~S, ~Y OgDINANCE NO.
~9-1, AND AS SAID ~P APPLIgS TO APP~OXI~TELY 0.902 AC~~
OF ~D OUT OF T~ B.B.~. & C.R.K. SURVEY, AMST~ ~O.
196, CITY OF DENTOn, COUNTY OF DE~TO~, TEXA3; A~D MO~
PARTICULARLY DESCRIBED ~IN; AND DECkinG ~
DATE.
~--~ .... tion Stenhen~ 8~cond ~o aaopt the o~dimance. On ~o~1
caf1 vote ~a~t~ ~,ye , Mop~,in~,, aye , Mtephe~ ~e , Alfotd aye ,
gid~lespet~r aye , Chew aye , mhd ~yor aye . Motion ca, tied
C. The Cooucil considered the p~i~ion of Joe
requesting a cban~e in zoni~ f~ ~iu~le family (MF-7) ~o the
planned developmem~ (PD) cla~ification fo~ m~lti-family o~e on
app[oximagely 12,000 square foot lo~ located a~ ~411
Street. If approved, ~he planned developmeug (PD) wo~ld pe=mit
developmen~ of four (4) two bed:o~ molgi-ta~iiy uni~. (The
Planntn~ and Zoning Co~ission reco~end~ approval.)
The Mayor opened the P~blic Heari~.
~o one spoke in faro: of ~he
No one spoke in opposition ~o the pmtition.
Th~ Mayo~ clossd the Public Hearing.
The Council considered adop~iou of an otdinamce
the zoning f~om single family (SF-7) to the planned developm~n~
clas~ificacion.
The followin& ordinance was presented: 8~-25
A~ O~I~CE ~DI~G T~ ZOninG ~P OF T~ CIT~ OF
%g~S, AS ~ WAS ADOPTED AS AN APPg~DIX TO T~ CODE
O~IN~Cg~ OF T~ CITY OF DENTON, TE~S, BY O~IN~GE NO,
69-1, AND AM SAID ~P A~PLIEM TO ~ APPRO~I~TgLY 12,000
SQU~ FOOT LOT ~CAT~D AT 1~11 ~gRN~ ST~ET, CITY OF
DgNTON, COUNTY OF DgNTO~, TgXAM; ~D MO~ PAKTI
DESCRIBED ~IN; ~O DEC.RING AN EFFg~I~ DAT~.
~opkins mo~ion, Alford secona ~o scope =he ordinance. On ;oll call
"aye", , AlfOtd ,
vote Barton Hopkin~ "aye", Stephens "aye" "aye"
Riddlemper~e~ "aye", Chew "aye", and ~yo~ "aye". ~ion
unanimously.
5. A. The Council conmider~d ~he p~liminm:y pla~ of
Sandy Hill Addition (Mobilm Home ~ubdivisiou), (The Planning
Zoning Co~i{mion reco~endm denial.)
Bllison repor~sd ~ha~ if ~his subdivision wam approved, af~mr
annexation was completed ~he sub~ivimion would not ~et minimum
sizes or City specifications for
Gmorgs Hopkins, a:~ornmy rmprmsentin~ M~. Grif~is, mta~ed his
was willing ~o increase ~ha lot sizes and rmcmive City watmr and
~ewer services. Enough time was not available to ~eek a PD
c~asstfication.
163
City Couucil ~inu~es
March 1, 1983
Page Seven
Council ~mber Al£ord asked if ~r. Hopkins was representing Mr.
Oriffia and the owners of the mobile home park on 380.
Mr. Hopkins stated he did represent both and that the two clienCs
felt that if they worked together it would reduce the coat of
extendiu8 City water and sewer services to this area.
£llison of tbs Staf~ reported that if the mobile home park were a
traditional park on i lot, Mr. Grif[is was not in iavor
compliance wi~h the current City standards of recreation areas and
storage areas.
Council Member Hopkins asked if the development were far enoush
alon~ that if the item were tabled coulO the Ste~f woula work out
the problems.
~lliaon replied no.
COuncil Member Stephens stated this item should be referrea back to
the Staff or Plannin8 and Zoning Commission.
Council Member Hopkins stated that ~. Griffis needed to work with
the Staff but this shoul~ not 6o back Co
Hopkins,, ,, ~tion, Alto~d macon0 co cable. ~arcon "nay", Hopkins
aye , Stephens "aye". Alfor~ "aye", EidOlesper~er "aye", Chew
"nay", and Stewart "nay". ~tion carried 4 to 3.
~. The Council considereO approval of the prelimina~y
plat of tbs Sandy Hill A~dition (One lot Su~ivision). (The
Planniu~ and Zoni~ Co~ismiou reco~enos approval.)
Ellison of the SCaf[ repo=te0 Chat this plat would subdivide into
one loc and ~evelop into a traditional mobile home park outside of
the City limits.
Kid~lesperger motion, Barton second to approve the plat. Motion
carried unanimously.
6. Ordinances
A. The Council considered adoption of an ordinance
inatituti~ annexation proceedings on a 456 acre tract of land
located along the east side of FM 2181 (Teasley Lane) and the north
of Eobinsom Koad.
Charlie Watkine, ~enior Planner, reported this was the first reading
of the oroinance.
The following ordinance was pre~ented:
83-
AN O~[N~CE ~NEXI~G A T~ OF ~ND ~TIGUOUS
~JACENT TO T~ CITY OF OE~TON, TEXAS; 5glNG ALL T~T LOT,
T~CT OR PAECEL OF ~D ~SISTING OF APPROXI~TELY 456
A~S OF ~D hYInG ~b ~glNG SITUATEO IN T~ COUNTY OF
DE~TON, STATE OF ~8 ~b BEING PART OF T~ j. FIS~R
SURLY, A~T~CT NO. 421, ~. LEWIS SURVEY, A~ST~CT NO.
769, M.E.P. & P.R.R. SURVEY, ABST~CT NO. 950, g. PICKETT
SURLY, AB5T~CT NO. 1018, A~D T~ b. ~RIE SURVEY,
~ST~ NO. ~43, DENTON COUNTY, TE~S; C~SSIFYING T~
~ AS AGRICULTU~L "A" OIST~ICT PROPERTY; AMD O~CLARING
A~ EF~CTI~ DATE.
Hopkins motion, Chew seconO to adopt the ordinance. On roll call
vote ~arton "aye", Ho~kin~, "~e", Stephens "aye" Alford "aye",
Riddleaperger "aye" Chew aye , and ~yor "aye .
, Motion carried
unanimously.
164
City Council Minutes
March l. 1983
Page Eight
Resolutions
A. This item was removed and will be placed on the March
15, 1983 agenda.
B. The Council considered a resolution authorizing the
Mayor to execute a railroad wireline license with :he Missouri
Pacific Railroad on behalf of the City of Den:on.
The following resolution was presented:
RESOLUTION
BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF DEI~TO~, TEXAS:
The Mayor is hereby authorized and directed to execute on
behalf of the City of Den:on, Texas, a Wireline License Agreement
dated February i6, 1983, be:ween the City of Denton and the Missouri
Pacific Railroad Company, relating :o the construe:ion and
maintenance of one aerial 13.2KV power line at Mile Post 205.85,
Engineer's Chainage, Station 1086B+78, Denton County, Texas.
PASSED AND APPROVED :his :he ls: day of Match, 1983.
KIGPIA~D O, .~TEW~T, MAYOR
CITY OF DEiVTON, TEXAS
ATTEST:
GBARLUTTE ALLEN, CITY SECRETAI~Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FoIOl:
C.J. TAYLOR, JR., CITY ATTORREY
CITY OF DENTON, TEXAS
Chew motion, btephens second that the r~solution be passed. On roll
call vo:~ ~arton "aye", Hopkins "aye", $:ephens "a~e", Alford "aye",
~iddlesperger "aye", Chew "aye", and Pmyor "aye'. Motion carried
unanimously.
8. The Council considere~ a Change Order with Freese and
~ichols, Inc., Zor engineering tot the Hickory Greek Lii: Station,
EPA Projec: C-48-118~-13. (The Public Utility Board recommends
approval.)
Barton motion, Chew second to approve the change order. Motion
carried unanimously.
9. The Council considereO Dp:ton agreement :o sell ~iesel
engines. (The Public Utility board recommen~ approval.)
Ridolesperger motion, Chew second to approve the agreement. Motion
carried unanimoualy.
10. The Council considered an engineering services contract
with freese end Nichols Inc., for :he evaluation of location and
preparation of plans, specifications and bidding documents for e
back up high service pumping unit and associated piping at the Wa:er
Treatment Plant. (The Public Utility Board recommends approval.)
Bob Nelson, Director of Utilities, reported that the Capital
Improvement Plan included a high service pumping unit.
City Council ~inutes 165
~e~ch l~ 1983
Pa~e Nine
Council Member Hopkins asked if this was the pump which had needed
re~airs~
Nelson replied it was not but was a weii pump on North Locust.
Chew motion, Alford second to approve the contract. Motion carried
unanimously.
ii. The Council considered abandonment of an easement in the
~es_Dougherty Adcltion, Golden Triangle Develo~m~n~
~lne rublfc Utility ~oa~d ~aco~men~a app~oval.~---~ .... Corporation.
Hopkins motion, Alford second to approve the abandonment. Motion
caz¢ted unanimously.
12. ~be Council considered approval o~ a coat,acc with
Alexande~ Grant to conduct the audit o£ ~he Fireman's Eelie~' and
~etirement Fund.
Stephens motion, Chew second to appzove the conCzact. Motion
ca,tied unanimously.
establiehin~ m policy p~ohibiCin~
13.
Council
coawide~ed
amokin~ at public meetin~ o~ ali City Council, ~oa~ds and
Co~i~sions ~etin~m ~n the Council Chambers,
City ~na~er Hartu~ repo~ted the ~tai~ bad received complaints
about smokins in the Council Chambers. The air handler $~stem did
not allo~ [or tbs desisnattoa o~ no smokins areas.
Ridaleaperse~ motion to approve Cbs policy probibitins smoking.
~otion die~ [o~ lack o[ a second.
2opkins motion, Riddlesper~er second to allow boards and co~issions
,,.,.,,,°' ,,
~yor "a~et'. ~tion pe y,
ca,tied 6 ~o 1,
14. Tbs Council considered joint pole use a~ree~nt between the
City o[ Denton a~ north Texas ~tate University. (Public Utilities
~oa~d reco~ends approval.)
Sob Nelson ~eported that thin a~reement ~ould be co~unication
cables to be ~ua between buildi~ on campus. The asreement ~ould be
~o~ 14 poles at a cost o~ $5.00 pe~ year per ~ole.
Eidolesper~er ~tioa, Chew second to approve the a~eement.
carried unanimously.
15. Tbs Council considered Cbs ~equest ~o hang banners across
public streets on tbs emerSency
Mayor Stewart repo~ted that ~i~ Brothers and Bi~ Sisters woulo be
havin~ a [und ~aisin~ bar-be-qua and had requested an advertisement
alsn 5e bansed across a public street near Cbs square.
Che~ motion, Stephens second to permit the banne~. ~otion carried
unanimously.
1~. There ~as no o~ficial action on Executive Session items
lesal matters, ~eal estate, personnel, or board appointments.
17. ~o ne~ items o[ businaess ~ere su~sested.
The Council reconvened
into Sxecutive Session ~t 9:52 ~.m.
0716C
168
CITY COUNCIL MINUTES
March 10, 1983
Joint Meeting of the City of Denton City Council and the City of
Denton Public Utiltzy ~oard on Thursday. ~Larch 10, 1983, at 2:00
p.m. in the Civil Defense koom of the Municipal Building.
COUNCIL
PRESENT: ~ayor ~tewart, t~ayor Pro Tem Stephens, Council Members
Barton, Hopkins, Alford, an~ Riddlesperger; City
~tanager, City Attorney and City Secretary
~S~T: Council M~ber Chew due Co business
PUB
P~ES~T: Board ~mber ~:tin&, Ctyan, Laney, Coomes and
Loveless; Utility Ditec:or
1. The Council and Public Utility Board considered an
ordinance authotizins :he issuance of utili:y syet~ revenue
refunding bonds, series 1983, a resolution direc~/n& the tedemption
of cst:sin Ci:y of Denton wa:er and sewer and electric system
revenue bonds, and a resolution au:horizin& an escrow a~te~en:.
Oi:y ~na&er Chris ~tCung aca:ed :hat this was a ptogr~ ~ha: the
City S:aff has been considerin~ and since :he ~rket was now stable,
it was an excellent time :o refund bonds.
Mt. Frank ~anich, Firs: SouChwes: Company, repotted ~o the Council
and V~ on :he refundtn~ ptoceautes. ~dauich outlined the
schedules ici de:easing :he old utility bonds through refunding end
a:a:ed chat in :he judgement oi Fi:ac Southwest Company, this ~ould
be ~neficial ~o :he City, The refunding ~ould deleaae a11 costs
aCeD:ia:ed with ~he issuance, ~ouLd male a mote aa~eabLe bond, and
~ould &ire :he C/:y i~e~/a:e cash f1~
Fi:at ~ou:h~esC Company and ~he Ct:y t:afi :eco~ended approval
the ordinance.
The following ocdtnance ~a~ pceeenCed:
~o. 83-26
AUTHORIZING THE ISSU~CE OF CITY OF DENTON, TE~ UTILITY
SYST~NUE ~FUNDIND BO~DS, 8~IES 1983
Coomes motion, C~yan aecond :o teco~end Chat :he Council approve
:he ordinance and both resolutions authorizing :he issuance
utility system :evenue refunding ~nds, series 1983, the :edempt/on
oi certain wa:et and sewer and electric system revenue bo~de, and
authot/zi~B an escrow agreement. ~tion ca:tied unanimously.
Riddleepet&et motion, ~opki~a second to adopt the ordinance.
toll call vote Barton "aye", Hopkins "aye", 3tephens "aye",
"aye", Riddzeapet&et "aye" aha ~yot "aye". ~tio~ ca:tied
unanimously.
The Council considered a resolution directing the ted~ptio~
certain City o~ Denton wa:et and sewer and electric ayste~ revenue
bonds.
The following resolution ~as presented:
RESOLUTIO~
~OLUTION DIRECTING THE RED~TIOB OF G~TAIN
CITY OF
ELEC~IC Sg~T~ ~V~UE ~EFUBDIBG ~O~DS,
SiriUS lg78
WH~, the City oi Denton, Texas, has outstanding the
City of Denton, Texas, Electric ~ystem keve~ue ~fu~din&,
167
City Council/PUB ~inuCel
Meeting of l~rch 10, 1983
Page T~O
Series 1978, Gated July l, 1978, a&ire&acing $19,255,000 in
principal amounc (the "Serial 1978 Bonds"); and
WItF~EA~, of said Series 1978 Bonds, bonds Numbers 2051
through 3850 in the principal amount of $9,000,000 and maturing on
December l, 2007, Less Cban ~he "Tendered ~onda' described below
:he elite&aCe ~tt~cipal ~uat o~ ~2,000,000 are aub~ec: :o optional
and maatato:y tea~ptioa ia cbs ~unta and on the daces eec ~ottb
in ~ec:ion 6 of tbs Ordinance au:hotizin& the issuance oi the Series
~978 ~oads, aC a price of pat and accrued inca:est :o the dace
ted~pCioa; and
~, cbs City has made accan&~ente Co purchase
~2,000,000 in princip~l ~unt oi the ~eti~a ~978 ~onde ma:utini on
uec~bet L, 2007 (the 'Tendered Sonde") on ~tch 29, ~983; and -
~S, :he Ordinance autbo:izini said Bon~a provides
aC l~ae: Chit:y (30) days prior co the da6e on ~hicb said ~onde are
indeed, ~otice of ~ad~ption (specifying the serial numbers
be
and the ~unC oi Bonds :o be redeemed) shall be published once In a
financial publication published in The City of ~ Yor~, Ne~
York;
and
~, concurrently herewith :be Ci:y Council has
authorized the execution and delivery of C~e U:ili:y System Special
~acro~ Fund ~te~uC ~o~ the City, :he Texas ~erican aan~/Fort
~otch, ~.A., Fort ~otth, Texas, as gscro~ ~enc, and In~etgits:
Dallas, H.A., Dallas, Texas pucluanc co which :he Escco~ ~ent
hold momiee amd tnveaC~ata provided b~e ~: CAcy tn an amoun~
ouificienC Co pay the pcincipaI of said c 1978 tonds specified
in the secon~ recital hereof, on Cbs respective redemption dates and
Co pay :he principal oi ot~et outstanding Bonds o~ said City
Cheil respective ma:utity dates ot ~ace of purchase by the City and
Co pay interest on all of said outs:ending Bonds co the respective
re~ption, main:iCy ot purchase daces;
M~ ~FO~, ~E IT ~SOLVED BY THE CITY COUNCIL OF
CITY OF D~TO~, TE~:
Sec:ion l. ~ac :he City Council hereby ~irec~s
~4,025,000 oi the Series 1978 ~onds ~cutin& on December 1, 2007 be
called for . ted~pCion i~ ~e ~ounCa and on the respective
ted~pCion sates eec /otC~ Exhibit "A" attached here:o, aC a
redemption price equal Co the principal ~ounc thereof plus interest
accrued Co :he date o~ ted~gCion.
Sectioa 2. ~aC Cbs City Council on behalf of the City
hereby exercises i )itoh &canted in Section 6 o~ the ordinance
auCho:izi~ ~he Se~ei°~L978 ~mds Co call For teCempCton on December
1, 2002, ~2,~0,~00 in principal ~unc o~ said Series 1978 ~onda in
addi:ion co cna 1300,000 in principal ~ounC Cheteo~ requited Co be
redeemed pursuant co
exercises icl Dp:ion ~e ~ndacocy ced~pCion p~ovisioni and further
reduce :he principal amount o~ Series 1978
~onds co be redeemed pursuant co cbs man%scoty ced~ption provisions
Cheteo~ on the respective ~ndacoty te~p:ion dates in the yeats
2003 throulh 2006 Co Cbs ~oun:a ehovn on Exhibit "A" by virtue
the exercise of the ~pCional ced~pCion o~ cbs ~2,110,000 in
principal ~ounC o~ Cbs ~ecies 1978 ~on~s on Dec~be: 1, 2002.
Section 3. ThaC the Director of Finance is hereby
auChotiz~ and dicer:ed Co issue a ~oC}ce of ~d~pCion of said
~onde called toc redemption ~utauant co Section 1 co Texas ~ecican
~ank/gorC ~ocCh, ~.A., Fort ~ocCh, Texas and co First ~Cace ~an~
Denton, Denton, Texas, the places o~ pa~enC og said ~onds, ~hich
notice ia :o be mailed DC delivered aD aa co be received by said
banks no later than ~cch 29, ~98~, and Co have such no,ice
publiahe~ once, pcio~ Co ~tch 29, 1983, in a ~inancial publication
publishe~ in The Ci:y of ~ev go:k, Ne~
City Council/PUB Minutes
Maetin~ of March 10, 1983
Pa&e Three
Section 4. That such Series 1978 Bonds to be redeemed
shall be presented for redemption in accordance with said notice at
a bank of payment and shell not bear interest after the date
provided for their respective redemption.
Section 5. That the 8otice of Redemption to be issued and
published by the Director of Finance shall be substantially in the
form attached hereto as Exhibit "B"o The Director of Finance shall
insure that the provisions of the ordinance authorizin& the Series
1978 Bonds is complied with and that the paying agent selects the
numbers of the Series 1978 Bonds to be called on each redemption
date for inclusion in the Notice of Kedemption.
Barton motion, Hopkins second that the resolution be passed, On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye"', Alford
"aye", ~iddlesperger "aye" and l~yor "aye". l~otion carried
unanimously.
The Council then considered adoption of a resolution authorizing an
eiccoM sgreement.
The roll. in& resolution wai pceaented~
~ E S O L U T I O N
~SOL~TION AU~IZING ~ ES~0W AGRE~T
~NG T~ CITY OF D~TON,
TE~S ~IG~ B~K/FOKT WORTH, N.A.,
FO~T WORTH, TE~,
INTE~FI~T B~Z DAL~, ~.A., DAL~,
has outstanding revenue o%li~ations Exhibit "~" aCtache~
hereto (the "~efunded Bonds"); and
WH~, the City ~uncil has concuzreocly herewith
autho~ized the issuance and sale of ira City of Denton, Tmxa~
Utility System ~venue ~fundin~ Bonds, ~ezies 1~83 (the "Kefundin~
BonOs") pursuant to an o~dinance adopted ~rch ~0, 1983 (tnt
"Kefundin~ ~ond O~dinance") for the purpose of refunding .the
~efunded Bon~m pursuant to Article 717k, V.A.C.S., ms ~n~ed;
W~S, it i$ the desire of the City and the City
authorized by said Article 7~7k, V.A.C.$., am ~ended, to place part
of the p~oceed$ fr~ the sale of ~uch ~fundin~ ~ondm, to~ethe~ with
o~hm~ fund~ lawfully available therefor, in e$c~ow to be held and
applied to the pa~ent of the ~funded Bonds; and
~BR~, it i$ specifically found and determined by the
City that the refundi~ of the said ~funded Bonds by the issuance
of ~funding Bonds will result in the acc~plish~nt of the purposes
of the refundin~ a~ set forth in Section 32 of the ~funding Bond
Ordinance; and
~R~, the ~funding Bond OrdlDance provides that the
Gi:y ~ill concurrentl~ with the delivery o~ the ~efunding Bonds
the purchasers thereof deposit part of the p~oceeds fr~ the sale of
the ~efun~i~ Bonds into a special escrow fund to be held
accordance with a special emcr~ fund a~re~ent; and
WH~, $2,500,000 of the proceed~ of the Ci~'~ Electric
Syst~ ~evenue ~funding Bond~, Series 19;8 (the Series ~978
Bonds"), constituting one series of the ~funded Bond~, was used
purchase an equal principa~ ~ount of interest bearin~ ~ieed
Treasury Obligationm State and Local ~vermnt Series ("SL~")
which were credited ~ the reserve fund an~ the coutin~ency fund~
for the Series 1978 Bonds, and the City ham on deposit in the
169
City Council/PUB Minutes
Meeting of Hatch 10, 1983
Page Four
interest and sinking funds for the Kefunded ~onds and in the reserve
fund for tbs Water and Sewer System gefunded Bonds the amoun: of
$1,665,000, a~d upon the issuance of the Refunding Bonds and the
discharging o! the Liens securing the Refunded bones said interest
and sinkin& funds, reserve funds, and continiency fund will no
longer be required to secure the Refunded Bonds, and 'the $2,500,000
of $LgS plus $765,000 out of the $1,665,000 are to be credited,
concurrently with the delivery of the Refundt Bonds, to said
special escrow fund, with the balance cbereof n~n the amount of
$900,000 being deposited in the Reserve Fund established for the
benefit of tbs Refunding Bonds in the Refunding Bond Ordinance; and
b3L~, the City's obligation to Texas American Bani/Fort
Worth under that certain Series 1978 Retirement Trust Agreement,
dated March 30, 1978 tsla:in~ co the invested sinking fund
established for the benefit of the Series 1978 Bonds is Co be
discharged concurrently with the delivery of the Re:unding bonds and
the net proceeds from the sale of the securities therein, being
$3,664,&56.35 are co be made available Co the GiCy, with
$1,913,792.77 of such amount co be deposited in the special escrow
fund; and
WI'I.~EA$, iC is the desire of the City co provide for the
special escro~ fund &~rsemenc required by ~he Re~undtn~ Bond
O:di~ance~ and
I~EAS, it is desirable chaC the special escrow fund
agreement provide for the investment of monies so escrowed in ~irect
oblige:ions of the United States of America, which must have
interest pa~able and maturities of.principal aC times Co insure the
existence of monies, together with other fundslawfully available
therefor, sufficient Co pay the principal or redemption price of,
and in:erase on Cbs Refunded Bonds as the same shall come due in
accordance with their terms; and
~flLEIL~, :he City has ~ade arrangements Co purchase such
direct obligations o~ the United SCats of America; and
I~, Co accomplish the tefundins of the Refunded Bonds,
$LG$ in the principal amount of $20,953,000, in addition Co the
$2,500,000 of 8LG$ described above and cash in :he amount of
$4,276.132.77 are required Co be credited Co the special escrow
fund, and subscriptions for cbs purchase of said $LC~5 have been
prepared and delivered to the Federal Rase:ye ~ank of Dallas
requesting that book-entry accounts be established for the Texas
American bank/Fort Worth, ~.A., Fort ~orCh. Texas as escrow agent
{the "EsCrOW Agent"); and
WI~REAS, in addition co the subscriptions for :he $LGS co
be deposited in the special escrow fund, $1,886,600 ouc of the
p~oceeds of the Refunding Bonds is :o be credited co the Reserve
~und for the ~fundin8 Bonds, held initially by the Escrow Agent,
and such amount musCbs invested in $L~8 and subscriptions for the
purchase o~ said SICS have been prepared and delSverad Co the
Federal Reserve Bani of Dallas requesting chat book-entry accounts
be established for the City with the Escrow Agent; and
I~, ~oldman, Sachs & Co., and Dillon, Read & Co. Inc.,
on behalf of :he City have entered into escrow agreements with :he
owners of certain Refunded Bonds ag&refaCing $2,000,000 in principal
amount pursuant to which the City may purchase said tendered bonds
at the price of $1,597,3~0 with monies in the special escrow fund;
and
~IiF~, Article 717k, V.A.C.$., as amended, provides ChaC
when the initial deposit of securities land any uninvested money) is
made with the Escrow AienC in Cbs amount sufficient to pay the
170
Meeting of Merch 10, 1983
Page Five
p~inclpal of and InCe~est on I~funded Bonds aC macurlCy
redempclon, such deposlC shall consCltute the meklng of firm banking
end financial arrangements fo~ the dlscha~ge and final ~ayment
~edemp~ion of the Rsfund~i Bonds, and i~ is hereby zound
although such Refunded Bonds shell continue ~o be obligaClons of
~i~y, eucomatlcally uhey shall becom~ ohllga~ions of uh~ C{~y
s~co~sd so~y by and payable so~e~y f~om suoh d~po~ and ~h~
pzocesds ~ber~; and upon ~he ~kSn~ o~ such d~pos$~, ~be
and p~edge of ~eveuu~s securing ~be paymen~ of a~ ~fu~ded Bonds
sha~ au~c~y ~e~m~na~s and ~e d$scbazg~d and saSd
e~c~b~auces sha~ be o~ no fu~b~ force o~ effect, and
saSd Refunded Bonds ~$~ ~$~ ou~s~audSng, ~hsy sba~ be
as b~$ng ou~s~and$~g only ~o~ ~hs purpose of ~sc~v~ng ~he funds
p~ovSdedby ~he C$~y fo~ ~be~ pa~n~ o~ ~sdemp~$ou~ and
~, ~ Esczo~ ~en~ possesses and ~s sx~c$s$ng
~us~ po~s~s a~d Ss o~e~s~ qualified and sm~s~ed ~o eu~e~ ~n~o
WH~, ~ldma~, ~achs ~ ~o., on b~ha~i
Underwriters and the City have p~epa~ad certain schedules (a)
celacin~ Co the sufficiency of Cbs monies Co be deposited with the
Eacc~ ~enC co dischac~e Cbc City's obll~acions with ~especc Co the
~efunded ~onda and (b) with cespec: Co compliance b~ the City ~iCh
Cbe p:ovisioua of the Internal ~venua Code of 19~4, as amended,
celaCin~ co, "a~bic~a~e bonos"; and
accuracy of such schedules ~epa~ed by ~ldman, ~acha & Co. and
issue a ~epocC (~he "Xepo~") setting focCh ~uch verification; amd
W~S, it ia the Oesi~e o[ ~be City Co append the
Co the bezein auCho~ized Eac~ow A$~eemenC uhen the ~po~C
finali~ed and ~o utilize the schedules contained in the Repoc~
Cbs schedules provideO fo~ in
NOW TH~EFOXE, ~E IT RESOLVED BY T~ CIT~ COUNCIL O~ THE
CITY OF D~N, TE~S:
1. ~aC ~be ~yo~ and the City Sec~eCary of ~he City
Denton aze hereby auCho~ized and directed co execute and del~ve~
behal~ of the City Council of ~he C~Cy of Denton, Texas, the City
Denton, Texas Utility SyaC~ Special Eac~ ~und ~eemenC (the
"~eemenc") govecning the uae o~ the ~nies an~ eecu~ities o~O be
depoai~ed o~ c~edited with the Eac~ ~ent, for the benefit the
holders of ~he Eefunded ~nds af~e~ a~caching ~o said ~eemenC a
copy of ~he Repo~c se~ini fetch the various schedules ~equi~ed by
the ~eemen~, ~hich schedules shall ~eilect the same fac~s and
conclusions as ~hoae con~ained in :he schedules pce~a~ed by ~ldman,
Sachs & Co. ant aC~ached ha~eCo as E~hibi~ B.
2. Tha~ ~he $2,500,000 p~incipal ~oun~ of SLGS credited
~o ~he ~ese~ve fund and ~he conCin~ency fund fo~ the Se~ias 1978
Bonds to~eChe= ~i~h ~he $765,000 ouC of ~he $1,665,000
~eleased icom ~be in~e~es~ and simMing funds and ~ese~ve fund
~he Refunaed Bon~s ce/erred above, a~e he=eby directed Co b,
~:amsfe~ed ~o the c~ediC of ~e special asc~o~ fund c:ea~ed by ~h
~eemen~.
3. ~a~ ~he City ~na .is hereby au~ho~ized co di~ecC
Texas ~ezican ~ank/Foc~ Wo~h, ~A , Fo~ ~or~h, Texas as "Esc=o~
~=~nC" unde~ ~ha~ ce=~ain Series 1978 ~ecizemenc T~usC ~:eamam~
~ida~e ~he secu~iCi,es ~' the invested ainkin~ tund in ~he
ge{ncipal ~oun: of $5,243,000 by aellin~ said .ecuci~ies
~ldman, Sachs & Co. a~ a p~ice equal Co 77 1/4~ oi ~hel~ pa= value
plus accrued in~e=esC co ~he date of said sale, ~o use ~2,677,802.82
of the p~oceeds ~hecef~om ~o discharge the ~e~ining ~oun~s o~ed by
171
City Council/PUB Minu~es
rmetin$ of Piarch 10, 1983
~he CtCy =o ~he "Escro~ A~en~" under such Asreemen~, including :he
purchase of the remaining obligations required by :he agreemenC
be purchased from =he "Escro~ A~en=", be/nS a pr/nc/pal ~ount
$2,669,000, and =o ~hen i~edtately se~l said secuctctes to ~ldman,
Sachs & Co. on the s~e ts=ms as the previous securities. The
proceeds f~ =he sale of all of said secuci~ies shall be deposi:ed
i) $1,913,792.77 shall be deposited in =he special escrow
fund,
ii) $250,000 shall be deposited in :he ~er&ency Fund
es:abltahed in :he ~fundtn& Bond Ordinance, and
itt) ~:,501,063.58 shall be deport:ed in the Wa:er System
Conettuc:ion Fund held by the Ci:y'e deposi:aty bank.
4. ~at :he form of :he Agteemen: which cons:itu:es a
of :his autho=izi~ Relolu:ion ~hall be subteen:tally in :he
aC=ached he=leo as Exhibi= A.
5. ~a~ ~he subscription for SLGS a~ached he=e=o
Ex~tbtc C, in =he principal ~ounC of $22,86~,800 for deposit in the
Special Eec=~ Fund and the ~se=ve Fund are hereby caCifted and
approved.
Hopkins ~=ton, Alfocd second ~ha= ~he cesolu:ton be passed. On
=oll c~11 voCe Bar,on "~ye"~ Hopkins "aye", S~ephens "aye", Al/ord
"aye", ~iddlespe=~e= "~ye'~ and ~yoc "aye". ~=ton c~rrted
unanimously.
The Council Chert adjourned in:o Executive Session ~o discuss lesal
ma=:ecs, teal es=are, personnel ~nd board appotn=~encs. ~o
action on Execu=ive Session i=ems ~as taken.
CHARI~OTTE ALLEN, CITY SEcRETARY
0727C
172
CITY COU~4C~L MINUTES
March 15, 1983
The Council convened into a work session at 5:30 p.m. in the Civil
Defense Room of the Municipal BuildinS.
1. The Council ~eceived a report on the Briarcliff
neighborhood pa~k.
Mr. Eonnie Roberts of the Parks and P. ecreation ~oard ~epo~ted that
citizens had contacted Council M~er Stephens ~aga~dins the use of'
the Denton State School as a neighbo~hood
an open area adjacent to
pa~k. D~. Stephens had contacted M~. Bu~tis Hollis of the State
School and the City Manage~ about the p~oposed pa~k site. The
citisens the ~iarcli~f met the Parks and
of neighho~hood with
P. ecreation I~oa~d a~ ~he Feb~ua~2 28 board meeting. The board ~el~
~haC ~he~e was a need ~o~ a pa~k in ~bis pa~ o~ ~o~n and ~ha~
citizens ~e~e extremely supportive. Roberts also ~epo~ed
~un~y Co~iasione~ Ba~eM had s~a~e~ ~he County would assis~
leveling ~he land, pa~k entrances, and o~be~ such Jobs. The
~o~ ~e main~enamce
and ~c~ea~ion 8oecd expressed concern
~bis ~ould add ~o ~he Pa~ks and ~c~ea~iom De~a~men~ ~hich already
~in~ains ceme~e~ies and o~be~ pa~ks, and also ~ha cos~ o~ equi~n~
such as picnic cables eno sol,ball back-a~opa. ~. ~be~s
~he Pa~ks ~oa~d ~uld mee~ a~ain on ~ch 28 ~o ~eceive a
~rom ~he Pa~ks and Recreation Depa~men~ on ~bese
~. ~be~Cs aho~ed a map o~ ~he a~ea ~i~h a oia~ o~ ~he p~oposed
pa~k si~e.
~yo~ S~e~a~ asked ho~ much levelins ~ould have ~o be done ~o
acco~ooa~e a sol,ball
~obe~s ~eplied ~ha~ no ~eveling ~ould have ~o be done ~o~
Council ~embe~s S~epbens suggested ~hz~ ~he ~nag~en~ a~ Jos~ens be.
con,acted zega~ng the uae o~ ~he pa~k fo~ companM picnics.
Council ~mbe~ ~a~on s~a~ed he ~ould like ~o see ~he cos~ ~igu~es
~ben ~hey ~e~e p~epa~ed.
S~epbens also s~a~ed ~ha~ a Join~ use a~ang~en~ ~i~b ~be Den~on
S~aCe School cou~d be pu~sue~ ~ich ~ould allo~ fo~ ~he S~a~e School
~o uae ~he pa~k du~ing ~egula~ school hours and ~be B~ia~clif~
children could ose ~he pa~k a~e~ school.
S~e~a~ asked ~ha~ a ~epo~ be made ~o ~he Council ~hen all o~
ln~o~maCion ~as available.
Tbs Council convened in~o Executive Session ~o discuss legal
~te~s, real es~a~e, personnel, an~ board appointments. No
official action was ~aken.
The Council then convened into ~he ~gular ~e~ins at 7:00 p.m.
the Council Ch~be:s.
PXESENT: ~yo~ Sgewat~, ~yot Pro Tam 5tephen~, Council M~be~s
~arton, Hopkins, Rt~lespetger and Chew; City ~naget,
city Attorney, and City
~S~T: Council Membe~ Alford was absent as he was on vacatio~
out of the City
1. ~e Council conside~ed approval of the Minutes of
Regular Meeting of March 1, 1983.
Riddlespet~et motion, Chew zecoud Co approve the Minu~es as
p~esen~ed. Motion carried ~nanimo~sly.
The ~yot presented a Proclamation to Ma. Teresa Houseman declaring
~he weak of ~rch 21-27 as ~tican Craf~ Week.
173
City Council Min-tes
Meetin& of March 15, 1983
Pa&e Two
The Mayor presented a Proclamation ~o Mr. Clovis Morrisson declaring
the week of ~tarch 2?-April 2 as North Texas State University
International Wee~.
2, Consent A~enda
Hopkins mo~ion, Barton secon~ ~o approve the Consent A~enda. Motion
carried unanimously.
Consent
A. Bids and Purchase Orders:
1. Bid ~ 9~17 ~38 KV line termination ~witchin&
2. Bid 9 9122 - Repair water well pump
3. Purchase Order ~ 57184 ~o Ebelin& Manuiactutin&
~mpany in the amount of $5,109,72
B. Pla~s and
1, Approval of the final plat of ~he La ColOns ~anch
~di~ion, (T~e Planning and Zoni~ Co~ission
recomends approval.)
2. Approval o~ ~he final pla~ o~ lo~ 1-~4, block 1,
G~aTs~oue Village. (The Planntn~ and Zonin~
Co~is.iou ~eco~ends approval.)
3. ~p~oval o~ ~he ~intl ~epla~ o~ lo~ ~, T~ian~le
Add~ion. (The Planning and Zouin~ Co~is~ion
~eco~end~ approval)
C. Final Payment:
1. Approval of :he final paymen~ to Jay-Mar
Construction in the amoun~ ot $20,~29.~0 for Mill
Pond and Service Center draina&e improvements.
3. Ordinances
A. ~e Council considered adoption of an ordinance and
service plan annexiD& approximately 3.42 acres of land into the City
of De~:on. The property ia located approximately 500 feet northeast
of the intersection of Interstate 35 and Hishway 77. (Z-1552) (The
Plannin& a~d Zontns Co~tsaion :eco~ends approval.)
Charlie Watkina, Senior Planner, reporCe~ that this was the final
actio~ oD this annexation.
The followin& ordinance was presented:
NU. ~3-27
~ O~IN~CE ~NEXING A T~GT OF ~ND ~NTIGUOUS AND
ADJAC~T ~ THE CITY OF DENON, TE~; BEING ALL T~T LOT,
~CT ~ P~CEL ug ~D CONSISTING OF APP~OXI~TELY 3.420
A~S OF ~D LYING ~D BEING SITUATED IN THE ~UNTY OF
DEN~. STATE OF TE~ ~D BEING P~T OF THE A. WHITE
SU~Y, ~S~CT ~. 1406, DENON ~UNTY. TE~S;
C~SSIFYING TH~ S~ ~ AGglCULTU~AL "A" DISTRICT PROPERTY;
~D DECL~ING ~ EFFECTIVE DATE.
174
City Council Minutea
Meeting of March 15, 1983
Page Three
Riddlesperger motion, Hopkins second to approve the, ordinance. On
roll call vote BarEon "eye", Hopkins "aye", Stephens "aye",
Riddlasperger "aye", Chew "aye", end Mayor '~ye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance
setting e sate, time, and place for public hearings concerning the
proposed anneaation of approximately 151.49 acres of land located
south of the Texas and Pacific - MK&T Railroad, north of Highway 380
and east of Cooper Creek Road, and authorizing the Mayor to publish
notice of such public hearings.
Wetkina reported this was the ordinance establilbing April 5 a= 4:15
p.m. for the on-site public hearing and April 5 at 7:00 p.m. for the
Council Chambers public hearing for a proposed mobile home park.
The following ordinance was presented=
NO. 83-28
AN OP. DINANCE SETTING A DATE, TIME AND PLACE ON TI{E PROPOSED
ANNEXATION Of CERTAIN PROPERTY BY THE CITY OF DENTON,
TEXAS, A.ND AUTHORIZING A.ND DIP. LCTING THE MAYUR TO PUBLISH
NUTICE OF SUCH PUBLIC H~ARING.
Hopkins motion, Chew second to approve the ordinance. On roll call
vote Barton "aye", Hopkins "eye", Stephens
"eye", Chew "aye", and ~ayor "aye". Motion carried unanimously.
4. Public Hearings
A. The Council considered the petition of Mr. George
Hopkins representing Cauble Enterprises
zoninG from agricultural (A) to the commarc, ial (C) 91ess~ficetfon on
approximately 3,42 acres of land located approximately 500 feat
northeast of the intersection of Interstate 35 and HiGhway 77. (The
PlanninG end Zoning Commission recommends approval.) Z-1552.
The Mayor opened the Public Hearing.
Georse Hopkins spoke in favor of the petition.
No one spoke in opposition =o the petition.
Tbs Mayor closed the Public Heerin&.
Wetkina reported that 3 inquiries had been mailed but none were
returned.
The Council considered adoption o~ an ordinance chan~in&
the zoninB from a~ricultural (A) to commercial (C) classification.
The followin~ ordinance was presented:
83-29
AN OP. DINANC~ AMENDING THE ZONING MAP Of THE CITY OF DENTON.
TEXAS, AS SAME WAS ADOPTED A~ AN APPENDIX TO THE CODE OF
O~(DINANCES OF THE CITY OF DENTON, TELLS, BY O~.DINANGE NO.
69-1, AND AS SAID MAP APPLIES TO 3,359 ACP. E$ OF LA~D, MO~E
O~ LESS; A~D DECLARING AN EFFECTIVE DATE.
Riddlesper~er motion, Stephens second to approve the ordinance. On
roll cell vote Barton "aye", Hopkins ~aye", Stephens "aye",
Riddlesper~er "aye", Chew "aye", and Mayor "aye". Mo~ion carrie~
unanimously.
175
City Council Minutes
M~etin$ of March 15, 1983
Page Four
5. Kasolutions
A. The Council considered adoption oi a resolution
authorizin$ the submission of an application to the Texas Criminal
Justice Division requestin~ fundin~ for a video surveillance syste~
fo~ th, n~w polic~ facility.
City ~nager He,tun8 reported that this resolution would authorize
an application for ~rant a~sistance from the State.
The followin~ resolution was presented:
~ESU LU T I O N
W~AS, it is ~mces~ary ~or the Council of the City of Denton
to authorize the submi$~oD of an application to the Texa~ Criminal
Justice ~ivisio~ requestl~ fundinE for a Video Surveillance System
for the new police facility; and
WHE~, Article 4413 (32a), V.T.C.S. was ~ended to enable the
Criminal Justice Division of the State of Texas to allocate Erants
and administer criminal J~stice pro,rams on a statewide level; and
W~AS, the City of Denton is eligible to receive such funds
and desires to protect the safety of its citizens and officers
through thl installation of an effective video surveillance system
in its new police ~acility; NOW T~FORE,
BE IT RESOLVED BY T~ CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
s~CTION I.
That the City Council of the City of Denton, Texas, certifies
that the City ls eliEible to receive a lundin8 allocation from the
Texas Criminal Justice Division for the purchase and installation of
a Video Surveillance Symt~ in its new police facility and hereby
authorizes the staff to submit an application for such funds.
SECTION
That the City Council hereby authorizes and direct~ the City
Manager, or his aesiEnee, to r~present aha act on behalf of the City
of Denton in wo=kinE wxth the Criminal Justice Division in ~e~ard to
such Erant application.
SEGTIOR III.
That a copy of this ~solution shall be forwarded to the Texas
Criminal Justice Division and the North Texas Central Council of
Gover~ents,
P~SED ~ APPROVED this the 15th day of ~rch, 1983.
KIGHARD O. STgWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
dHARLO~E ALLF. N, CITY SECTARY
CITY OF DF~TON, TEXAS
APPKOVED AS TO LgGAL FORM:
C. J. TAYLOk, JR., CITY ATTOP~EY
CITY OF DF. NTON, TEXAS
bY:
176
City Council Minutes
M~eting of March 15, 1983
Page Five
Barton motion, Chew second that the ~lolution be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", ~iddlelperger
"aye", Chew "aye", and Mayor "aye". M~tion carried unanimously.
B. The Council considered a~option of a resolution
authorizing the submission of an application to the Texas Criminal
Justice Division requestinS continued funding for the City's Cri~
Prevention
The following Resolution wes presented:
RESOLUTION
W~REAb, it ia necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas Criminal
Justice Division requastins funding for the City's Crime Prevention
Program; and
WflEK~AS, Article 4413 (32a), V.T.C.S. was ~ended to enable the
Criminal Justice Division o~ the State o~ Texas Co allocate
and admintste~ criminal Justice pro~m ou a sta~mwide level; and
~EAS, the City of Denton is eligible.to ~eceive such funds
and desires to p~otect the ~afety and well bein~ of its citizens
through the reduction of c~ime; N~
BE IT ~ESOL~D BY T~ CITY ~UNCIL OF THE CITY O~ D~, TE~S:
S~CTION I.
That the City Council of the City of Denton, Texas, certifi~'
that the City ia eligible to receive a fundin~ all~cation f~om
Texas Criminal Justice Division for the City's Gri~ Preventi{
ProEr~ and hereby authorizes the staff to submit an a~plication ~or
such funds.
SECTION II.
That the City ~ouncil hereby authorizes and directs the City
~na~er, or his designee, to represent and act on behalf of the Glty
of Denton in workin~ with the Criminal Justice Divimion in re~azd to
such Erant application.
SECTION III.
~at a copy of this ~e~olution shall be forwarded to the Texas
Criminal Justice Division and the ~rth Texa~ Central Council of
PASSED ~D APPROVED this the 15th day of Ma~ch, 1983.
~ICHARD O."STEWA~T, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
ChArLOTTE ALLEN, CITY SEt'TAXX
CITY OF Df~NTON, TEXAS
APPROVED A~ TO L~GAL FOKM:
C. J. TAYLOR, JK., CITY A'£TOP~NEY
CITY OF DENTOR, TEXAS
BY:
177
City Council Minutes
Meeting of March 15, 1983
Page Six
Chew motion, Eopkins second that the R~eolution be passed. On roll
call vote Barton "aye", ~opkins "aye", Stephens "aye", Eid~lesperger
"aye", Chew "aye", and Mayor "aye". Motion carried unanimously.
C. The Council 'considered adoption of a resolution
authorizing the submission an application to the Texas Criminal
Justice Division requesting funding for a Juvenile Police Officer to
augmemt the City's Juvenile Law Enforcement Program.
The following Resolution was presented:
RESOLUTION
WIAE~, it is necessary for the Council of the City of Denton
to authorize the submission of an epplics~ion to the Texas Criminal
Justice Divilion requesting fund~n~ for a Juvenile Police Officer to
augment the City's Juvenile Law ~n~orcemant Program; and
W~EAS, Article 4~13 (32a), V.T.C.S. was amended to enable the
Criminal Justice Division of the State of Texas to allocate grants
and a~minister criminal justice programs on a statewide level; and
WHEI~, the City of Denton ia eligible to receive such ~unde
and desires to promote the public eatery and well-being of its
citizens ch~ou~h inc~ea~im~ the ef~ectiveness of the Denton Police
DeparCmen~ in i~s law eniorcement relating to juveniles; NOW
TEE~FO~,
BE IT RESOL~ BY THE CITY COUNCIL OF THE CITY OF D~N, TE~S:
SECTION I.
~at the City Council of ~he City of ~ntom, Texas, certifies
that the City ia eligible ~o receive a funding allocation from the
Texas C~imimal Justice Division fo: a Juvenile Police Officer
augment the City's Juvenile Law Enforcemen~ Progr~ amd hereby
authorizes the staff to su~iC an application ior such funds.
~ECTIO~
Tha~ the City ~uncil hereby authorizes and directs the City
Manage~, or hie designee, ~o represent and act on behalf of the City
of DeaCon in working with the Criminal Justice Division in regard to
such ~ant a~plication.
SECTION III.
~at a co;y of this ~aolution shall be forwarded to the Texas
Crimimal Justice Division and the ~orth Texas Central Council of
P~S~D ~D APPROVED ~hi~ ~he 15~h day of ~rch, 1983.
RICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
C~4%I~LOTTE ALLEN, CITY SECRETARX
CITY OF DE~NTON, TEXAS
APPROVED AS %'0 LEGAL FO~M:
C. J, TAYIDR, JR., CITY ATTORNEY
CITY OF DENTON, TEX~
BY:
~78City Council Minutes
Meeting of March 15, 1983
Page Seven
Hopkins motion0 Chew second thaC the l~soluCion be passed. On roll
call vote ~arcon "aye", fiopkins "aye", Stephens "ayeTM,
l~iddlesperger
"aye", Chew "aye", and ~yor "aye". ~ton carried unanimously.
~. The Council conside~d a~op~ion of a ~eso~u~iou
au~hoziz~ns ~he submission of an app~ica~ion co ~he Texas Criminal
Justice Division reque~tin~ continued f undi~ for the City '
N~rco~ic Enforceme~
The followin~ ~solu~ion wa~
~gSOLUT I0~
WH~EAS, iC i~ necessary for ~he Council of ~he ~iCy of Denton
~o authorize ~e ~u~i~ion of an application ~o ~he Texa~ Criminal
Justice Division requesting funding for the Ct~y', Narcotic
Eniorc~enc Unit;
~S, Article 4413 (32a), V.T.C.S. w~s ~,nded ~o enable
Criminal Justice Division of ~he S~a~e of Texas ~o allocate
and adminis~r criminal justice Rro~r~s on a s:a~e~ide leve~; and
D~nCon ~
WHE~AS, ~he GiCy of ~li~ibl~ to receive such funds
and a~si~s ~o pcot~c~ ~he safe and w, ll-b~tn~ of i~ ci~iz~n~
through ~he reduc:ion of ~he use of narco~ic~ and narcotic
:r~fficitnt; ~OW T~EFO~.
BE IT ~ESOL~D BY THE CITY ~UNGIL OF THf CITY OF D~, TE~S:
~EGTIO~ I.
That ~he City Council of :he Gi~y of Denton, Texas,
~hat the Cl~y is ~li~ible ~o r~c~iv~ a fundin~ allocation from the
T~xa~ Criminal Jug:ice Division for the City's Narcotic
Unit and h~reby authorizes th~ staff to submit an application for
such funds.
SECTION II.
Th~c ~he City Council hereby au~horize~ and direc~ the City
~na~er, or his deafened, Co r,pressn: and act on behalf of ~he City
of ~nzon in woriint wt:h the Criminal Ju~ic~ Division in r~ard
~uch ~rant application.
SECTION III.
That a copy of this ~esolution shall be forwarded to the Tex~s
Criminal Justice Division and the North T, xa~ Central Council of
~ver~ent$.
PASS~ ~D APPROVED this the 15th day of ~rch, 1983.
RI~H~D 0. STEWART, MAYO~
CITY OF DENTON, TEXAS
ATTEST:
CI~]~LOTTE ALLEN, CITY ~ECKgTA~Y
CITY OF DENTON, T~XAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTOBANEY
CITY OF DENTOn, TEXAS
BY:
179
City Council Minutes
~teeting of March 15, 1983
Page Eight
Hopkins motion, Chew second that the Resolution be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", ~iddlesperger
"aye", thaw "aye", and Fmyor "aye". t~otion carried unanimously.
E. The Council considered adoption of a resolution
relating to the issuance of bonds by the ~orth Texas Higher
Education Authority, Inc.; approving the issuance of one or mote
series of bonds; and making certain findings in connection therewith.
Mr. Ralph Rushing, representing the North Texas Higher Education
Authority, Inc, presented a brief report on the status of the
Authority which issues student loans.
Council ~mber Riddlesperger asked if new regulations would require
students applying for loans to be registered [or the draft.
Lee Donner, Executive Director of the 14orth Texas Servicing
Corporation, responded that students would have to be registered
before they would qualify for the low interest loans.
Mayor Stewart asked what was the repayment race on =he loan~.
Mr. Donner responded thaC the rate was very ~ood. The North Texas
Hi&her Education Authority had approximately one-half of the
national default tats.
~yor Stewart asked if the Authority &ranted loans to foreign
atu~e~tl.
Mr. Donner stated that o~e of the requirements for a loan was that
the applicant be a permanent resident.
The following ~eaolutlon was presented:
RESOLUTION
A RESOLUTION by the City Council of the City of Denton, Texas,
relati~ to t~e issuance of Ronda by the North Texas Hi&her
Education Authority, ~nc.; approving the issuance of one or more
aeries of ~nda; and making certain findings in connection
therewith.
W~, this &ovetninE body, requesting certain individuals to
proceed to ts-organize ~d re-e~tablimh a non-profit corporation
~urauant to the Texas Non Profit Corporation Act, for the purpose of
tutthetin~ educational opportunities of students by providing funds
for the acquisition of student loans; that ~uch has been
accomplieheo, tbs corporation bein~ known as the "Botth Texas Higher
Education Authority, Inc."; and
W~. the North Texas Bi&her Education Authority, Inc., has
proceeded in the deve~op~nt o~ a plan o[ doin& business and it ia
now appropriate ~ot this &over.in& body to approve the actions
taken; now, therefore
BE IT RESOLVED BY ThE CITY ~UNCIL OF THE CITY OF DEN~h, TE~S:
SECTION ~.
This &ovetninB body ~as been advised by the hotth Texas Hi&he~
Education Autho~ity, Inc., Cthe "Corporation"), that such
Corporate02 upoD approval thereof by the &ovetnin& bodies o[ the
Gitiem of Denton and Atli~ton, Texas, proposes to issue revenue
bonds; that eucb bonds would be initially issued aa one or more
series of ~nds (collectively, the "Bon~s") in the aB&re&ate
principal ~ouat o~ up to $50,000.000 and that such bonds ~ould be
180
City Council Minutes
Meeting of Ha=ch 15, 1983
Page Nine
payable from and be secured by a pledge of revenues derived from
by reason o~ the ownership of student loan notes and investment
income after deduction of such expenses for operating the loan
program as may be specified by the bond resolution or trust
indenture authorizing or securing such Bonds and the payment thereof.
The Bonds (up to the aggregate principal amount of $50,000,000)
are issued to obtain funds with which to purchase Student Loan Notes
which are guaranteed under the provisions of the Higher Education
Act of 1965, as amended, to establish certain reserves and for the
purpose of paying certain expenses.
SECTION II.
This governing body hereby approves the issuance and delivery
such Bonds for the purposes aforesaid, and in this connection
requests that the said Corporation exercise the power enumerated and
provided in Section 53.47 of the Texas Education Codel that such
non-profit corporation shall, in this connection, exercise such
powers for and on behalf of the City and the State of Texas, as
contemplated by Section 53.47(e) of the Texas ~xtucation Code.
SECTION
The City does not agree to assume any responsibility in
connection with the administration of this student loan program; it
being understood this responsibility is being assumed by the
Corporation.
SECTION IV.
It is recognized by this governing body chat the instruments
which authorize the issuance of bonds by the Corporation will
specifically state that this City is not obligated to pay the
principal or interest on the ~onds proposed to be issued by the
Corporation. Nothing in this Resolution shall be construed aa an
indication by Chis City that it will pay or provide for the payment
of any obligations of the said Corporation whether heretofore or
hereafter incurred, and in this connection, attention is called to
the Contitution of Texas wherein it is provided that a City may
incur no indebtedness without having made provisions for
payment, and this Cit~ Council hereby specifically refuses to set
aside any present or tuture tunda, assets or money for tbs payment
of any indebtedness or obligation of the Co=po=etlon.
SECTION V.
This Resolution shall be effective from and after its passage
and approval.
PASSED AIqD APPROVED, t~ia the 15th day of March, 1983.
CITY OF DENTON, TEXAS
ATTEST:
CMAIiLOTTE ALLEN, CITY SECRETARY
CITY OF DENTON, TEXAS
APPKOVED AS TO LEGAL FOlt~M:
C. J. TAYLOK, Jk., CITY ATTOR/~EY
CITY OF OgNTON, T~XAS
BY:
181
City Council Minutes
Meeting of ~cb 15, 1983
PaGe Ten
RiddlesperGe~ ~tion, Stephens second that the Resolution be
passed. On zoll cell vote Es:ton "aye", Hopkins "aye", Stephens
"aye", l~lddlelperGer "aye", Chew "aye", and ~yo~ "aye". ~tion
ca~ied unani~usly.
F. ~e Council considered adoption o~ a ~esolution
autbo~izinS tb~ submission o~ a ~ede~al stent a~plication by the
greate~ ~nton A~ts Council.
City ~a~e~ He, tunS stated that ~r. Clovis ~isson o~ the
Denton ~ts ~uacil bad ~equested this resolution in support of a
S~ant appl~cation to the ~atioaal Endo~ent ~o~ tbs Arts.
The ~ollowins resolution ~as p~esented:
K.E S O L U T I 0 N
i~ i~ fo~ ~h~ Gou~21 of ~h~ Ui~y of Dmnuon
W~,
Endo~n~ fo~ ~hm A~ io~ a f~dm~a~ 8ran~ by The G~ma~m~ ~n~ou
~unc21 { and
WHYS, ~b~ O~a~ ~n~ou A~ Uouucil im mli~ible ~o
mu~h 8~u~ and d~irmm ~o app2y~o~ ~ed~a~ funds a~inim~ed by
~he T~ P~o~ of Suppo~ io~ ~al A~s ~euci~m; and
WH~, ~b~ ~u~ciZ i~ f~milia~ wi~h ~hm 8uidm~inmm of Ohm
W~, Th~ G~a~ ~n~on A~ Gouucil dmmi~e~ uhemm funds
suppo~ ~enovation co,ts of The Oenton A~te Complex; NOW, T~FORE,
BE IT ~SOL~ ~Y THE CITY CUUNCIL OF T~ CITY OF DENTON, TE~S:
s cTzo
That the City Council o~ the City of Denton, Texas certifies
that ~e G~eate~ ~nton A=t Council is elisible to ~eceive a fundin~
allocation fo~ the ~enovation coats o~ The Denton A~ta Complex, and
the ,ta~ ~ hereby autbo~i=ed to audit an application ~o~ such
~unds.
S~CTION II ~,
That a cop~ of this ~solution shall be forwarded ~o the Test
Pro~ o~ Support fo~ ~cal Arts ~encies, National Endo~ent ~o~
the A~ts.
PASSED ~D ~PEOVED this the 15~ ~ay of ~ch, 1983.
RICHARb O. STEWART,'MAYOR
CITY OF DE~TON, T~XAS
ATTEST:
CI~LOT~ ALL~N, CIT~ MEC~TAI(X
CITY OF DENTOn, TELLS
APPROVED AS ~ ~GAL FO~
C. J. TAYTO, O~., CITY A~O~EY
CITY OF D~N, TEXAS
BY:
182
City Council eitnutea
Meeting of March 1.5, 1983
Page Eleven
Riddlasperger motion. Chew second that the Resolution be passed. On
toil call vote barton "aye", Hopkins '*aye", Stephens *'aye",
Rlddleeperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
The Mayor then presented a Procla~stion declaring March 20-25, 1983
as N.A.A.C.P. Week in Denton. The Proclamation was accepted by Ns. '
Jennifer Lewis, President of the N.A.A.C.P. Chapter a~ Texas Worn's!
University.
6. The Council received a report on Police Department video
equipment needs.
City Manager Ha=tung reported that a list of video equipment needs
had been prepared Dy c~a Police 9epa==men: after an appearance
before the Council by the District Attorney. lie=tung stated that
the Staff was beginning preliminary budget preparations and these
equipment requests would he submitted in the budget process.
7. The Council considered a chan&e order to engineering survey
landfill contract wicb Henningson, Durham and Richardson.
Msiatant City Manager lick Sveh£a repotted Chat the Change Order
was ~o pay the diffetence in the estimated and actual costs of
filing ~be final landfill papers with :he State Health Department.
The Council considered revisions :o Chapter 15, Code of
Or~inances, concerning fees and charges for admission to ot
of City facilities. (The Pa=ks an~ ~creation ~atd recomends
approval.)
Pa=ks ane Recreation Department gee structure had been sug&eared
the annual :epot~ co c~e Council :o assist the ~epar:ment
bec~inl more self sufficient.
Council Member Stephens sCa:ed the: :he las: :ime :be tare
~ae altered, a join: meeting ~as held with :he Council and
and Recreation Board and further questioned ~hy :hie had hoc been
~unctl M~be: Hopkins asked why =hie Joint ~e~tn& would be
necessary.
C~ty ~nagat Hat=ung s:a=ed =ha=, aa a senetal policT,
meetings had not been held. The S~aff brings ~o =he Council =he
~,u=ee of ~he applicable ~atd mea=~n&. ~a:tunS also s~a=ed that
Che SCaf~ could do as :he Council ~tshed.
~unc~l ~mber ~tddLespet&e: asked ~f a~y at=emp= would be ~de
serve =~ose ch~ldten who could no= paT.
~Kean tesponded Chat ptovtatone ate made for these instances.
~e gollow~ng ordinance was presen~eu:
so. 83-30
AN OEDINAitCE AMENDING SECTION 15-4.1 OF CHAPTER 15 OF THE
CODE OF OtLDINANGES OF THE CITY OF DENTON, T~XA$; INCREASING
USF2C FEES FOK CERTAIN PAKII AND Ib~CAiEATION FACIu~TIES;
PROVIDING FOR A SENILITY CLAUSE; AI~D PROVIDING FO~ AN
EFFECTIVE DATE.
Hopkins motion, Barton to adopt the ordinance. On roll call vote
Bat=oB "aye", Hopkins "aye", Stephens "aye", Kiddleaperget "aye",
Chew "aye'L and Mayor "aye". Motion carried unanimously.
183
City Council Minutss
~eeting of l~rch 1], 19~3
Pa~e T~lve
9. The Council considered revisions to Chapter 15, Code of
Ordinances, concernin$ rules and regulations for Park and Recreation
areas. (The Parks and Recreation l~oard recommends approval.)
Assistant City Mans&er Betty Mc&san reported that these revisions
were simply to clean up the laniuage in the existing ordinance.
~ ~ Council Member Chew asked it all City parks would still close at
10:00 p.m.
Mc£ean responded yes.
John Travails, member o: the Parks and kecreation Board, stated that
several citizens had siren positive feed-back to closing the parks
at 10~00 p.m.
Council Member Barton requested a chanse in Section 15-8 so as to
read that tbs parks shall close at 10:00 p.m. except for events
approved or scheduled by the Parks and Recreation Department or City
Council.
The following ordinance was presented:
~0. 83-31
~ O~I~Gg ~ING C~PTER 15, "P~S ~D REC~ATION" OF
T~ ~Dg OF O~I~CES OF T~ CITY OF DEN~, TE~S, 1966,
~ ~D~, aY ~ERI~G THE SECTIONS THE~IN; DELETING
C~TAIN SECTIONS; P~HIBITING ~D KgGU~TING CERTAIN
~DUCT I~ PARK~; PROVIDING FOR A PENALTY IN ~ ~OUNT NOT
~ EXGE~ ~O MUdDeD ~L~S ($200.00); PROVIDING ~OR A
SEVE~ILITY C~USE; AND PKOVIDING FO~ ~ EFFECTIVE DATE.
~atton mo:ion, ~pkins secon~ to a~op: the ordinance with the
amendment. ~ roll call vote Barton "aye", Hopkins "aye", Stephens
"aye", Rlddlesperge: "aye", Chew "aye", and Mayor "aye". ~tion
carried unanimously.
10. There was ~o official action on Executive Session items:
A. Legal Matters
B. ~al Estate
~etaonnel
D. Board Appointments
11. ~ew Business
The follow~& ite~ of ~ew Bualneaa were au&geared:
Council ~bet Chew requested a report ~rom the Citizens Traffic
and Bell Avenue.
Council ~mbe: ~opkine requested a report from the Citizens Traffic
Safety Support Co. lesion on ot~e= flashing Si&hal lights in town.
5arCon motion, C~ew second Co adjourn. The meeting was a~Joutned at
7:57 p.m. ~
0745C
184
CITY COUNCIL MINUTe. S
Match 22, 1983
The Council convened into the Special Celled Meeting at 7:00 p.m. in
the Council Chambers.
P~LESF~NT: Mayo: Stewart, Mayor Pro Tem Stephens, Council Members
Barton, Hopkins, Alford, Kicdieaperger, and Chew; City
Manager, City Attorney, and City Secretary
AaSM~T: None
1. The Council considered adoption ot an ordinance authorizing
the sale and issuance of $4,762,000 of general obligation bonds.
Mr. Frank Medanich, representing First Southwest Company, opened the
bide for the bonds. Bids were received from RepublicBank ot Dallas,
Underwood, Neuhaua and Company, Inc., Cullen Bank, Salomon Brothers,
Inc., and Interfirst Bank of Dallas.
The Council then recessed to allow time for the bide to be tabulated.
The Council reconvened to receive the tabulation.
Mt. Medanich :eco--.ended that the ~unctl adopt the ordinance
approving the award of the bid to ~publicMank.
The following ordinance was pteaented:
83-32
O~IN~CE AU~OKIZI~G THE ISSU~CE OF GEN~L OBLIGATION
BO~DS
Hopkins ~iO~.yC,heWa e- second ~o adopt the ordinance. On roll call
vote Barton , Hopkins "aye", Stephens "aye", Alfo~ "aye",
giddleepet~et "aye", Chew "aye'~ an~ ~yo~ "aye". ~:ion carried
unanimously.
~yot Stewart requested Cha~ a diacuaa~om it~ be placed on the
April 5 agenda ~ega:d~ng the selection of new
City ~na&et Hat:ung stated :ha: proposals would have ~o be
au~itted before selection coulC be made.
Riddleaperger motion, Hopkins second ~o adjourn.
adjourned at 7:34 p.m.
C~TTE~EN, ~ITY SECRETLY
0753C
185
C~TY COUNCIL MINUTES
April 5, 1983
The Council held a public hearing at 4z15 p.m. to consider
annexation of approximately 151.49 acres south of the Texas
Pacific-MoK.&.T. reilroad~ north of Highway 380 and east of Cooper
The Mayor opened the public hearing.
Charlie ~atkins, Senior Planner, spoke ~n favor cf the annexation
pointing out that the annexation was initiated because of a proposed
mobile homo development on 13.5 ~cres located within the area
proposed for annexation. The City ~taff felt that it was important
to cent=el an~ regulate future development in this area. The Fire
Department feels that they can adequately serve the area. The
P~lice Department indicates that the existing mobile homo park
located in the 150 acre area proposed for annexation is the scene of
numerous calls by the Sheriff's Department which will become · City
responsibility. The Police Department will proviae protection to
t~e best of their ability given manpower constraints. Watkins
stated that the existing mobile ho~e perk is possibly a health
problem in that no sewer is available but development of the
proposes mobile home could provide an opportunity to serve the
existing park ar~ therefore alleviate any health hazard. The
Planning end Community Development Staff recommended approval of the
annexation.
Mr. Virgil Strange spoke in opposition stating a concern with regard
to the standards by which the proposed mobile home park would be
developed.
Council Member Hopkins staked that this was why the City was
annexing the property.
~r. Jim Grilles, developer of the mobile home park, discuzsed the
propose~ development.
Mr. Harwell asked if he could continue to operate his business if
City Attorney Taylor responded that he coul~ continue but i~ he
decided to expand, he would need to seek a variance from the Board
of
The Mayor closed the Public Bearing.
The Council convened into a work session at 5~30 p.m. in the Civil
Defense itoom of the Munioipol Building.
PL{~S~I~T~ Mayor Stowart~ Mayor Pro Tam Stephens, Council Members
Hopkins, ~iddlezperger, and Chew; City Manager, City
Attorney, and City Secretary
A~SENTz Council Member flar~on was absent due to illness
1. The Council considered the emergency agenaa addendum item
to approve the cancellation of building restrictions on 18.396
acres. T.~. Downing Survey, Abstract 346 (East ~cKinney).
Mr. Gary Kirchoff, attorney, stated that the area, which is located
south o~ Mack Park, was zoned MF-1 for single family detached
housing. The building restrictions which were filed on the property
in 1955, do not provide for orOerly development. These restrictive
covenants must be signed away so that new restrictions may be
adopted to oorrespon~ with the proposed use of the property. Mr.
Kircho~f reported that the City of Denton owns an 11.821 acre tract
ad,scent to the property and this property was part of the original
tract which was restricted in 1955. Mr. Kirchoff requested the
Council to authorize the signing away of the restrictive convenants
on the City-owned tract.
186
City Council Minutes
Meeting of April 5, 1983
Page Two
Mayor Stewart asked City Attorney Taylor if the Council could
approve this action without first going through the Planning and
Zoning Commission.
City Attorney Taylor stated P&Z approval was not neoass&ry.
Hopkins motion, Alford second to remove the restrictive covenants.
Motion carried 5 "ayes' to 0 "nays" with Council
Rlddlesperger abstaining.
2. The Council received a ra{~ort from A~sistant City Manager
McKean regaraing the City of ~nton~s Senior Cen~e~ philomo~hy.
~an stated t~a~ the =e~r~ was in response ~o ~he Council's
philosophy was preferred. Mo w~itten ~ll~nlmS we~l ob~lined.
Council ~mDer Chew s~ate~ he would li~e to have ~ha~a
on ~he new Senior ~ntm= Sups=visor.
that input was needed from the o=ganisations at the Senior
Council ~mber Hopkins s~ated that philosophy info=marion should
obtained from ~he new Senior ~nter Su~ervimor.
~uncil Membe: Chew asked if the Par~s a~ ~creation ~oard woul~
report Deck to =he Council a~ter the philoso~ay was presented to
3. The ~uncil receive~ a re~rt from ~he Parks an~
~mi~tant City aanager ~c~an in==oauced ~. ~onnie ~rts cZ
Parks and Recreation Board. ~. ~ber~s re~ed ~hat ~he area
the propos~ park ha~ been finalized. The Pa=ks and ~crmation
~ard had met on ~rch 28 aha B~=tis Hollis of the ~nton
School and Steve Brinkman Director of the City Parks an~ Recreation
~pa=~ent had been contacted regarding the p~opomed park. The new
pretzel will be 10 acres which will amsist In maintenance.
in front o~ the fenced area. A 9ate with a lo~k will be ;ut on the
back of t~e par~ area for use by the Denton State School.
~uncil ~mber Stephens mtated that Dr. Hollis's concern was that
the drainage spillway remain clear IB~ Zlowing.
~unoil Me,er Hopkins asked if the cost figures incluOed in the~
a~e~m back-up made,iai, were ~or ~he new smaller park concept.
Mr. ~berts rem~ndea that they were. Tbs ~unty
would still be involve~ in leveling the area eno the citizens in the
area ~=o~ed to solicit donation~ an~ would be volunteering thei~
ti~ to install some of the eguiment as appropriate. The total cost
figure of &21,000 Oia not ¢e~lect any dona~ions of monie~
volunteer labor. The Parks ~ard projected a S6,0O0 ~er year cost
fo= operation and maintenance.
187
~ity Council Minutes
Meeting of Ap=il 5, 1983
Page Three
Hopkins reminded the C~uncil that the Parks and ~ecreation
Department budget was cut by about $30,000 for this fLscal year.
Council Mam~er Riddlesperger asked if the residents of the area
might donate some of the equipment.
~berts stated that the residents were very interested and would
donate labor but he could not speak ~or them in regards to the
donation o~ equiim~ent.
Riddlesperger s~a~ed ~hat a meetin~ with the residents could be held
to dete=mine the ways they would be willing to help.
Stephens ~tated that legal a~roval was required prior to any
actions.
Hopkins stated that new ~ui~t coul~ no~ De promised as the
that it ~y take the City 2 to 3 years to :und all of the equipment.
Mr. John T~avelle, ~er o~ the ParKs and ~creation Board,
the area zelidents were wanting approval from the ~uncil ac they
coulO be~in soliciting Oonationl for the park from organisations.
~unoil ~e~= Alford aske~ i~ any other City parks are furnished by
donatio~s.
~an res~nded =hat ~Kenna Park had a trust funO for that
o~ly.
City Attorney Taylor s~ated the fi=st step was to negotiate the
lease fo~ the park land.
The concensus of the Council was to Oirect the City Attorney to
4. The Council receive~ a =e~rt ~om the Citizents Traffic
hid been co~uote~ at the intersection of Sell an~ Hickory. The
the ligh~ is ~et to flash ~ginning at 10tO0
Council ~m~r ~opkins asked i~ the count takes into consideration
the safety factor involved as this is a ~lin~ intersection.
~vehla roplio~ that the Citizeno8 Traffic ~a~ety Sup~rt Co, lesion
The ~unuil conven~ into ~ecutive Session to discuss legal
matte=s~ real es~ate~ personnel and ~ard appoin~ents. No o~icial
.action was taken.
The Council =hen convened into the ~gular ~etin~ at 7=00 p.m.
the ~uncil
P~S~T~ ~yor Stewa=~ ~yor Pro Tem Stephens, ~uncil ~embers
~pkins, ~id~les~r~er, and Chew~ City aana~er, City
Attorney~ eno City Secretary
~SENT~ ~unoil ~nber Barton was absent ~ue to illness
1. The Council considered approval of the ~inutes of the Joint
~eetin9 o~ the City ~uncil and the Public ~tllity Board of March
10, 1983~ the ~ular ~etin~ o~ ~rch 15, 198~; and the ~pecial
Calle~ ~etin~ of ~rch 22, 1983.
City Council Minutes
Meeting of A~rll 5, 1983
Page Four
Riddlelperger motion, Alfora second to approve the Minutes aa
presented. Motion carried unanimously.
The ~ayor presented a Proclamation to Ms. hinds Nygren declaring the
week of A~ril 22 through May 3 as National Volunteer Weak.
2. Consent Agenda
A. Bids and Purchase Orders:
1. BiO t 9123 - Mobile concession trailer
2. Bid % 9124 - Meters, sockets and transformers
3. Bid % 9125 - Mobile radio units
4. Sad 9 9126 - ~tand-of~ Brackets
5. ~id ~ 9127 - Truck bads and bodies
6. ~id % 9128 - Chemical insecticides and herbicides
7. BiO 9 9129 - Low bans mobile radios
8. ~id % 9130 - Pneumatic tuba system
9. ~id % 9131 - Acoustical tile
10. Bid % 9132 - Cable, terminations a~ cutouts
11. BiO % 9136 - Concrete saw
B. ~plats:
1. ~proval of t~e ~inal replat of lots 9 and 10,
block 1, Northside ~dition.
C. Contracts:
1. ~proval of a con~=act with Jim Glass for
pre,ara=ion and a~iniaUration of the 1983
Citizen Survey.
Counoll ~er Chew asked that item 2.a.1 ~ =emoved from the
~nsent
Council ~m~r Hopkxnl asked =ha= item 2.A.7 be removed from the
~yor Stewart am~eo that i~em 2.C.1 be re,wed from the Consent
~enOa.
S~ephens mo~ion, Chew secon~ to approve the Consent
carried unanimously.
On item 2.A.1, Council ~m~er Chew asked w~ere =he funds would come
from to ~uno ~he mobile concession trailer.
Amsimtan= City ~nager McKean res~nded =he revenues from the pool,
parks, and concessions would ~ay ~or =he =railer.
Chew motion, Alfora second to approve item 2.A.1. ~tion
unanimously.
On item 2.A.7, Council ~mOer Hopkins asked t~e =he low band mobile
ra~ios ware replacements or aOai~ional equipment.
189
City Council ~lnutee
~eeting of April 5, 1983
Page Five
15 to 20 yea= old radios and a few were additional equipment.
liopkins motion, Alfo=d secor~l to approve item 2.A.7. Motion carried
unanimously.
On ite~ 2.C.1, Mayor Stewart states that the citizen survey had
always indicated the s~=aete were the top priority but bond
elections had failed. Stewart questioned the value of continuing
the survey.
City Manager Hartung state~ that other data was gathered from the
survey, such as citizen attitude about City services. The
continuing of the survey would enable the Staff to ~ollow trends.
specifically ascertain attitudes.
Council ~em~er Hopkins stated =he need to determine how the
wanted to fund the street projects.
Council ~tembar Riddlaeperge= eta=ed that instead f & random
sampling of Citizens, it might be more appropriate tv
only
survey
those citizens who had voted. Aquas=ion on the survey might ask if
the person had voted in the las=election.
Hopkins Motion, Chew second to approve item 2.C.1. Motion carried
unanimously.
3. THe Council received the annual report by the Denton
Chamber of Commerce.
Mr. Tommy Caruthere, Chairman of the Denton Convention and
Bureau, ~anded out copies of the budget =o =he Council and reported
that the budget had been approved by the Chamber of Commerce Board
of ~irectors. Mi. C~ruthere stated that the Convention and V~sito~s
Bureau had been working for 6 years ~o entice conventions to Denton.
Council Member Chew asked how many groups had visited or stopped
over in Denton in the last year.
Caruthers responded that approximately 130 groups or about 70,000
people had visited or stopped over.
Council ~tember Alford stated that anyone who had been involved with
the Chamber of Commerce at the beginning of this ~ropram could see
how it had grown.
4. The Council recognized the representative of =he Baha'i
Faith of Denton.
~s. Carolyn ~elf, representing the Bahs'is, handed out
on =~e ~ersecution o the Bahs'is in Iran. Ms. Self stated she had
come to request a statement of support aha a resolution from the
City Council.
Council ~e~er Riddlesperger asked to have the resolution placed on
the April 19 Council agenda.
5. The Council recognized a representative of the Sigma Alpha
Mu £raternit¥ requesting to close a portion of Fry ~tree= for =he
annual Fry St=eat Fair/Spring Rennaiseance.
Mr. David Mass, representing the fraternity, stated that =his was an
annual event.
The following resolution was presented~
Meeting of ~ril 5, 1983
Page Six
s_ o_ R §
WHEREA~, on Sunday, April 24, 1983, the Sigma Alpha Mu
Fratsrnity is sponsoring an Spring ~naiss&ncs to be held on Fry
Street Detwesn the intersection of Oak and Hickory! and
W~AS, the Spring ~naissance is o~en to ~he general
public of the City and ~unty of Dln~on~ and
~naismanco and in order to protect the 8afe~y of oitizenf who
attend, the City ~uncil of ~he ClOy of ~n~on ~eems i~ Il neceslary
Hickory ~=reet from the hours of 9~00 A.M. until 7~0 P.m. on
24, 1983; ~, T~,
~E ~T ~SO~D ~Y T~ CITY ~U~CIh OF T~ CITY OF D~N,
S~CTIO~ I.
oN ohm=acts= w~atevor on ~ril 24~ 1983 from 9100 A.M. un~il 7t30
hnaissance.
S~CTION Il.
That the ~rtion of the abo~e defc=i~ streets
an~ after 7J30 P.M. on April 24, 1983.
SECTION III.
The= this resolution shall ta~e effec~ and ~ in full force
and effect from and after =he date o~ i~8 passage and approval.
P~ ~D APPenD this ~he 5th day of ~ril, 1983.
~IIc~D O, 'ST~W~T, ~IAYOR
CITY OF D~TON; T~XA&
AT~T 1
CHARLOTTE ALi~, CITY SECtA~TA~Y
CITY OF DF.~%~)N, TEM~
ApPrOVeD AS ~ LEGAL FOR~=
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TE~
on roll call vote Hopkins "aye", Stephens
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
6. The Council considered adoption of sn ordinance and
accompanying service plan for the purpose of annexing a tract of
land consisting of approximately 456 acres located east of FM 2181
and north o~ Robinson ~oao.
191
City Council Minutes
Meeting of April 5, 1983
Page ~even
Charlie Watki~s, ~enior Planner, stated the aaoption o£ the
orainance would be the final step in the annexation proceedings an~
the approv&l would require 6 a£fi=mative votes.
Council ~ember Stephens stated that at the public hearing some
residents in the tract had asked not to be annexed. Stephens asked
if the e&stern boundary o~ the tract could he moved further west.
City Attorney Taylor responded that the ordinance could be approved
with a oh&ngm of bounaary but an accurate description of the lan~
be annexed had to bm inclu~ed. Another option was to ~ostpone the
ordinance until the A~ril 19 meeting.
Jeff Meyer, Director of Planning and Co,unity ~velo~nt, stated
that it was im~smiDle to change the aemc=ip~ion of the land in time
ques~io~ ha~ ~en sold previously to be developed but the aevelope=
had defaulted. ~e o~ners of ~hm property woul~ still have ~he
option of selling =o another firm in the future. ~yer stated ~hat
if the ~uncil wishe~, the ordinance annexinq the entire tract could
De approves ,nd at some future date ~he one parcel in question could
be disannexed.
The following o=ain~nce w~s
~0. 83-33
~ O~IN~ ~ING A T~CT OF ~ND ~NTIGUOUS ~D
~JACENT ~ T~ CITY O~ DEN~, T~S; B~ING ALL T~T ~T,
T~CT O~ P~L OF ~D ~NSI~TI~G OF A~PROX~TELY 456
~ OF ~ LYING ~D ~ING SITUAT~ IN T~ COUNTY OF
D~N, STAT~ OF ~ ~D B~ING P~T OF T~ J.
8UR~Y, ~T~CT ~. 421, S. ~WIS SURVEY, ~T~CT
769, M.E.P. ~ P.R.~. SURVEY, ~T~CT NO. 950, E. PICKE~
SUR~Y~ ~T~ NO. 1018, AND T~ S. ~RIE SUR~Y,
~S~T NO. 643, D~N~N ~UNTY, TE~; C~SIFYING T~
S~ ~ A~ICU~ "A" DIS~ICT PROPERTY; ~D
Chew motion, ~ford secon~ to adopt t~e orainance. On roll call
vote ~p~ins "aye", S~e~hens "aye", Alford "aye", Ri~dlemgerger
"aye", ~ew "aye~ and ~yOr "aye". ~tion carried unanimously.
7. ~blic
A. The Council considered the annexation of a~roximately
151.49 adzes o~ lan~ luoated mouth of the Texas Paci~io-M.K.&T.
railroad, no=t~ of Highway 380 and east of Cooper Cree~ Rosa.
Charlie Watkins, Senior Planner, s~ke in ~avor of annexation and
reported that the on-site public hearing had been halO. The
annexation was precipitated by a pro,sea mobile ho~ park or mo0ile
home au~lvision.
Jim Gr~ffim, ~eveloper o~ the ~bile nome park, stated he was in
favor of the annexation.
NO one I~o~l in oppomi~ion.
The ~or clo~ed %he ~blio ~aring.
~kins ~=ion, Chew second to proceed with the annexation. Motion
carried unanimously.
192
City Council Minutes
Nesting of April 5, 1983
Pegs ~ight
m. The Council considered the petition of Mr. ~on Pearson
requesting a change in zoning from a apmcific use permit (&-lSl) for
a day care center to the two family (2-r) classification on a parcel
approximately 0.703 acre in size. The property is located along the
west side of Stuart aoaa beginning approximately ll00 feet north of
the intersection of Stuart Road and Windsor Drive and is more
particularly aescribed as lot 4, The Village - Phase I.
The Mayor opened the Public Hearxng.
No one spoke in favor of the petition.
~r. Guy Williamson, 1509 Stuart, stated he was not in favor or
opposition to the petition but wanted to know why he was not
notified of the request to change the zoning.
City Manager Hartung stated that the notification for 1509 Stuart
was mailed to Mr. Bill Nash.
Ms. Marilyn Hamilton, Sierra Drive, stated she was in op~ozition to
spot zoning changes and felt the neigA~orhood should rs~ain single
family dwellings.
The ~ayor closed the Public Hearing.
David ~llison of the StaZ~ reperted the history of the property and
stated this change represented down zoning.
The ~ollowing ordinance was presentedt
NO.
AN ORDINANC~ AN~NDING TH~ ZONING MAP OF TH~ CITY OF DENTOH,
O~I~CES OF T~ CITY O~ D~N~N, T~S, ~ O~IN~CE
69-1, ~D ~ SAID ~ APPlieS ~ APP~K~LX 0.703 A~
VIL~, P~E I ~D A~NG T~ W~T SID~ OF STUNT
B~GINHIHG APP~X~TE&Y 1100 F~ET ~ORTH OF T~ INT~ECTIO~
OW STUNT RO~ ~D WINDSOR DRI~; ~D D~C~ING
~FF~CTI~ DATE.
~ew ~tion that the ordinance be adopte~. ~tion d~ed for
a second. RlOdlesperger motion, ~kinl second to table. ~otion
carried unanimously.
C. The Council considered the pe~i~ioR of William
develo~ent (PD-24) to ~he planned development (PO)
on an approximately 19.176 acre parcel beginning at the
corner of S~uart and Windsor anU mxtmn~ing appzoxl~tely 1150 feet
northward and terminating a~roximately 230 feet sou~h of
Drive. If approved, the planned ~e~elopment (PD) will permit the
following land
1. Green~lt area - un 4.026 acres
2. Single family (SF-7) - on 1.65 acres
or 4-91exee - on 5.0 acres premen~ly zoned
single ~amily
4. Two ~ily (duplexes) - on 8.5 acres ~=esen~ly zoned
single f~xly
The Mayor opened the Public Hearing.
Mr. William Nash, developer, spoke in ~avor of ~he petition stating
teat Ae ha~ been working on tAe parcel for 5 or 6 years. Single
f~ily nooses are not selling in ~A~s area but Am felt that duplex
193
City Council Minutes
Meeting of April 5, 1983
Page Nine
housing would Eell. The area would be buf:ered by a creek between
single and duplex housing.
ME. Marllyn Hamilton spoke in op~osition stating that the traffic
would be increased and that the houses would be in danger of
flooding.
Mr. ~urt Hill, resident, stated the traffic congestion would be
increased and the pedestrian traffic in this area is heavy. Mr.
Hill stereo ha was concerned about the quality of the neighborhood
and that be had moved into this area because it was single family
dwellings. Bill stated he unoeratood Mr. Nash's proposal but was
still concerned about the traffic situation.
Mr. Guy William~on, 1509 Stuart, stated he hag bought his property
with the expectation that the area would re~ain single family
MS. Donna Fielder, 520 ~n, stereo she had lived in =he area for
only 3 months and ~a~ cZ the ~ecimion to loca~e in this
neighborhu~ was due to its ~ing single family dwellings. Ms.
Fielder state~ she thought the purpose of zoning was ~o protect
neigh~rho~s.
Mr. Naeh, ~es~n~ln~ to the op~sition, stated tha~ the ~ra~fic
proDle~ ha~ ~een studied by the Cit~ engineers and that Oue to the
tho=Glares of 8~erman Drive, S~uart ~ad an~ Windsor Drive, the
traffic increase shoulo not be a ~roblem. Mr. Nash restated that he
woul~ prefer =o sell single ~,mily houses, but hag been unable to do
David Ellison of the Staff showed an overhead projection of the site
and the ~oning. Thirty-~wo reply forms were maileO out an~ eleven
were returned in op~omi~ion. ~llison s~ated tha~ =he Denton
Develo~n= Gui~e calls GU: specific criteria for low density
planned ~evmlo~mn~. The Plannin9 an~ Zoning Co~ission had added a
stipula~io~ =hat miuewalks ~ pzovioed a~er 25% of the lots had
been sol~. Transition an4 ~u~fmreO areas ha~e Dean provi~mo. The
traffic Oue ~o du~leKes woul~ increase Dy two time~ what single
f~ily Boumin9 woul~ generate but not more than t~o times the
traffic. Mr. Ellis~n stated tha~ the Planning anO Zoning ~ission
had reuo~ended a~proval.
~yor Stewart askeO if ~his zoning change took into account the
eKtension of Bell Avenue.
Ellison reeponde~ =hat ~he pzo~se~ ex~ension of Bell Avenue woulO
bypass thie area.
Alq ORDINA~NCE ~4E4~DING TH~ ZONING MAP OF TH~ CITY OF D~N~N,
TE~, ~ 8~ W~ ~ ~ ~ APPENDIX ~ T~ ~E OF
O~%N~CES OF T~ CITY OF D~N~N~ TE~ BY O~IN~CE NO.
69-1~ ~D ~ ~AID ~P APPLIES ~ APPROXI~T~hY 19.176 ACRES
OF ~D~ ~ OR ~SS, OUT OF T~ B.B.~. & C.R.R. SURLY,
~T~CT NO. 186~ ~D D~C~ING AN ~FECTI~ DAT~.
AlforU motion, Riddles~erge= mecon~ to deny the change in zoning.
On roll call vote ~pkinm "nay", ~tephenm "aye", Alfor~ "aye",
RxOOlesperger "aye", Chew "nay", and Mayor "aye". Motion ~o deny
carrxe~ 4 to 2.
194
City Council Minutes
Meeting of April 5, 1983
Page Ten
D. The Council considered the petition of H.J. and Ann
M~nton requesting a change in zoning from single family (SF-7) to
the office (O) classification on a 0.486 acre tract located at 1600
and 1~08 Bernard Street and 702 Stemmons. (Z-1568)
The ~ayor opened the Public
Curtis ~oveless, lawyer representin~ the Rintons, handed out.
opposition from t~e Planning and Zoning Co,lesion was due =o the
lac~ o~ control on buildings which were clamsified in the office
clamm~f~cation. M=. ~veles8 s~ated that ~him Oevolo~nt would
a 8ignificant improvement =o the area, there were no
from ~he residents, and it would pro,ute revenues for the City.
MO one spo~e in
The ~yor closed the Public Hearing.
Je~ ~yer, Director of Planning a~ ~unity D~elop~nt,
=ha2 7 reply ~or~ were mailed out with 3 returned in favor.
s~at~ that the pro~lem is not with the aErang~n~ bu~ that 2he
Planning and Zoning Co~ismion requireO more ~iM ~o study access.
The P~Z would race,erie denial of the office clams~fioa~ion
would race,end approval of a planneO development
~pkin8 motion, Riddlesperger second to =able the issue ~o ~ive
~titione=s an opportunity to request a planned develop~nt
Alford "aye", Riddles~=ger "aye", Chew "aye", and ~yor "aye".
~tion to table carried 5 to 1.
E. The Council conslOered the ~etition of Mr. Allan Getz
of land oonsis~ing of approxl~=ely 39.313 ac=es l~ated along the
east side of ~ayhill ~ad i~ediatmly north of pzo~=ty owned by
~d~ow Corporation.
~r. Tom Jester, lawyer representing ar. Gets, spo~e in favor of the
pmti~ion. Mr. Jester stated that he was aware of hesitancy
clefs enough to 1-35 ~o ~reclude any traffic
Mr. S. ~. ~elson, consulting en~ineer, sta~ed ~th ~evelope=8 are
problems exist.
Mr. Allan ~tz, owner, stereo [ha~ he was in[erected in a long term
inveatment amc ~hat would ensure [he quali[y of 2he ~ark.
Mr. John Stock[on, owner/developer, S[Ited tha~ ~noy from the
would De reinvested in maintenance and develo~nt. Stock,on
Council member Stephens asked ~he Mr. ~tz o~3ected =o more light
in~uo~rial zoning in th~s area.
195
city Council #inures
Meeting of A~ril 5, 1983
Page ~leven
the mobile home park and a green area exists between the park and
the Andrew Corporation.
The ~dayor closed the Public ~earing.
David Ellison of the Staff stated that the water and sewer problems
would be addressed Outing the platting ~rocess. The fencing is
required by t~e City's mobile home ordinance. ~llison stated that
traffic would be a problem. If ~ayhill Road is included in the
extension of ~oop 288, 60 feet of right-of-way would be required.
The ordinance being presented did not include a site plan.
City Attorney Taylor stared that a site plan must be included before
the ordinance could be adopte~.
~llison re~lied ~hat a mite plan had been submitte~ wi~h a 30 foot
ripht-of~ay but the Planning and Zoning ~is~ion reco~ended a 60
foot right-o~-way. The petitioner has chosen not to submi~ a
revised 60 ~oo~ right-of-way site plan.
~O. 83-34
~ O~IN~ G~TI~G A ~PSCIFIC USS PE~IT ~D ~NDING
T~ SONING ~ dP T~ CITY OF D~N~,
~PTED ~ ~ ~PSNDIX ~ T~ CODS O~ ORDINalS OF
CITY OF DE~N~ TS~ BY O~IN~C~ NO. 69-1~ ~D ~ SAID
~P ~PLI~ ~ ~P~X~TELY 39. 313 AC~S OF ~D,
B~ING ~T~D ~NG T~ S~T SIDE OF ~YHILL ~ ~ SH~N
ON THE TAX ~S OF THE CITY OF DENON, TE~; ~D
DECKING ~ EFFECTIVE DA~.
Hopkins motion, Chew second %o adopt the or~inance with t~e Planning
and Zoning =eco~ndation of a 60 fcc= right-of-way Oedication. On
=oll call vo~e Hopkins "eyed, Stephens ~aye
unani~usly.
W. ~e Council considered the petition of R. J. Button
develop and operate a mo011e ho~ 9ark in an agricultural (A) zoning
district. The property to=als approximately 83 acres in size and is
~Teasley Lane).
mr. R. J. ~ut~on, developer, s~ke in ~avo= o~
~ut~on sta~e~ ~hat this ~uld be a mobile home park and not a
su~vision as l~ woul~ all be un,e= one ownership.
re~o=~ed =ha= he had given eaaemen~ ~or ~he HicKory Creek ~ewer line
and was ins%ailing an 8 inoh water line.
No one spoke in opposition.
The ~yo= cloeed ~he PuDllc Hearing.
David Ellison of ~he Staff re~r=ed tha~ 14 reply ~orms had been
mailed out and 4 had Deen returned in opposition.
Council ~e= Rlddles~=ger asked about ~he ;lans to improve
~binson
Ellison ~mplied tha~ ~binson ~ad was not included in the
annexation and would be ~Lntained Dy ~he County.
City Manaqer Hartung stated ~ha~ ~iscussions had Deen held with the
~unty ~ismionerm regarding main~enance bu~ nothing firm had been
agreed u~n.
196
City Council ainutea
Meeting of April 5, 1983
P&ge Twelve
Itayo: Stewart questioned aa to whether the extension of hoop 288
: igh~-o~-way. The park was already unde: co~truction when
anaexation proceedings were begun.
The ~ollowing ordinance was
NO. 83-35
~ O~N~ ~TING A SPECIFIC USE PB~ZT ~D ~NDING
T~ ~O~ING ~P OF T~ CITY OF DENON, TS~, ~ S~
~P~D ~ ~ ~PENDZX ~ T~ ~DS OF O~IN~S OF T~
CITY OF DSN~N~ TS~ ~y O~IN~ NO. &9-1~ ~D ~ 8AID
~P APPLIES ~ ~XI~TE~Y ~3 AC~S OF ~D~ ~D B~ZNG
~T~ A~NG T~ ~RTH SIDE O~ ~BINSON ~ ~ ~T
F.M. 2181 (TS~Y ~S) ~ SH~N ON T~ T~ ~8 OF T~
CITY OF D~Ne TE~I ~D D~C~ING ~ E~SCTI~ DAT~.
~ew ~o~ion, ~ford aeconO to adopt :he otdina~e. On :oll call
G. The ~uncil considered ~he ~ti=ion of :he Coastland
allow expansion of the existing ohlldren~ ho~ a= 1304
begins at t~e nottawest corner of aernard and G:eenlee. (~-167)
The ~yo: opened :he Public Hearing.
~:. Bill Thomas, Vice-PgesiOen: o~ the Soars of Trustees o~ the
C~eglanO Presbyterian Chil~ren~ Home, a~k~ :he ~uncil
app:ove the
~ one e~ke in op~eitton.
The Rayor closed the ~blic Heating.
David ~llison o: =he Staff ate:ed this was a legal non-conforming
uae and ~as in axis:enos before :he ~oning ordinance was adopted.
The ~ollowing ordinance was
NO. 83-3t
~ O~IN~C~ ~TING A SPECIFIC USE P~IT ~D ~ING
T~ ZONING ~P O[ T~ CITY OF OE~N, ~ ~ 8~
~ED ~ ~ APPENDIX ~ T~ ~O~ O~ O~l~S O~ T~
CITY OF Oa~, T~, ag 0~I~ ~. 69-1, ~O ~ SAID
~P APPblg& ~ APP~X~T~LY 17.359 ~ OF ~O
BEING ~T~ AT T~ ~RT~E~T ~RR OF BE~ ~D
~N~E, ~ SH~N ON T~ TAX ~ OF T~ CITY OF
Alford mo~ion, ~ew mecon~ to adopt ~he ordinance. On roll call
vote ~pKins "aye", S:epbens "aye", Alfo:d "ayes,
"aye", Chew "aye", and Mayor "aye". ~tiOn carried u~nimously.
8. OtUinances =
A. The Council cons~ete~ app=oval of an o:d~nance
amending A~pendix a - Zoning, of :he Code of Ordinances of the City
o~ ~nton, Texas, 1969, as ~ended, by aeleting in the appenaix
illus::ation thereto the exce~2ion to the :equl:ed side yard fo:
accessory Ouildinga where a Ei=e ~all is ~:ovided on 2he lo~ line,
and provi~ing ~o~ an e~:ective Oate.
197
City Council Ninutes
~iee=ing of April 5, 1983
Page Thirteen
Charlie #atkins of the Staff state~ that the zoning ordinance has
several ap~ndix illustrations. The Staff is requesting this
illustration be repealed.
The following ordinance wes
NO. 83-37
A~ ORDZNA~C~ AMENDING APPE~ZX B-~ONING OF
O~IN~ OF T~ CigY OF D~N, ~ 1969, ~ ~NDED,
BY D~TZ~ IN T~ APPENDIX I~U~TION T~ T~
~X~ZON ~ T~ ~I~ SID~ Y~ ~R ~C~SOR~ ~UZ~IN~
W~ A FI~ W~L l~ P~VZD~ ON T~ ~T LXNM~
P~VZDING ~OK ~ ~Z~ DAT~.
Stephens ~ion, Ridalea~rger ~econd ~o adopt the ordinance. On
roll ~11 vo~e ~pkins "aye", S~ephens "aye", Alfo=d "aye",
Rldoles~zgeg "aye", Chew "aye", a~ ~yor "aye".
uaani~ully.
~. ~e ~unoil =onmidereO approval of an ordinance
amending ~iole 18 of Ap~n~iM B - Zoning of ~he ~e of Ordinances
of ~he City o~ ~n~on, ~xaa, 1969, as ~ended, by
therefrom the ten (10) foot rea= ya:d requirement for
buildings, and ~zoviding for an effective date.
~arlie Wat~i~ state4 the Planning and Zoning Co, is.ion had found
~his provision to be inconsistent wi%h the 3 feet set back.
The following ordinance was presented:
NO. 83-38
~ O~IN~ ~I~G ~TIC~ 18 OF APP~DIX B-ZONING OF
T~ ~DE OF O~IN~S OF TH~ CITY OF D~N~N, T~, 1969,
~ ~ND~D, ~Y D~TING T~EFR~ T~ T~N (10
Y~ ~I~T ~R AC~SORY SUITINGS, ~D P~VIDING
~ SFF~CTI~ DAT~.
~p~ins ~tion, ~ew second to adopt the or~inance. On ~oll call
vo~e ~p~inl "aye"~ Step~ens "aye"~ Al~ord "aye", Ria~lesperger
"aye", Chew "aye", ina ~yo= "aye". ~tion carried unanimously.
C. The ~uncil conaider~ approval of an o=ainance
approving aba~o~mnt ann quitclaim of easement to Texas Po~er anO
~ignt ~pany (Grantee, J.A.
The following o:dinance was
NO. 83-39
~ O~IN~ P~VIDING ~R T~ ~~NT OF A UTILITY
~NT WITHIN T~ CITY OF DENON ~D ~THORIZING TH~
~YOR ~ ~CU~ A ~I~ DEED ~N~YING ~L RIGHT,
TIT~ ~D INTS~BT OF T~ CITY IN SAID ~NT
~NER OF T~ T~CT OP ~D ~NVgYSD BY SAID ~NT; ~D
D~C~ING ~ SPF~CTI~ DATE.
Hopkins motion~ Chew second to adopt Che ordinance. On roll call
vote Hopkins "aye", Stephens "aye", Alford "ayes, Riddlesperger
"ayes, ~ew "ayes, and ~o~ "aye". ~tion carried unanimously.
D. T~ ~uncil considered app=ov.1 of an ordinance
approving abando~nt of an sale,at (Stratford ~dition).
~ob Nelson, Director of U~tlitiea, reported that the ~orth Stuart
~ao develo~r had place~ a build,ag 4 feet over the
=he Cxty needed to abandon the easement.
~City Council ~inutss
Meeting of A~ril 5, 1983
Page ~ourteen
The following ordinance was presented:
NO. 83-40
A~ OI~OINA/~C~ PROVIDING ~OR TH~ ~A~DO~4~NT OF A UTILITY
~NT WITHI~ T~ CI~ OF DE~TO~ A~ AUTHORIZING T~
~YOR ~ E~CUTE A QUITC~ D~D ~N~Y'i~G ~ RIGHT~
TIT~ ~D I~T~ST OF T~ CITY I~ ~AID E~T ~ T~
~R OF T~ T~CT OF ~D ~Y~D ~Y ~AID ~NT;
D~C~ING ~ ~CTI~ DAT~.
~ew action, Hopkins seconO to adopt the ordinance. ~ =oll =all
~aye~ Chew "aye", and ~yo= "aye~. ~tion carried
~. The ~uncil considered a~proval of an orainance
canvassing the election returns and calling a run-off election if
~ecesaary.
The following ordinance was presen~ed~
~0. 83-41
~ O~IN~ ~V~SING T~ ~TURNS ~D DECKING T~
~U~TS OF T~ ~GU~ NUNZC~P~ ~CTION ~ IN T~ CITY
OF D~N~N ON APRIL 2, 1983.
~ew motion, Stephens second to adopt ~he ordinanoe. On roll call
vo~e ~Dkins "aye", Stephens "aye", Al~o=d "aye",
"aye", Chew "aye", and ~ayor "aye". No,ion ca=tied unanimously.
9.
The Council considered a~p=oval of a resolution sup~rting
legislation to increase the botel./~el occupancy =,x from 4~
City ~nager Hartung turned ~he discussion ove~ =o ~=. Clovi~
~=riason of the Greater Denton Arts Council.
Nr. ~rrisson reported tha~ this legislation was originally
for 66 but the Greater Denton ANts ~un~il had requested to bracket
=he City o~ ~nton to 5~. This resolution wam the first step and
woul~ have t~ be followeo by an ordinance. Mr. Morri~son presented
the Council with copies of the pro~sed budget f~= uem of the
funds.
~=. Jim Platt, manager of the ~enton ~ma~a Inn, s~oKe ~bat the
~napers of the ~nton motels were in o~9osi~lon to the rate
increase and presented a letter to ~yo~ Stewart. Hr. Platt stated
Council would bring more ove=nigh~ guests to ~n~on. ~.
stated that a more effective use of the tax would be
advertising to at~rac~ visitors to ~nton. He presented a check
the ~ayor for t~e first quarter occupancy tax. Mr. Platt reported
~ha~ the mo~el managers were not objecting ~o mn increase in the
tax, but to =he use of the tax.
The following resolution was presented:
WH~RSAS, it is necessary for the Council of the City of Denton
to support legislation before the House and Senate to amend Article
1269~-4.1, entitled Public Improvements in City, Town or Village!
~onds! Occupancy Tax;
City Council ~inutee
Meeting of April 5, 1983
;age Fifteen
W~, a necessity exists for the increase of revenue
derived from the hotel/motel occupancy tax from four (4%) percent to
five (5%) peroent~ NOW,
BE IT ~OLV~D BY T~ CITY ~CIL OF T~ CITY OF D~N~N,
s~xos x.
Tha~ =he City Council of =he City of Denton, Texas
legi~lation to ~en~ Article 12693-4.1, Public Improvements in City,
Town or Village~ ~onda~ ~ou9ancy Tax ~o enable the City of Denton
to increase its ~tel~tel Occupancy Tax from four (4%) ~=cent to
~ive (5%) ~e=oent.
That a copy of thi~ ~solution shall be fo=warded ~o the
~norable Tip ~11, S~ate ~p=eaen~a~ive, Austin, Texas.
This ~solu~ion shall ~come e~gec~ive f~om and a~ter
Ua~e o~ passage.
P~S~ ~D APPenD this the dam of ,
RICHA~) O. STEWART, Y~AYOR
CITY OF DEMTOM~
aTTeST:
CHAR/~OTT~ ALn~.N, CITY
CITY OF DER~OM, TEXA~
APPKOV~D A~ TO r.~GA~
C. J. TAYLOR, J~., CITY ATTOI~N~Y
CITY OF DENTON, T~XA~
BY:
Alford m~tion, Chew second that the resolution.be ~assed. On
roll call vote ~pkine "aye ", ~tephens "aye , Alford "aye ",
RidOles~rger "aye", ~ew "aye", an~ ~yor "aye".
10. ~e Council consi~ered final ~yment to Moore
Construction ~mpany fo= No=~hziOge drainage.
not completed =he ~=ojec~ on ~ime and ~here was a problem with
some asphalt d~age. ~o~e Cons=ruction had agreed to pay for
20 Oays delay and deduct the cos~ of the asphalt aamage.
Hopkins motion, Chew ~e~ond =o approve the final payment.
Mo~ion carried unani~usly.
11. The Council considered approval of a lease agreement
wi~h ~y ~mta for celica space rental in the Airport terminal
building.
I RBATER OBNTON
AR'TB COUNCIL
April S, 1983
The ~yor, Members of th~ City CouaoiL and ~e City
Denim, Tms 76201
~n tim eve2~t the Texas Legislature authortxs the D~t~ Ci~ ~cil to
~e~e~e tbs boteL/~ ~o~ occup~c~ ~ ~r~ 4~ ~ 5~, ~ M ~e
rale~ ~h tb Cul~lL Cfl~Yeder&tl~ to tb G~oator Den~ ~o Co~ctL,
1. To tb ~nt ~coo,~ to c~pb~ the cme~im ~ ~o
~U Compt~, &LL b ~ ~-b. will b e~t ~ t~t
2. ~g~ w/th ~ ~st ~y ~ the seven~ ~ear, o~ e~tie~ ~
uae ~ ~e FaatL~L. T~ ~orce for ~ ~ae o~ pl~ ~ .ecur~
~tl ~ ~n to ~ Den~ H~l~ricaL Co~lasi~ ~or L~ use. '
~. C~IL, ~ t~er pledges not to seek ~y ~flbF ~creaees ~ t~e ~ ~
Reg~bes ~ b dls~,t~ of ~ present zeq~mt fo~ ~ ~ ~creame, t~
~s ~ciL pl~feo not ~ seek ~y c~e ~ ~e curr~t dAst~t~ ~ the
~l r~ oc~y ~ n~ ~ pi~e, bLb~ ~ It doer ~ b work ~ ~
C~ ~ T~lsm Bure~ ~ o~ ~ D~ Histo~ca~ Co~gei~ are
~ ~r~t ~ worth. Lo fo~ the olt~l ~
tMs te~r ~ its refu~ ~et~, Tuesdty, ~ril 5, 1983.
The Hcnm, abb R.te{m~ O. ~tew~.t
Me,x* G~tyor Denton
{lS ~ MeK~
~ Me~ Rew~,
am~m~t
2O2
City Council Minutes
Meeting of April 5, 1983
A~aiatant City Manager Svehla reported that this was an 8 foot x 8
foot office in the terminal bullring. The proposed lease agreement
was for one year at a charge of $100 per month.
~opkins motion, Stephens second to approve the lease agreement. The
~tion carris~ unanimously.
12. The Council then conaidere~ the request of Ma. Darles
Watson for a curb cut on Cs=roll ~oulevard.
Ma. Watson stated that she owned rental property on Carroll
Boulevard and since there was not adequate room to turn around, the
renterm were forced to back out on Carroll Boulevard. Ms. Watson
WaS requemtin~ ~ermismion for a ~urb cut to allow for a
drive.
M~. Taylor mta~e~ that bmckin~ on~o Ca~oll ~oulmva~d 'p~e~en~ld a
safety hazard to the renters a~ those ~ersona t~avelling on
8o al to leave adequate mpace to turn around.
~. Watson resented that the garage had been converted to an
coom and the lo~ line wam too clome to ~rmi~ an~ space for a
S~e~hens motion, Hopkins second ~o table until the ~ril 19
~e=ing. ~o~ion ca,tied unanimou~ly.
The Council considered approval of a con~=ao2 with David
Griffith to complete the inoirect co~t allocation for 1982-83.
~ill ~ary, DirectOr of Finance, re~orted %ha= 2his was the firm
as ~hey were more familiar with the City of Den~on'e o~ra~ions.
~p~ins motion, Alford second =o approve ~hm contract.
carried unani~usly.
14. The Council considered approval of ~ange Orders %2 and ~3,
C-48-1188 ~n~ract "A" and Change Orders ~3 and %4 Contract
Intercep~or Sewers-Section 2, for Cullum Construc~ion Company and
F=meme and Nichols,
Bob Nellon, Director of Utilities, i=ated that theme change
fo= fur the Bickory Creek sewer lines and reflecte~ a "olean ua" of
Blddlesperger motion, Chew second to approve the change
~lon carried unanimously.
15. The Council considered approval of Change Order 912,
C-48-1188-03, Wamtewatez Treatment Plan=, from Gracon Conetruc~ion
Company and Freese and Nichols,
~ob Nelson re~rted ~hat ~his should ~e the Einal change
Council ~m~rs Hopkin~ stated =ha= he haO been concerned over the
numOe= of change orders and %he ~ounts. ~ questione~ ~s ~his was
~he result cE poor planning on the pa~t of Freeme and ~ichols.
~lson responde~ =ha~ some of the chan~e creese were to correc~
o~erational ~roblems and moms could have been ~laced on next year's
budget but =he U~ility Department wan~ ~o put the change orders on
now ~o try to get 2~e EPA to 9ay part of the cost.
2O3
City Council Minutes
Page ~lventeen
Riddlesperger motion; ~ew second to approve the change order.
Motion carried unanimously.
16. The Council conlider~ approval of Change Order #2,
C-48-1188-13, Hickory Creek Lift Station ~or Red River Construction
Company.
Bob Nelson reported that ~his change order was for asphalt treatment
of the road.
Chew motion, Stephens second to approve the change order. Motion
carried unanimously.
17. The Council considered approval of a request for quitclaim
of two alleys located in block 1 and block 2, Railro&~ A~dition.
David Kllimon o~ the S~aff ~e~rted ~at these two alleys were built
over Bore=al years a~o. The ordinance executing the quitclaim would
Stephen~ motion; Alfo=~ seoo~ bo approve the request. Mo=ion
carried unmni~uslF.
18. The Council conside[ed the approval
0.0434 acre s~ip of zi~ht-of-~my locate~ along the west side of
Teasley ~ne a~ the interle~tion of Teimley and ~ndonderry. (Q-56)
~vid ~lli~on zl~rted ~ha~ ~he right-of-way which was Oeaicated was
in excesl of the =equl=e~ntl. The quitclaim would allow this extra
right-or,ay to bm used as ~r~in~ area for several
Teasley
Council ~mbez ~te~hen, liked how far down Teasley Lane did the
CBew mo~ion, Stephens seco~a ~o table until the exact length of the
excesi ~ig~t-of-wiy WaS de~ermined. ~=ion carried unanimously.
19. The Council reoelve~ a re~ort on the 1983 legislltive
session.
City ~ager ~tuBg i~a~e~ ~a~ the Texas Munici~al ~ague
furnishes the Cl~y with l~islative re~rts which include a synopsis
of ~he bills before the ~use an~ Senate and the ~mi=ion %akin by
~L. ~m=e were several ~ills which might require someone to travel
=o ~sbin. ~=tung asked ~he Council how they would like to handle
this.
It was the concensus of ~hm Council that wBen this situs=ion arose,
=he City ~naper should call ~e Council and have a representative
from the Council ~ravml %o
20. The ~uncil t~en oimcu8meo the selection of
per~orm ~he fiscal ye,r 1982-83 audit.
~yoz S~mwar~ ~ta~md thm~ he would li~e ~or the Council to airect
the City S~af~ ~o begin the selection process.
~uncil ~m~= ~iddlespe=gez ~atld that the City ~uld have to go
out on
Council ~m~= Hopkins state~ that since the birector of Finance was
leaving, it woul~ be an a~=op~iate time now to change auditors.
204
City Council Minutes
Meeting of April 5, 1983
Page Eighteen
21. official action on ~axeoutive Session itemst
A. Legal Matters
The Council considered a resolution and agreement
between the City of Denton and the Town of Cross
The following resolution was presentedt
RESOhUTION
WH~R~, it is necessary for the Council of the City of
~n~on to authorize an ~reement between =he City of Denton and the
Town of Cross ~ads concerning the City of Dmnton'm existing ~osley
~ad sanitary landfill mite; NOW, T~O~,
~ IT ~O~D BY T~ CITY ~URCI~ OF T~ CITY OF
That the ~yor of ~he City of ~nton,
aut~otized to execute an ~rem~nt between ~m
~hm Town of Cromm ~adm in consideration o~ the mutual convmnan~m
met out in the ~reement attached hereto.
P~S~ ~D A~PRO~D t~im the 5~h day of ~ril, 1983.
RICHARD O. ST~WART~ ~4AYoR
CITY OP
ATTEST:
CI~I~I~E AL~.~N, CITY SEC~TARY
CITY OP DENTON, TEX~
APPROVED A~ TO i~mG~Ja
.C. J. TAYLOR, JR., CITY
CITY OF D~N'~N, Tm~
Chew motion, Hopkins second that
, remolu~ion ~ passed. On roll
call vo~e ~pkina "aye~, Stephens "ayes, Alford uaye", RiddLes~erger
"aye", Chew "aye', and ~yor "aye'. ~tion carried unanimously.
22. The Council considered aOoption o~ an m~tgency or,in,nee
prohibiting parking on both sides of Carroll ~oulevar~ during the
annual Spring Fling.
The following orOinance ~as
~o. 83-42
~ O~I~C~ PROHIBITING T~ P~KING OF ~HIC~ ON ~OTH
SIDE~ OF ~L ~O~V~ ~O-HUND~ FIFTY ~RT (250')
NORTH OP FAIN ST~ET ~ ~ DRI~ DURING T~ ~NU~
89RING FLING ~ BE ~ APRIh 16 ~D 17,
D~C~ING ~ ~FF~CTIV~ DATt.
Chew motion, ~pkins second to adopt the ordinance. On roll call
vote Hopkins "aye", Stephens "aye", Afford "aye", Riddlesperger
"aye~, ~ew "aye~ and ~ayor "ayes. Motion carried unanimously.
205
City Council ~inutes
Meeting of ,~ril 5, 1983
Page Nineteen
23. The Council then considered the administration of the oath
o~ office to newly elected Council
City 8e=rstary Allen ad~lnis~ere~ the oath of office to duly elected
Council I~embers Alford, ~ew, Rl~lesperger, and ~tephens.
24. New Buminesm
The following items of new business were suggested fog
future
Council ~e~e~ Chew rm~ue~te~ a review of the signal light at Bell
Coon=il ~er Riddllm~=ger requested a resolution in support of
the Baha~i~ on the ~ril 19
0769C
206 CITY COUNCIL MINUTES
April lg, 1983
The Council convened into a work session at S:30 p.m. in the Civil
Defense Room of the Municipal Building.
PRBSENT: Mayor Stewart, Mayor Pro Tam Stephens, Council Member
Barton, Hopkins, Al£ord, Riddlesperger; City Manager,
City Attorney, and City Secretary
ABSBNT: Council Member Chew
1. The Council considered initiation o£ annexation proceedings~
on a proposed 258.$ acre residential subdivision consisting o£ 50
lots, located along the south side of Jim Christal Road and on the
west side of Hickory Creek.
Charlie Watkins, Senior Planner, reported to the Council that the
area under consideration for annexation is a proposed residential
site. The area is located one mile northwest o£ the north end o£
the runway at Denton Municipal Airport. Watkins stated that he had
contacted Chuck Hale of the Federal Aviation Administration and had
received a noise contour map o£ the area. The property under
consideration is in zone A with a noise racing o£ 0 to 90. An
additional parallel runway in the future would extend the noise
contour. Watkins reported that the developers intention is to build
streets to County specifications. The subdivision standards for the
extra territorial Jurisdiction would ensure that the developers
build to City standards. I£ annexed, the area would initially be
zoned agricultural. The proposed development of ranch-type estates
would be appropriate under this agricultural zoning. Watkins stated
that under state statutes, a city can zone an area near a municipal
airport even if it is not within the city limits.
Mayor Stewart asked if developers can build residences in an area
zoned Light Industrial or Agricultural under the City's zoning1
ordinance.
WaCkins replied that the two classifications of zoning which
restrict residential building are Heavy Industrial and Planned
Development.
Mayor Stewart stated that perhaps a letter should be sent to the
developers stating the problems that the City had with residential
developments near the airport.
Council Member Hopkins stated that the developers could build on the
property using the ranch estates category o£ zoning.
Watkins reported that taking into account the property which had
already been annexed this year, an additional ten square miles could
still be brought into the city limits. The area in question would
be only one square mile.
Council Member Hopkins replied that he was in favor of the option of
zoning the area around the airport and not annexing.
City Manager Hartung reported that the Council may want to consider
annexing the two tracts in question and also proceed with the
airport zoning. The Council could stop annexation proceedings if
they so desired.
Council Member Riddlasperger stated this procedure would alert those
considering £uture construction within the extra territorial
jurisdiction that the City could annex the property to ensure
orderly development.
City Manager Hartung stated that with the proposed extension of Loop
Z8$ and the Hickory Creek sewer line the areas outside of the City
limits are developing very rapidly. Hartung recommended that the
Council initiate annexation procedures, proceed with the airport
zoning, and review with the Planning and Zoning Commission the
City Council Minutes 20?
Meeting of April 19, 1983
Page Two
routing o£ the sewer line and the proposed Loop 288 to determine
which areas would warrant consideration for future annexation.
Riddlesperger motion, Hopkins second to initiate annexation
~roceedings with the understanding the proceedings could cease if
he airport zoning statute is used. Motion carrie~unanimously.
Council Member Chew arrived.
2. The Council discussed the Alexander Grant Management Report.
Bill McNary, Director of Pinance, stated that in light of the fact
that he was leaving, he would like to make a few statements. McNary
reported that £or the first time a financial statement was provided
to the Council which was unqualified. The first year, Alexander
Grant did not did make any statements regarding the internal control
in the utility bill system. There were no comments in the report
regarding any internal control problems. McNary then highlighted
several areas of the report.
City ~anager Hartung stated that the Staff was attempting to
streamline the utility billing system in order to mail correct bills
in a timely manner. The City is in the process of locating all
meters and cross referencing to the installation list to be sure
they correspond.
McNary added the Staff was evaluating whether an internal Collection
Department would be necessary.
The Council convened into an txecutive Session to discuss legal
matters, real estate, personnel, and board appointments. No
official action was taken.
The Council then convened into the Regular Meeting at 7:00 in the
Council Chambers.
PRESENT: Mayor Stewart, Mayor Pro Tem Stephens, Council Member
Barton, Hopkins, Aliord, Riddlesperger, and Chew; City
Manager, City Attorney, and City Secretary
ABSBNT: None
1. The Council considered approval of the Minutes of the
Regular Meeting of April S, 198~.
Riddle&perger notion, Chew second to approve the Minutes as
presented, ~lotion carried unanimously.
2. Consent Agenda
A. Bids and Purchase Orders:
1. Bid # 913~ - Ammonia tank and anhydrous ammonia
2. Bid # 9135 Lease/purchase o£ equipment
3. Bid ~ 9137 Carpet and installation
4. Bid ~ 9139 Turf fertilizer
5. Bid ~ 9140 Miscellaneous water supplies
6. Bid # 9141 - Compound meters with flanges
7. Bid ~ 9144 Rebuild Pump
8. Bid # 9145 Repair parts for electric turbine
City Council Minutes
Meeting of April 19, 1983
Page Three
B. Plats and Replats:
1. Approval o£ the final plat of the Aamco Addition.
(The Planning and Zoning Coamission recomaends
approval.)
2. Approval of the final plat of lots 1 and 2, block
A, Guy Laney Addition. (The Planning and Zoning
Commission recommends approval.)
3. Approval of the final replat of lots 3, 4 and $,
block 1, Hillside Addition. (The Planning and
Zoning Couission recoamends approval).
Council Member Hopkins asked that item 2.A.$ (Bid # 9137 for carpet
and installation) be removed from the Consent Agenda.
Hopkins motion, Chew second to approve the Consent Agenda with the'
exception of item 2.A.3. Motion carried unanimously.
Council Member Hopkins asked why the lowest bid for item Z.A. 3. was
not being used.
John Marshall, Purchasing Agent, responded that the the lowest bid
did not meet specifications and that both bids in the package were
alternate bids.
Council Member Hopkins asked who had measured the yardaie.
Marshall answered that the bidders and the Staff had both measured
the yardage. The bids were evaluated by the highest estimate so as
ncc to exceed the price in the bids. ~
Hopkins motion, Alford second to approve item 2.A.$ for carpet and
installation. Motion carried unanimously.
The Council considered approval of a contract for $9,900
for Human Services study. (The Human Resources Committee recommends
approval.)
Mayor Stewart asked what was the purpose of the study.
Charlie Watkins, Senior Planner, reported that the contract would
furnish the Council with information on what services are being
provided by those agencies which the City helps to fund and also the
~uality of the services provided. It had been six years since the
asr study was completed and updated information was needed on
possible gaps in services and also to establish criteria for social
services.
Council Member Riddlesperger commented that the study would help the
Council to see how efficiently services are being delivered by the
agencies that the City funds.
Council Member Hopkins asked if the last survey information was out
of date.
Council Member Riddlesperger responded that the Council should kno~
what the people want and need and if the City is spending money
wisely on services which are now being offered.
Chew motion, Riddlesperger second to approve the contract. Motion
carried unanimously.
2O9
City Council Minutes
Meeting of April 19, 198-~
Page Four
4. Public Hearings
A. Z-1569. The Council considered the petition of John
Narsutis requesting a change in zoning from single family (SF-7) to
the two family (Z-F) classification on property located on the east
side o£ Carroll Boulevard north of Fain Street. The property is
more particularly described as lots 6 and 7, block A, in the Richard
A. Harris Subdivision. (The Planning and Zoning Commission
recommends approval.)
The Mayor opened the Public Hearing.
Mr. John Narsutis spoke in favor 0£ the petition stating that the
Planning and Zoning Couissionhad recommended approval. Mr.
Narsutis also stated that a nursing home facility is across the
street from the proposed development and the change in zoning
single racily to two family classification would allow for
duplexes. Mr. Narsutis reported that persons who have someone in
the nursing home could take advantage is this type o£ housing and
that there are several non-con£orming uses in the neighborhood. Mr.
Narsutis also reported that the property was subdivided in 1949 and
that single member dwellinBs are no longer being constructed in this
area. There are fr~e ho~es in the area and the proposed brick
structures would be an asset.
Mr. Lloyd ~reen, area resident, spoke in opposition. Mr. Green
stated ~hat he had lived in the area for ~2 years and ~as
representini other neiihbors who ~ere mostly senior citizens.
Green handed out a petition to the Council. Mr. Green stated that
the neiihbors felt that duplexes were not needed in this kind
neighborhood. ~r. Green also stated that he had tried to buy this
particular property in the early 19$0's and had made another offer
on the proper~y 120 days cio.
Council Member Riddlesperger asked ii most oi the people in this
neighborhood o~ their own homes.
~r. 6reen replied yes, but no~ everyone had been in the neighborhood
as loni as he had. Most of the neighbors ~ere older persons.
Council Member Alford asked if there ~as other rental property
the area.
~r. Green replied ~hat there ~as some rent proper~y on Denison
Street.
Council ~ember Hopkins asked ii all of the persons who had signed
the petilion lived in this particular area.
Mr. 6reen replied yes.
The ~ayor turned the floor back to the pro side for rebuttal.
Mr. Narsutis stated that there were not all single family dwellings
in the neighborhood and that there ~as rental property. This
particular property had never had any construction on it. There are
many duplexes in the area and that he believed this development
would be an asset to Denton.
Council Member Barton asked if ~r. Narsutis had any reason
believe ~hat the persons who ~ould rent the duplexes would not help
the residents of the nursing hose.
Narsutis responded tha~ he believed the location would attract a
certain type of renter ~ho would be sympathetic to the older
neithbors and the residents oi the home.
210
City Council Minutes
Meeting of April 19, 1985
Page Pive
Council Member Riddlesperger asked Mr. N&rsutis if he would be
opposed to selling these lots now if Mr. Green and his group wanted
to buy them.
Mr. Narsutis answered that he wanted to build the duplexes to make
money renting them out. He and his contractor had built similer
duplexes in Pilot Point end Aubrey and were not in the land sales
business.
The Mayor closed the Public Hearing.
Charlie Watkins of the Staff reported that 20 reply forms had been
meiled out with nine returned in opposition and one returned in
favor. Of the twenty notices mailed, approximately six did not live
in the area. Watkins also stated that there are several duplexes in
the area. The Planning and Zoning Commission felt that the proposal
was not inconsistent w~th the character of this area and recommended
approval by a vote of six to one.
1. The Council considered adoption of an ordinance
chsnsling the zoning from single family (~P~-'?) to the two
(2-PI classification on property located on the east side of Carroll
Boulevard north of Pain Street.
The following ordinance was presented:
NO.
AN ORDINANCE AMENDING THE tONING MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTBI) AS AN APPENDIX TO THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO.
69'1, AND AS SAID MAP APPLIES TO CITY LOTS 6 ~ 7, BLOC~
OF THE RICHARD A. HARRIS SUBDIVISION; AND MORE PARTICULARLY
DESCRIBED HEREIN; AND DECLARING AN BFFECTIV~ DATE.
RiddlssperEer motion, Alford second to table. On roll call vote
Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion to table
carried unanimously. Council Members Barton and Hopkins stated for
the record that they were in favor of the zoning.
B. 1-1570. The Council considered the the petition of
the City of Denton requesting a change in zoning from two
(2-F) to the planned development (PD) classification for office (O)
use on an approximately 25,000 square foot lot located at 414
Parkwey (city lot 15, block 431) on the northeast corner of Parkway
and Carroll Boulevard. (The Planning and Zoning Commission
recommends approval.)
The Mayor opened the Public Hearing.
Charlie Watkins of the Staff stated that this petition was generated
by the City of Denton. The Chamber of Commerce building is located
on this property and the area is zoned for two family dwellings.
The City owns the property and would like to legitimize the zoning.
The Planning and Zoning Commission recommended approval with the
condition that the portable advertising sign be allowed to remain on
the property.
Council Member Riddlesperger asked why the Chamber needed the siEn
and how was it decided who could and could not advertise on the sign.
Chuck Carpenter of the Chamber of Commerce responded that only
charitable, non-profit organizations can advertise on the sign.
Council Member Riddlesperger questioned why the Chamber needed a
portable sign.
211
City Council Minutes
Meeting of April 19, 1985
Page Six
Council Member Chew sugBested that the Chamber put up a permanent
sign such as the one at the Civic Center.
The Mayor closed the Public Hearing.
1. The Council considered adoption of an ordinance
changing the zoning from two.family (2-F) to the planned development
(PD) classi£ication for office (0) use on an approximately 25,000
square foot lot located at 414 Parkway.
The following ordinance was presented:
NO.
AJ~ ORDINANCE ~k'DIN6 THE ZONING MAP OF THE CITY OF DENTON,
TBY~, AS SAME W~ ~O~tD ~ ~ APPtNDIX TO THS CODE OF
ORDI~CBS OP T~ CITY OF DRNTON, TBS, BY ORDIN~CB NO.
69-1, ~ ~ SAID ~P APPLIES TO CiTY LOT 1S, BLOCK 431;
~ ~R~ P~TI~LY D~SCRIBBD HEREIN; ~D D~CL~ING
B~PB~I~ DATS.
Alford motion, Che~ second to adopt with ordinance ~ithout the
condition o~ leaving the portable sign so as to comply with the City
of Denton si~n ordinance. ~arton motion, Hopkins second to amend
the
main notion to allo~ the portable sign as written in the
presented ordinance. Barton "aye", Hopkins "aye", Stephens "aye",
Al~ord "nay", Rlddlesperger "nay", Chew "nay", and Mayor "nay".
Motion ~ailed 4 to 3. On roll call vote on the main motion Barton
"aye", Hopkins "aye", Stephens "aye", Al~ord "aye", Riddlesperger
"aye", Chew "aye", and Mayor "aye". Main motion carried unanimously.
(Explanatory Note: Although the matter as presented to the City
Council was for Planned Developnent (PD) zonin~ classification for
office use, the ordinance in ~act passed by the City Council
provides for office (0) zonin~ classification which ~as
accordance wi~h the in~ent of the City Council.)
C. Z-1571. The Council considered ~he petition of B. W.
Ayers representing Di=ension Develo~me~ ~oap~n~ reques~ing an
amendment ~o planned development ~PD 28) approved, the
a~endment ~ould permit ~he developaen~ o~ 404 multi-family units on
15.146 acres presently desi~nated ~or office-warehouse-showroom,
mini-warehouses and a local s~reet. The property encompasses
southeast portion of planned developmen~ (PD-28) between I-~SB and
proposed Colorado Boulevard. (The Planning and Zoning Commission
reco~ends approval.)
The Mayor opened the Public Hearing.
~r. Bill Ayers, pe~itioner, spoke in ~avor s~a~in~ that apartments
in ~his location would be appropriate.
No one spoke in opposition.
The ~ayor closed ~he Public Hearing.
Charlie Wa~kAns oI the S~aff reported ~ha~ ~our reply forms had been
mailed, 1 was returned in favor and none in opposition. This area
is high in~ensi~y and the Plannin~ and Zoning Co~ission fel~ that
apartments would be consis~en~ with the presen~ land ~se.
1. The Council considered adoption o[ an ordinance
amending pla~ed development (PD-2$) to permi~ the developaen~ of
404 mult'''amilYoorad units on 1~.1,6 acres located between I-~SB and
proposed Col Boulevard.
The followini ordinance ~as presented:
212
City Council Minutes
Meeting of April 19, 198t
Page Seven
NO. 8~-44
A.N ORDIN~NCE A~IENDING THB ZONING MAP OF THE CITY OF DtNTON.
TEXAS, AS SAME WAS AIIOPTED AS AN APPENDIX TO TN]~ CODB OF
ORDI' N~CES OF T~ CITY OP DENTON, TBS, BY O~IN~CM NO.
~9'1, ~D ~ SAID ~P APPLIBS TO APPROXI~TBLY 1~.149 A~
OF ~D, MORB OR LBSS, OUT OF THE D~IBL L~T SURVBY,
~STRA~ NO. 784 ~D T~ JO~ MCOOWBN SURLY, ~ST~ NO..
797; ~D MORB P~TICUL~LY DESCRIBED ~MIN; ~D DBCL~INO.
~ ~F~BCTIVB DATB.
Hopkins mo~ion, Stephens second ~o adopt ~he ordinance. On roll
c~ll vo~e Bar,on "aye", Hopkins "aye", Stephens "mye", Alford "aye",
Rtddlesper~er "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
D. Z-1573. The Council considered ~he petition of George
Hopkins requesting a change in zoning ~ron the planned development -
(PD-15) classiftciCton for a private u~li~y shop co ~he couercial
(C) classification on an eigh~ (8) acre Cract located a~ the
norChaesc corner of Spencer Road and Loop 288. (The Plannini and
loning Co.lesion reco~ends approval.)
The Mayor opened the Public Hearing.
Mr. George Hopkins, representing the Denton County Electric
Cooperative, spoke in laver o~ the petition stating Cha~ the Co-Op
purchased the property for a ne~ ~acili~y and now has excess
property. The proposed use is consiscen~ ~iCh Oho area. The Co-Op
~ill beep a portion of the proper~y ~or ~heir new facili~y.
No one spoke in opposition.
The Nayor closed the Public Hearing.
Charlie ~aCkins reported lhlt nine reply ~orns were mailed with none
being returned in ~avor and one being returned in opposition. The
Planning and Zonin~ Co~ssion felt thi~ the co~erci~l zoning ~as
consistent and reco~ended approval.
1. The Council considered adoption o~ an ordinance.
changing the zoning from :he planned development (PD-!5)
classification for a private u~tltty shop Co the co~ercial ICl
classification on an eight (8) acre Crac~ located a~ ~he northwest
corner of Spencer Road and Loop 288.
The ~ollowtng ordinance was presented:
NO. 8~-4~
~ ORDIN~CB ~BNDING THE ZONING ~P OP TH~ CITY O~ DENTON,
TB~, ~ S~E ~ ~O~BD ~ ~ APPSNDIX TO THE CODE OP
ORDI- N~CBS OF THE CITY OF DBNTON, TM~, BY ORDIN~CM NO.
69-1, ~D ~ SAID MAP APPLIB$ TO APPROXI~TELY 8.000 ACR~
OM L~D, MORt OR LESS, OUT OF THE M. AUSTIN S~VEY,
~STRACT NO 4; AND MORE P~TICUL~LY DES~IBBD ~RBIN; AND
DECKING ~ EFFECTIVE DATE.
Hopkins motion, Alford second ~o adopt the motion. On roll call
vote Bar,on "aye", Hopkins "aye", Stephens "a e" "~ye",
Riddlesperser "aye", Chew "aye'~ ~nd Mayor Motion carried
unsnimously.
5. Ordinances
A. The Council considered adop:ton of an ordinance to
quitclaim an alley in block 1 of Fulton and Spauldtni Railroad
Addition. (Q-49) (The Planning and Zoning Co~lssion reco~snds
approval.)
213
City Council Minutes
Meeting of April 19, 1985
Page Eight
Charlie Watkins of the Staff reported to the Council that the item
was approved by the Council on April $ and this was the ordinance
authorizing the quitclaia.
The following ordinance was presented:
NO. 81-46
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF AN ALLEY
WITHIN THE CITY OF DENTON AND AUTHORIZING TH~ MAYOR TO
B~TB A ~IT~IM DB~D CON,lING ALL RIGHT, TITLE ~D
INT~T OF T~ ~ITY IN SAID ~LEY TO T~ OWNER OF THE
T~ OF ~D ~BYED BY SAID ~T; ~D DBCL~ING ~
BPFECT IrE DATE.
Riddlesperier aotton~ Chew second ~o adop~ the ordinance. On roll
call vo~s Bar,on "a~e", ~opklns 'lye', Stephens "i~e", Al~ord "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". ~o~ion carried
unanimously.
B. The Council considered adoption of an ordinance ~o
quitclll~ In alley in block ~ of ~ul~on and $pauldin2 Railroad
Addition. (Q-49) (The Pla~ing and Zoning Co~ission race,ends
approval. )
The ~ollowinl ordinance was presented:
NO. 83-47
~ ORDI~CE PROVIDING FOR T~ ~DO~BNT O~ AN ALLEY
NITHIN T~ CITY DP DENTON ~D ~THORIIING THE ~YOR TO
B~CUT8 A QUITC~IM DEED CONVEYING ALL RIG~, TITLE AND
INT~ST DP THE CITY IN SAID ALLEY TO THE OWNBR DP THE
T~ OF L~D GON~YBD BY SAID ~ENT; ~ DBCL~ING AN
EFFECTIVE DATE.
Stephens ~otion, Hopkins second to adopt the ordinance. On roll
till vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". ~otion carried
unan imous ly.
C. The Council considered adoption of in ordinance to
quitclli~ a 0.0434 ~cre strip of right-of-way located along the west
side of Teasley Lane at the intersection on Teasley and
Londonderry. (Q-S6) (The Planning and Zoning Couission recommends
approval.)
Charlie Watkins o~ the ~taff reported that this itse was tabled at
the April 5 aeeting until information regarding the right-of-way on
Teasley Lane could be provided. ~atkins reported that the
right-o~-way on Teasley is 90 ~eet, but as Teasley approaches
Londonderry Lane, the right-of-way ~idens to lZO feet.
Council Me~ber Stephens thanked the Staff for the detailed
in~ormation.
The ~ollowing ordinance was presented:
NO. 8~-48
~ ORDIN~Ci PROVIDING FOR T~ ~DO~E~ OF A ~RTION OF
A T~CT O~ ~D DBDI~T~D FOR UTILITY ~D STREET RIGHT OF
WAY WITHIN THE CITY OF DENTO~ ~O AUT~RIZING THE MAYOR TO
B~T~ A QUITC~IM D~ED CONVEYING ALL RIGHT, TITLE AND
INT~BST O~ T~ CITY IN SAID L~D TO T~ OWN~ OF THE TRACT
OF ~D ~RY~D BY SAID B~NT; ~D DBCL~ING AN
BFPBCT IVB DATE.
214
City Council Minutes
Meet;ne of April 19, 1985
Page Nine
Stephens motion, Chew second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "ape", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye". ~otion carried
unanimously.
5. Resolutions
A. The Council considered adoption of a resolutio.'
supporting modification of Part D of the Clear Air Act.
Charlie WiCk;ns of the Staf£ reported the approved resolution would
be forwarded to the Environmental Protection Agency in support o£
the clean air act and to prevent sanctions from being used against
area cities.
Council Member Riddlesperger stated that the NCTCOG Board of
Directors had discussed this issue. The devices which measure.
pollution had been located such that the data obtained was
inaccurate and could cause sanctions upon area businesses.
The following resolution was presented:
RESOLUTION
WHBRIL~, the City Council of the City of Denton, Texas
supports the continuation of effective air quality standards; and
WHILREA~, the City Council of the City of Denton, Texas also
supports efforts to provide area citizens with transportation
mobility and the opportunity to obtain economic objectives; NOW
TIt~RBFORB,
BE IT RESOLVED BY TEE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
That the City Council of the City of Denton, Texas supports
an appropriate balance among air quality, mobility, and econo~ic
objectives through the modification of the proposed United States
Bnviro~ental Protection Agency's Construction and gundtna
(48 Federal Register 4972, "Co~pliance with the
of Part D of the Clean Air Act," ~ebruary ~, 1983).
SECTIOn.II.
Tha~ a copy of this Resolution shall be ~or~arded to the
United Sta~es Environmental Protection Agency, 401 M Street,
Washington, D. C. 20460
P~SB~ ~ APPROVED this the 19th day o~ April, 1~8~
RIGI~O O. ~TIi~AIiT, MAYOR
CITY OF DSNTON, TEXAS
ATTEST:
CHAIILOTTB ALLEN, CITY SDCRBTARY
CITY OF DIiNTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
215
City Council Minutes
Meeting of April 19, 1955
Page Ten
Riddlesperger motion, Barton second that the resolution be passed.
On roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford "aye", giddlesperger "aye", Chew "aye", and Mayor "aye".
Motion carried unanimously.
B. The Council .considered adoption of a resolution
recommending increses in state transportation funding to urban areas.
City Manager Hartung stated that a need exists for additional funds
to maintain streets and highways. The resolution would offer the
City of Denton's support for current legislation.
Council Member Hopkins stated that the state and country need to
address the issue.
Mayor Stewart stated that maintenance costs should be kept in mind.
The following resolution was presented:
RESOLUTION
WHERF~S, the Regional Transportation Council is the policy
body o~ the Metropolitan Planning Organization for the Dallas- ~ort
Worth urban area; and
WHIL~BAS, over the next 20 years, the population of Texas is
expected to increase by about 50 percent; and
WItERBA~, recent surveys of the Texas transportation system
reveal that:
1. Texas leads the nation in deficient bridges (17,200) and
deteriorated state roadways (7,740 miles;
2. Texas will have to triple its present rate of highway
construction and maintenance funding to handle an anticipated
traffic increase of more than $0 percent in the next 20 years;
5. Texas motorists each currently pay an average of $292 per
zear of "bad roads tax" in excessive fuel use and vehicle
damage and wear;
4. Texas cities cannot keep up with a growing backlog of street
repairs, although they now spend S8 percent more for that
purpose than three years ago; and
WHIiREAS, a large number of Texas citizens depend upon transit
systems as their sole means of transportation; and
WHILR1L~S, additional £unds are needed to replace aging transit
equipment and to provide additional equipment to met new demands; and
WIilL~EAS, increased state revenues for transportation would
reduce dependence upon the federal government and vulnerability to
federal funding cutbacks; and
WHBRILAS, urban areas contribute a substantial portion of state
and federal revenues generated by vehicle use, NOW, THEREFORE,
BE IT RESOLVED BY THB CITY COUNCIL OF THE CITY OF D~NTON, TEXAS:
SECTION I.
That the Regional Transportation Council strongly urges the
Texas Legislature to provide additional state funding for both road
and mass transportation improvements; in particular, a level of at
least $70 million per bienniu~ is needed for public transportation.
216
City Council Minutes
Meeting of April 19, 1983
Page Eleven
SECTION II,
That the Regional Transportation Council recommends that an
increase in state transportation ~user fees be permitted only if a
minimum of 50 percent of the additional funding to the State
Department .of Highways and Public Transportation is spent in urban
areas.
SECTION III.
That the Regional Transportation Council supports le islation to
establish a city street improvement fund (The Pothole Bill).
SECTION IV.
That the Regional Transportation Council reco~ends the
allocation of transportation user fee revenues which will provide.
matching funds to assure full use of federal highway and transit
funds available to Texas.
§.ECTION V.
That this Resolution shall be forwarded to members of the State
Legislature representing the North Central Texas region and be in
effect immediately upon its adoption.
PA~SED AND APPROVED this the t9th day of April, 1985.
RICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST'.
~I/A~LUTT~ ALL~N, Cl'l'l 5~t~'I'ARI
CITY OF DENTON, TEXAS
APPROVED AS TO LEGA~ FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Chew motion, Barton second that the resolution be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye'% Motion carried
unanimously.
C. The Council considered adoption of a resolution ii
sympathy and support o£ the Baha'is in Iran.
Council Member Chew stated that the Council had heard a report from
the Baha'is of Denton at the April 5 Council meeting.
The followin? resolution was presented:
R E S 0 L U T I 0 N
WHEREAS, we live in a world that makes universal human
rights our first priority if civilization is to survive and advance;
ama
City Council Minutes
Meeting ct April 19, 1985
Pale Twelve
WHFABAS, a major obstacle to the attainment of universal
human rights is the prejudice that manifests itself in the
presecution oi a people /or their religious beliefs; and
Wl/~I/A~, the earth is, in reality, one country and mankind
its cltisens; and
WHBRI/AS, we in America have been liven great spiritual
capacities and blessings;
WHI/RHAS, we must take the leadership in the quest [or an
attainment of universal human riihts and rel,gious freedom;
NOW, THILRBFORB, BE IT RBSOLYBD BY THI/ CITY COUNCIL OF THI/
CITY OF DBNTON, TBXAS:
That we, the City Council o£ Denton, Texas, do hereby
protest the relentless persecution o£ members of the Baha'i Faith in
Iran; and
IT IS FURTHILR RB$OLVI/D, that the City Council o£ Denton,
Texas enacts this resolution o£ sympathy and support of the Bahs'is
of Iran in order that the world may know our sentiments on this
humanitarian issue.
PA~SBI) AND APFROVBD this the 19th day oi April, 1985.
RICI-IARD O. 5TBWART, I~IAYO~
CITY OF DENTON, TBXAS
ATTMST:
CITY OF DI/NTON, TEXAS
APPROVI~D AS TO LEGAL POR~l:
C. J. TAYLOR, .IR., CITY ATTORNBY
CITY OF D~NTON, TMXA~
BY:
Chew motion, Stephens second that the resolution be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chow "aye", and Mayor "aye". Motion carried
unanimously.
Council Member Barton requested a resolution be placed on the Nay 10
agenda to reflect the same support for all religious denominations.
D. The Council considered adoption of a resolution
postponing the ~e~ular meeting of the City Council on May 5, 1985
until May 10, 1
983.
The following resolution was presented:
218
City Council Minutes
Meeting of April 19, 1985
Page Thirteen
RESOLUTION
WH~RB~, a majority of the Council will be out of the City
of Denton on May 3, 1983, and it is necessary that the Council
meeting for such date be postponed until May 10, 1983; NOW,
THI~RBPORB,
BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF DENTON, TBS:
SECTION I.
That the regular Council meeting :o be held on May 3, 1~83
be postponed ~nt~l May 10, 1~83.
PASSED ~D APPROVED this the l~h day of April, 1~83.
CITY OP DBNTON, TEY.~
ATTMST:
CHARLO'I"I'~ ALLEN, CITY S~CR~TARY
CITY OF DENTON, TBXAS
APPRO~D AS TO LBGAL FOR~/:
C. J. TAYLOR, JR., CITY ATTORNBY
CITY OP DENTON, T~XAS
BY:
Stephen motion, Alford second that the resolution be passed. On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford
"aye", Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion
carried unanimously.
7, The Council received a report on TMPA activities.
Dr. Roland Vela, T~PA Board of Directors, reported that the formal
dedication of the power plant was held on April 15. The plant has
been running for ~ months with almost no expenditures for repairs.
The facility had been run at full capacity. There had been a few
~roblems with the lignite fuel when it became wet but those problems
ad been worked out.
The total cost of the plant zs 1.361 billion dollars and is
considered by the power industry as one of the best in the country.
Dr. Vela stated that the Board of Directors had done an excellent
job and praised several individuals who he felt had been vital to,
the success of the TMPA project.
Dr. Vela reported that the engineers estimates in 1978 were that the
cost of electricity at the plant would be approximately 82.9 mils a
kilowatt hour and the national average was 75.8 mils per kilowatt
hour, and that a gas power plant would cost 55.8 mils per kilowatt
hour. The new estimate for the TMPA plant is 45.9 mils par kilowatt
hour.
City Council ~inutes 219
~eetin~ o£ April 19,
Pa~e ~ourteen
Dr. Vela also stated that ~4r. Brwin, Chairman of the Texas Public
Utility Co~uaission, in his address at the TI/PA dedication had
compared the facility to the South Taxes nuclear plant.
Dr. Vale reported that ha was very proud of his association with
TIdPA. Now ~hat ~he plant was op~ra~ional, the board would look very
closely a~ ~he Comanche Peak nuclear proJec~ which is nearini
comple~lon.
~ayor S~ew~r~, also a me~ber of ~he T~PA Board of Directors, added
~ha~ ~he plan~ was r~nin~ in i very smooth and ~i~l[ fashion. A
producini las ~11was on ~he proper~y so ~ss could be used at some
future da~e l~ th~ n~ed arose.
Council ~ember Stephens stated ~hat Dr. Vela had helped to save
millions of dollars for T~PA and that the City Council appreciated
his e~forls.
City ~na~er Har~uni co~enled tha~ the dedication ceremonies ~ere
handled ver~ efficienlly b~ ~he T~PA Staf~ and the representatives
~ro~ Ben,on ~ere ver~ pleased.
8. The Council considered chan~in~ the signal sequence at the
intersection of Bell and Hickory.
issist~nt Ci~ ~naler Rick Svshla reported that ~his ires had been
brouiht :o the Council on April 5.
Council ~ezber Che~ stated that there exists in obstruction
traffic vie~inl fro~ Bell to Hickory and asked ii tht siinal liihts
could be placed on full cFcle 24 hours a day as opposed :o flashin/
after 10~00 p.m.
Svehla replied that the controller for this si/nil ~ss very old and
the ~ires ~ere extremely brittle. The Traffic Department could tr[
to reproiram the controller but it mi/hi blo~
City ~an~ser Hartuns ~sked ~hen the controller could be replaced.
Svehla replied tha~ ~he ~i~y would advertise for bids
replacemen~ con~rollers in
Council ~ember Chew resla~ed that he believed ~he ~raffic silnal
should be on ~ull cycle 24 hours ~ day.
Chew motion, ~opkins second ~o table. Hotion carried unanimously.
9. The Co,oil considered the reques~ of ~s. 9arles Watson for
a curb cu~ on Carroll Boulevard.
Assis~an~ Ci~7 ~na~er Syehla reported that this item had been
tabled a~ ~he April 5 mee~in~ so as to ~ive the Staff an oppor~uni~7
~o see ~he si~e of the proposed curb cut. Hr. Svehla had visited
wi~h ~l. Watson and had d~scussed wi~h her a ~urn-around on the
property rather ~han a curb cu~.
Hopkins motion, Riddlesper~er second to follow the S~aff
recommendation for the turn around and :o deny the curb cut.
10. The Council considered the selection of the Mayor Pro Tea.
Council Member Stephens' n~me was entered into no~ination by Council
Me~ber Chew.
Council Me=bet ~lddlesperler's na~e was entered into nomination by
Council Member Barton.
22O
City Council Minutes
Meeting of April 19, 1983
Page Pifteen
Council Member Stephens withdrew his name from the nominations and
nominated Council Member Chew.
Council Member Chew withdrew his name from the nomination in support
of Council Member iiddlesperler.
Barton motion, Hopkins second to select Council Member Jame~
Riddlesperger as the Mayor Pro Tea. Motion carried unanimously.
11. There was no o££icial action on Bxecutive Session items:
A. Legal Matters
B. Real Berate
C. Personnel
D. Board Appointments
12. New Business:
The £ollowing items were suggested for £uture agendas:
1. Council Member Barton requested a resolution in opposition
to all religious persecution.
CHARLDTTB ALLBNF CITY SBCRETARY I
0805C
221
CITY COUNCIL MINUTBS
April 26, 1983
The Council convened into a work session at $:30 p.m. in the
Training Room of the Service Center.
PR]/SBNT: Mayor Stewart, Mayor Pro Tem Riddlesperger, Council
Member Barton, Stephens, and Chew; City Manager, City
Attorney, and City Secretary
ABSBNT: Council Member Hopkins and Alford
1. The Council considered approval of Bid # 9147 for removal
of fill dirt.
Assistant City Manager Svehla handed out written materiels on this
bid which was opened on April 22. The soil had been tested and it
was found that some was acceptable and some was unacceptable.
Svehla reported that the Staff recommendation was to award the
contract for the first 10,000 yards to Jones and Cupper, the lowest
bidder meeting specifications and to award the contract on the
alternate bid for an additional 70,000 yards to Boyd Construction.
This additional fill material can be cancelled at any time.
City Manager Hartung stated that this would not extend the life of
the landfill.
Riddlesperger motion, Barton second to accept the bid of Jones and
Cupper for the first 10,000 yards of fill dirt and the alternate bid
of Boyd Construction for additional soil as needed up to 70,000
yards. Motion carried unanimously.
Z. The Council considered approval of initiation of annexation
proceedings on a tract of land totaling 151.49 acres located east of
Cooper Creek Road, north of ~ighway. 380, and south o£ the
Texas-Pacific-M.X.~ T. Railroad.
Charlie Watkins, Senior Planner, stated that annexation proceedings
had been initiated and a motion to approve would continue the
process.
Chew motion, Stephens second to continue with the annexation
proceedings. Motion carried unanimously.
$. The Council considered a lease agreement with the Texas
Department of Human Resources for Briarcliff Park.
City Manager Hartung stated that this lease agreement was for
property adjacent to the Denton State School and that the State
Mental ~ealth and Mental Retardation Board would have to give its
approval. This board would be meeting in May and the Staff would
like to have the Council approve the agreement so the informatzon
could be forwarded to the MH~ Board for ~he May agenda.
Council Me~ber Hopkins joined the meeting.
Mr. John Travelle, member of the Parks and Recreation Board,
reported that the board hadmet on April 25 to review the lease
agreement. Minutes of the board meetint were handed out ~o Council
members. Mr. Travelle reported that the board had reviewed and
approved the contract. Areas that the Parks Board had discussed
~ere :he location of the fence and cost. It was estimated that the
fence would cost approximately $~,000 and maintenance for the first
su~er would be approximately $6,000. Mr. Travelle suilested that
after the lease aireement had been approved, the Parks Board could
~pproach citizens in ~he vicinity of the park and request assistance
xn fundins.
2~ity Council Minutes
Meeting of April 26, 1983
Pass Two
Council Member Riddlesperser stated that the lease period was for 10
year period and asked Mr. Travelle ii he £elt that the lease would
continue on a£ter the initial 10 years.
Mr. Travelle responded that he did but Chat the contract could be
terminated by either party with a $0 day written noti£ication.
City Attorney Taylor stated that the State would only consent to a
10 year lease.
Rtddlesperser motion, Chew second to authorize ~he Mayor to sign the
con:tact. Motion carried unanimously.
Council Member Al£ord Joined the meeting.
Mr. Travelle stated that the Parks and Recreation Board could now
begin contacting citizens to line up contributions £or the proposed
park.
4. The Council held a discussion on the economic development
program.
City Hanaler Har:ung s~a~ed Chat the $ta££ had completed the
preliminary research on a new proiram designed to stimulate
industrial interest in Denton. The program was built on past
successes and would take advantage o£ various resources in the
community.
Chuck Carpenter of the Denton Chamber of Commerce showed the £ilm
"Dynamic Denton" which was produced in ~he early 19§0's by the
Chamber.
Assistant City Manager HcKean handed ouc to the Council products,
such as brochures, etc., which the Chamber of Commerce had
previously used to promote Denton.
Chuck Carpenter presented a slide show which was completed in the
19?0~s throuih the e££orts o£ the Research and ~conomic Development
Board. Hr. Carpenter stated that with the updating o£ some o£ the
slides, the presentation could be used again.
City Hanager Hartung reported that the film and slide show both were
a community e£fort and enormous amounts of time and energy had gone
into their production.
Martun~ introduced ~r. Roy Appleton and Hr. John Moellinger.
Mr. Moellinger, President o£ Transport Systems, Incorporated, stated
that when he ~as in the process of relocating his business, several
other ci~ies had very aggressive Chamber recuitment programs. ~e
was re~erred to the Denton Chamber and was most impressed with the
community ef£ort. Hr. Moellinger's decision to relocate in Denton
was in£1uenced by the enthusiasm chat private citizens had for their
city.
City Manager Hartun~ stated that 9emCon has a reputation of having a
very progressive and aggressive industrial development prosram. The
availability o[ bankers and business leaders who would volunteer :
their time end e£for~s co the program wopld h~lp to re-energize the
Chamber of Commerce e££orts to attract in~ustries to Denton.
Mr. Roy Appleton sCa:ed Chat over the years the Industrial/Bconomic
Development team at the Chamber had deteriorated. The team was now
meeting twice monthly in an e££or~ to rejuvenate and was going
through a period o£ critical assessment of its strengths and
weaknesses. The team will be looking at potential industrial sites,
transportation possibilities, city government services and
contributions to quality o£ life which the universities could make.
City Council Mlnu~es
Meeting of April 16, 1981
Page Three
As problems are identi£ied, the team will work to correct them and
as strengths are identified, they will be emphasized. Mr. Appleton
reported ~ha~ nearly every city had some ~ype of promotional program
so Denton must try to be unique. The "Dynamic Denton" film was done
locally and involved many volunteer hours of citizens time to
produce. Mr. Appleton stated that the co,unity needed to be
involved in the economic development program.
Mayor Stewart sta~ed that he was sold on the program and felt that
the qualA'ty of life in Denton had been maintained. The Mayor asked
what the City would need to do to support the Chamber of Commerce in
this program.
Mr. Appleton reaponded tha~ the City has done a lot of work with the
Chamber on this program.
Council Member Chew stated that he wanted to see ~he City and the
Chanber work fully together on the project and no= jus~ for the City
to pay the bills.
Mr. Appleton responded that when lhe first indus~rial ~e~ was
fo~med i$ came ~o the Cou~il and an aaoun~ of money was determined
~hxch would be budgeted for this progr~. The ~one~ went solel~ to
~his pro~r~ amd projects and no salaries were paid from =hese funds.
Ci=y Manager ~r~ung s~a~ed tha~ Bet~y Mclean, la,bryn Hollenback
and Xa~h~ Lopes ~d co,pisSed extensive research for the progra~ and
it was ~ell ~ Denton would ha~e to be unique ~o a~lract poten=ial
indus~ries. The City had budgeted $38,000 for ~he Research and
Economic Development Board which was a~ailable for ~his program.
The use of ~hese funds for the economic developmenl program would
give ~he Council ~he nos~ financial con~rol.
Assis~an~ City ~nager Mclean s~a~ed ~hat the progress repor~ and
implemen~a~ion schedules [or ~he proiram were open [or suiiestions
and cri~icts~. Mclean asked Ii the S~a[f ~as focusing on areas that
an indusgrial prospec~ would want. The Fac~ Book will be used as a
major ~ool ~or City deparlaen~s and ~he Chamber of Co~erce
an~icipa~in~ questions prospects might have. The final site ~ap and
package would be ssaller ~han ~he dra~ copy [or convenience and
easy o[ handling.
McXean reported ~hat Jeff ~yer, Director of Planning and Co,unity
Developmen~ had developed a checklis~ [or poten~ial developers which
would provide a s~ep-by-s~ep outline o~ procedures ~or zoning
peti~ions, building permits, e~c.
Xathryn Nollenback, ~minis~ra~ive Assistant, reported ~ha~ ~he Eas~
Texas C~ber of ~erce has been involved wi~h indus~rial
developaen~ ~or a loni ~t~e. Ii Denton joins lheir prolr~, an ad
will be included in ~he ~s~ Texas Ch~ber o[ Co~erce brochure.
This Ch~ber places adver~ise~en~s in national satazines seeking
industrial prospects. Wh~ the prospect contacts lhe Chamber, a
brochure Is Mailed to ~he~. The Ch~ber would else upon request
send postcards ~o prospects which would be ~ailed directly back to
Denton. The ~as~ Texas Ch~ber o[ Co~erce will be tarietin~ iour
·reas tMs year.
Assis~ant City Manaser McXean sCa~ed that a slide presentation would
be needed i~edia~ely and tha~ ~he old slide sho~ could be updated
and used un~ll a ne~ video presen~a~ion was completed.
Council MeMber Hopkins asked if Lake ~ay Roberts and ~he new
wastepaper ~reat~ent plan~ ~ould be included in the updated slide
presen~a~ion. Hopkins sta~ed he ~el~ i~ would be i~por~ant to let
prospective indus~rial developers know abou~ ~he availability
water and elec~rical po~er.
22~ity Council Hinutes
Meetini of April 26, 1985
Page four
Chuck Carpenter of the Chamber of Commerce responded that they could
be as well as picture o£ the Golden Triangle Mall and other new
£acilities.
Assistant City Manater Mclean reported that the Staff would prepare
a draft of the script for the slide presentation.
McKean stated that the 196O's Dynamic Denton program had a theme.
The Staff would recommend the new economic development pro,ram be
built around a single theme and a reception be held for targeted
specific industries. McKean also stated that an industrial show £or
Denton residents be held prior to the prospect reception.
Mclean re£erred to the draft Resolution in the back-up material and
asked that the Council be considerin$ a S year plan £or economic
development which would be discussed at the Council retreat.
Council Member Barton stated that he aireed that the £irst reception
should be held locally and should be well publicized.
Council Member Hopkins stated that those citizens who are quality
lrowth oriented should be involved in the proiram.
Council Member Alford stated that the original Dynamic Denton
proiram was success£ul because the citizens were proud o£ Denton and
were honored to be called upon to help.
Council Member Hopkins stated that Denton has more to o££er now than
it did at the time o£ the oriiinal program. Hopkins stated that he
felt the Chamber oi Commerce should be ~iven approval to proceed
with the prosram.
Council Member Stephens stated that the City Stai£ should continue
working on the development and planninl phases of the proiram. The
City and the Chamber both would need to participate and perhaps the
next step would be in another person's area o£ expertise.
Mayor Stewart asked if the Chamber of Commerce had been involved
with the program £rom the beiinnini and were then involved at the
present time.
Chuck Carperter responded that they were.
City Manager Hartun$ responded that the Chamber and City $ta££ had
been meeting and tryinI to assess the needs £or the program and what
could be done. The goal was to develop a program which would be
positive and success£ul for a long period o£ time.
Council Member Stephens suggested that people who had moved
Denton should be contacted to determine what they would be looking
£or if they were to relocate now.
Council Member Hopkins stated that the proposed Resolution
encompassed the policy and philosophy o£ the program.
Council Member Riddlesperier stated that in immoral he was very much
in £avor o£ the program but could foresee some political problems in
selling the idea to the citizens. The Council would need to
constantly reinfforce their support o£ the program.
City Manager Harluni stated that Denton would see sijnilicanc
and Chis lrow~h would need to be controlled and balanced.
Jef~ ~eyer, Director o[ Plannini and Couunlty Development, reported
Chat aaicipaliCits cannot be supported by residential taxpayers and
ChaC industries are necessary.
Council ~ember Hopkins stated that a comparison should be made of
taxes in 5 years and 10 years ~iCh and vi~hout industrial ~rowth for
a 10 acre tract. This comparison should be mede in all o~ the
zoninj classifications.
225
City Council ~inute~
Meetin~ ot April ~5,
Page Five
Assistant City Manager McKoam asked for suggestions or criticisms of
the draft Fact ~ook.
Council Member Hopkins suggested that a notebook tab be placed on
the section containing industrial sites. Hopkins also suggested
that reference should be made to the improvements made in the
community which would encourage lrowth, such as the Hickory Creek
sewer line and the Gibbons Creek steam plant. Pictures of the
Dallas Port Worth airport, the ~unicipal airport and cluster type
housing should also be included.
HcXean showed the Council examples of brochures from other cities in
Texas. The Pact Book would be the core of information and would be
updated annually. The Fact Book ' intended to be informational
while the quality of Life brochure Jill be sales oriented.
Council ~ember Hopkins stated that he was very pleased with what the
Staff had accomplished.
City Manager liartung asked if the Staff was instructed to continue
and obtain cost £igures for the Council.
Council Member Chew responded yes.
Council Member Hopkins stated he would like to see the cost figures
and how it was intended to sell the
!
5. The Council considered an emergency addendum to the agenda
regarding appointing a representative to attend the Texas Municipal
League aeeting on the proposed settlement of the GTE case.
City Manager Hartuns reported that th~ City Manager's office had
apprised ~he Council of this partic~llar case. A meeting sponsored
by the Texas Municipal League was to be held in Austin on April 28.
Hartung stated that the Staff would recommend that the City support
TML's position on the case. Hartung asked if the Council would like
to appoint a representative to atterd the meeting or to direct the
Staff to contact TML and give them th City's position.
Hopkins motion, Chew second to ~ran air our intent to support the
TML position. Motion carried unanimously.
The Council then convened into the fxecutive Session to
discuss legal matters, reel e!tate, personnel, and board
appointments. No official action was taken.
/
0809C
226
C1TY COUNCIL MINUTES
May 10, 1983
The Council convened into a work session at 5=30 p.m. in the Civil
Defense Room of the Municipal ~uilding,
1. The Council held s discussion of the 1983 Citizen's Survey
instrument.
City Manager Hartung handed out copies of the proposed survey
instrument and discussed each of the questions.
After s review of the survey, Council Member Riddlasperger asked if
there would be any value to asking citizens how important the
airport was to them. Mayor Stewart end Council ~aber Chew stated
they did not believe the airport issue would be lmportsnt at this
time.
Council Member Stephens suggested s question be added which asked
the citizen being surveyed had experienced any problem~ with the
City on zoning.
City M~nager Hartung reported that 300 to 400 people would be
surveyed which would result in broad indicators and would show some
general trends. A broad question on zoning would accomplish this.
Council Member Hopkins stated that the question on sidewalks might
not be par. tinent as all new subdivisions have sidewalks and all old
neighborhoods would went them.
council Mamb,r graph.ns r,f.rrsd to th..urvey que.tion
City beautification and asked how would you sdd to the
Denton.
Council Mamber Hopkins responded that one way would be to curtail
littering. Council Member ~iddlesperger added that he had observed
an increase in litter during the past ~ew weeks.
City Manager Hartung asked the Council if a question had to be
removed from the questionnaire, would they want to remove the
question regarding sidewalks. The Council responded that the
sidewalk question could be deleted.
2. The Council recsivea s report and considered change orders
fo: the Police Building Project.
City Manager Hartung stated that the Staff had prepared a report to
bring the Council up to date on this project.
Assistant City Manager Svehla reported that the original cont=&ct
with Taylor-Hall was in the amount of $1,089,000; the amended budget
would over-run by approximately $43,000.
Council Member Barton asked if the project would have over-run if
Taylor=Hall had continued as the contractor.
Assistant City Manager Svehla replied that it would be hard to say.
The Staff had sdded energy conservation improvements and had found
$15,000 in expenses which Taylor Hall did not consider in the
original contract. Chia~ of Police Hugh Lynch had identified a
problem; the stairway leading to the Squad Room was too narrow, The
Staff was recommending that this stairway be widened and moved to
tbs south side of the building. This change would add approximately
$1~.000 to the costs. Svehla also reported that the Historical
Society wanted grills added on the windows. Tbs Staff felt that
these grills would be difficult to install and maintain.
Svehla s~rizad by stating that the original contract was for
$1,090,000 and costs were now estimated to be $1,113,000. The
Finance Department reported that $1,120,000 was available leaving a
balance still needed of $13,000 which did not include the Change
227
City of Denton City Council Minutes
Meetina of l~ay 10, 1983
Pa~e Two
Order for tbs stairway and windows. Svebla also stated that an
application for a ~tanC had been submitted co the North Central
Texas Council of ~overnmen:s for $15,000 in video surveillance
equipment. This equipment would monitor the interior and exterior
of the new facility. The Staff was proposin& to install new
concrete curbs and gutters and asphalt the parking lot instead
pourinA an al1 concrete Loc.
Bopkins motion, Chew second to approve the Change Order for the
stairway. Notion carried unanimously.
The Council convened into Executive Session Co discuss Lc&al
matters, real estate, personnel and board appointments. No official
action ~as taken.
The Council then convened into the insular meetin& in the Council
Chambers.
PILIiSEIqT: 14ayor Stewart, ttayor Pro Tem Riddlesper&er, Council
Members Barton, Hopkins, Stephens, llford and Chew;
City ManaSer, City Attorney and City Secretary
ABSF.~T: None
1. The Council considered approval of the Minutes of the
P. elular NoetinS of April 19, 1983.
Stephens motion, Chew second :o approve the Minutes as presented.
Notion carried unanimously.
2. Consent A&euda
Hopkins motion, Barton second to approve the Consent Asenda. Motion
carried unani~ousLy.
Consent A~enda~
A. Bids and Purchase Orders:
1. Bid ~ 9109 - Pecan Creek dam
2. Bid ~ 9138 - Ranch Estates sanitary sewer line
3. Bid ~ 9143 - Sprockets and chains
Bid ~ 9146 = Repair raw wa:er pump
5. Purchase Order ~ 576~4 to Conley-Lott-~ichols in
excess of $3,000.00
Plata:
1. Approval of the final plat oi The Villase - Phase
IV. (The Plannin& and Zonin& Commission
recommends approval.)
2. Approval of tbs final plat of the Stone Bill
Subdivision. (The Plannin& and Zonin& Commission
rece---~nds approval.)
3. The Council considered :he request of the Kiwanis Club
permission to hold a fire~orks display at gouts Field on July
1983.
Mr. Lloyd Bindman, President-elect of the Kiwanis Club, appeared
aakinS permission to bold the annual fireworks display.
Stephens motion, Bopkins second to &rant permission wz~a the
conditions desi&neted by tbs Fire Marshall. Motion carried
unanimously.
22City~ of Denton City Council Minutes
Meeting of Vmy 10, 1983
Page Three
The Mayor then presented a Procl-m-tion to Mike Little, President of
the Denton County Pedalets, honoring May as Mational Bike month.
4. The Council considered the request of the Accelerated
Christian E~ucation conference for permissionto hold a firewnrks
display at Fours Fieldon May 23,198
3'
Mr. Cloyd Young, representing the A~celerated Christian Education
conference, appeared requesting the Council's permission.
Stephens motion, Chew second to grant permission with the conditions
designated by the Fire Marshall. Motion carried unanimously.
5. The Council considered approval of the request by the
Accelerated Christian Academy to hang a sign over Carroll Boulevard.
Mr. Cloyd Young of the Accelerated Christian Academy reported to the
Council that the banner to he placed over Carroll Boulevard was in
conjunction with the Accelerated Christian Education conference
being held at North Texas State University.
Council M~mher Be=ton stated that the Academy would have to receive
the owners permission if the banner was to be attached to poles
which were on private property.
Barton motion, Hopkins second to approve the request to hang a sign
over Carroll Boulevard. Motion carried unanimously.
6. Public Hearings
A. The Council considered the petition of Home Badge
requesting a change~ i~ zoning from multi-family (MF-1) to the
planned development (PD) classification for office use at 215 Bonnie ,
:se St=est. The property is .more ~articular. ly described as lot 1,
Bonnie Brae Addition, and' ia located along tbs west side of Bonnie
Brae Street beginning approximately 200 feet no=th of the
intersection of Bonnie Brae and West Oak. (Z-1566)
The Mayor opened the Public Hearing.
No one spoke in favor of the petition.
No one spoke in opposition to the petition.
The Mayor closed the Public Hearing.
David Ellison of the Planning and Community Development Department
reported that this was a low density area and contained a mixture of
land uses and dwellings. Ellison displayed an overhead projection
map of the area and stated that there were two reasons the Staff
felt this petition should be granted. The major reason was that
there already is existing mult£-family housing tn the area and the
property o~ners in the area are in favor of an office as opposed to
more multi family housing. If this petition is granted it w~ll also
open up the west side of Bonnie Brae to office only and not
residential.
Council Member Stephens asked if there was a time limit set on
planned developments.
Ellison responded no.
Tbs Council considered adoption ~ an ordinance chan~in~
the zoning from multi-family (MF-1) to the planned develo~ment(PD)
classification for office use at 215 Bonnie ~rae Street.
The following ordinance was presented:
229
City of Denton City Council tv~nutea
Meeting of May 10, 1983
Page Four
1~O, 83-z~9
All ORDINANCE AI~NDII~G ~ ZONING ~P OF ~E CITY OF D~TON,
~, ~ S~ ~AS ~ED ~ ~ APPENDIX TO ~E CODE OF
69-1, ~D ~ SAID ~P APPLIE~ TO LOT OSE, ~O~IE
~DITIO~, D~ ~U~TY, TE~S; ~D ~O~ P~TIGU~Y
D~I~ED ~I~; ~D DE~I~G ~ EFFECTIVE
Mayo~ Stews== asked ho~ =he pa=kin~ p=oblem would be handled until
the new office buildini was c~pleCed.
gllison responded thaC the condi:ion of the planned develo~en~ was
Chat only have oas buildini a: a time on the lot.
Council ~bet Be:ton scared be believed :hat all planned
develo~eata should have an expiration dace as a policy.
Hopkins ~:ion, S:ephena second ~o adopt ~he ordinance. ~ toll
call vote Be:ton "aye", ~o~inl "aye", S:ephens "aye", Al~otd "aye',
~iddleapet&et "aye", Chew "aye", and ~yot "aye". ~cion carried
unantmoum17.
a. ~ Oou~cil consid~=sd ~? p~Ci=io~ of Tom S=insley
requeettn& a chanie in zoning ft~ Cwo ~amily (2 F) :o :he planned
develo~enc (PD) classification on an 11,520 squa:e f~= loc which
be&ins at the not:h~est coins: of Bolivar and Crescent.
approved, the planned aevelo~enc CPD) woul~ permit tbs division
the ptopett7 i~to two (2) lots =o~alins 100'x60' and 60'x92'
:espect~vel~. A sin&la i~iLy :esidential land use is proposed
the 100 x60 loc =hat ~ou~d front on Gtescenc and an axistinS sinsle
family residence would tmi~ o~ =he 60'x92' loc at ~he cornet
The ~yo: opene~ :he Public
No one s~ke in favor of Cbs
No one epo~e in op~eiCion Co the peet:ion.
The ~yot closed the Public ~eatini.
David gLlison o~ the Staff repotted ChaC Cbs new construction on the
loc uae a teplac~nC sCtucCu:e fo: a residence which had bu:ned.
~e peciCionec wished Co replace the c~o ~iLF actucCu:e which had
been on the lot ~ich a sin&is f~ily duelling.
~be ~ouncil considered adoption of an ordinance changing
the zonin& it~ C~o-i~ily (2-F) Co_the planned development
claeaigicaCion on an ~,520 squa:e [ooC Loc which beiins ac the
northwest cornet o~ Boliva: and CceacenC.
The folLoui~ ordinance was p:esenCed:
nO. 83-50
~l~, A~ S~ ~ ~PT~D ~ ~ APP~DIX TO T~E CODE
69-1, ~O AS ~IO ~ ~PLIES TO PROP~TY LO~TED AT
CO~ OF ~OLIV~ ~D ~SC~NT ST~TS, D~TON ~UNTY,
~ ~ ~ MO~ P~T ICU~Y DES~I~ H~ I~ ~
DECKING ~ EFFECTIVE DATE.
Hopkiua ~iou, Chew mecoud ~o adop~ ~he o~diuau~e. ~ toll call
vo~e Barton "aye". Hopkins "a~e", S~ephens "a~e", Alford "aye",
Riddleapet~e~ "aye", Chew "aye", an~ ~yot "aye". ~tton cat:ted
unan imoue ly.
230
City of Denton City Council Minutes
Meeting of May 10, 1983
Page Five
7. The Council considered the petition of ~.J. end Ann Minton
requesting a change in zoning from single family (SF-7) to the
office (O) classification on a 0.486 acre tract located at 1500 and
1608 Bernard Street and 702
Hr. Curtis Loveless, representing Mt, Yatbtough, distributed copies
of tbs first site plan and the revised site plan to the Council.
Mt. Loveless stated that Mt. Yarbtough had preps:ed plane and if
further plane were requited, he would be glad to accommodate the
request. ~r. Loveless also stated that the reply form= which
returned were in favor of the reclassification.
t~ayot Stewart asked if the Planning and Zoning Commission had
approved the petition.
Mt. Loveless responded that the P&Z had denied the petition and that
Mt. Ye:brough had appealed to the City Council. The case was tabled
by the City Council in order to &ire Rt. ¥etbrough an opportunity to
resubmit the petition as a planned development.
Mayor Stewart asked if the case had been reviewed by the Planning
and Zoning Commission as a planned development.
ELlison of the Staff responded that the petition wee o:isinally
presented to the Planning and Zoning commission requesting office
classification and was denied. The P&Z had asked the petitioner to
be&in the process over requesting the planned development
classification; however, Mr. Yatbtou&b had appealed directly to the
Council fo: the office classification. After the Counoil had tabled
the zoning request, the petitioner had submitted a sew site plan
requesting planned development directly to the City Staff.
aa:ton motion, Chew second to refer the case back to the Planning
and Zoning Commission. Motion car:fed unanimously.
8. Ordinances
A. The Council considered adoption of an ordinance
setting a date, time, and place got public beatings concerning tbs
proposed annexation of approximately 491.13 ac:es of land located
along the south side of Jim Christal /Coed end west of the existing
city limit line and authorizing the :~ayot to publish a notice
thereof. (Z-1578)
Charlie Wetkins, Senior Planner, reported that the proposed date
the on-site hearing wes June 7, 1983 at 4:00 p.m. end the heating in
the Council Chambers would be June 7, 1985 at 7:00 p.m.
The following ordinance was presented:
NO. 83-51
AI~ OILDINA~CE SETTING A DAT~, T~ME AND PL~C~ ON TI/E PgOPOSED
A~NEXATION OF CE~TAI~ PtCOPEI~TY BY THE CITY OF DENTOn,
TEXAS, A~D AUTHORIZING AND ~IILgCTING THE MAYOR TO PUBLISH
NOTIC~ OF SUC~ PUBLIC SEA,LInG.
Chew motion, Be:ton second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alfo:d "aye",
Riddlespe:ger "eye", Chew "aye", and Mayo: "aye". Motion
unanimously.
B. The Council considered adoption of an ordinance
pertaining to water rates eno charges.
Bob ~elson, Director of Utilities, repotted that the City of Dallas
had raised the tares for water which it charged_ the City of Denton.
The City would need to recover approximately $170,000 which would
require an increase over six months. This increase would affect
volume charges only and not the base rate.
City o~ ~en~on ¢~y Council ~inuces
Page Six
Council ~amber Xiddlespecger asked If the increase vas juac to cover
the raw wa~er increase in price f~om the City of Dallas.
City Nana~ec Hactut~ stated Chat Cbs rate increase from the City
Dallas was due Co the acquisition of Lake York which would be pact
of the water supply for Dallas and Denton for approximately 50 yea~s.
Council Nalnber Chew asked how much Chis would increase varec bills
for average users during June through September.
Nelson answered that the increase would help recove~ coats that
City of Denton had been paying since the Fall of 1982.
Nayoc Stewart asked why tbs City was paying now if the Lake Fork
supply would not be in use in tbs near
Nelson cespond~d thaC the City of Dallas had a wonderful oppoctunicy
to buy the lake now. Texas Utilities had purchased the lake to
support a coal plant which it never built.
~ayor Stewart asked why the City of Denton did not get credit from
Dallas loc water which vas returned to Lake Dallas.
Nelson cesponded that this had always been a bone of contention
between Denton and Dallas.
Council N4anbe~ Hopkins asked what the maxim,,m use of water would be
Chis summer compared to last summer.
Nelson answered a ~roJecCion of ~.1 billion gallons had been made
~o~ this summer.
The following ordinance was presented:
MO.
~ OblDIMAMCE AIIENDIN~ CIt~TEX 25, SECTION 25-60 O~ THE CODE
O~ OIADINANCE$ O~ THE CITY OF DENTON, TEXAS, PEXTAININ~ TO
HATEE IAATE$ A~D CIiARI3E$ AND DECI. AXIN~ All EFFECTIVE DATE.
Xiddlesperge~ motion, ltopkins second ~o ~dopt the o~in~pce. On
roll call vote 8&~ton "aye"° Hopkins 'aye", Stephens "aye", Alford
aye , Elddlesperger aye , Chev aye , and Nayo~ "nay". ttoCion
carried 6 to 1.
9. Tbs Council considered removin~ zonint case Z-1565 from the
Cable.
Hopkins motion, Chew second Co remove the case from the Cable.
Notion ca,tied unanimously.
10. The Council considered the zoning change request on Zoning
Case No. Z-1565.
A. The Council considered adoption of an o~dinance
changing Cbs zonin~ icom a specifi~ use permit (S-151) for a day
care center to Cbs tvo fam{ly t2 ~) classification on
located along the west side of Stuart P. oad beginning approximately
1100 feet north of the in~ersection of Stuart l~oad and Windsor Drive
and bein~ mo~e particularly deec~ibed as loc 4, The Village Phase
~. Don Pearson spoke in favo~ of the o~dinance stating Chat the
p~operty had been o~iginally zoned for single femily and then a
specific use permit had been g~anted Co accommodate a day care
center. ~r. Pearson wished to build duplexes on the property and
stated chat ha felt this would be down zoning.
232
City of Denton City Council Minutes
Masting of May 10, 1983
Page Seven
David Ellison o~ the Staff reported Chat a presentation had bean
previously given by cbs Staff regarding chis petition and Chac the
Planning and Zoning Commission recommended approval.
Ms. Marian Hamilton, 900 Sierra Drive, was recognized and presented
a petition Co the Council requesting ChaC the request be denied.
Ms. Hamilton stated thaC iC was the wish of the petiCionezs thaC the
neighborhood remain single family 'housing. Ms. Hamilton reported
that duplexes would worsen the traffic in the area and that she was
opposed to spoC zoning.
Council Member Hopkins asked Ms. Hamilton ii aha did no~ ~hink ChaC
a day ca~e cen~e~ ~ould generate ~e C~a~fic ~han duplexes.
~. M~ilCon ~esponded Cha~ she did, bu~ cha~ ~he dam ca~e cenCe~
had hOC been built.
Council ~be~ Stephens asked Ha. H~ilCon i~ she ~as in hopes ~ha~
~he a~ea would ~eve~ Co single i~ily housing.
~. H~ilCon ~esponded yes.
Che~ motion, Xid~lespe~ge~ second Co deny the request. Mo~ion ~o
deny passed by a vo~a of 6 ~o 1 ~iCh Council ~mbe~ Hopkins casting
~he nay vo~e.
11. The Council considered ~ving zoning case Z-1~69
~able.
S~ephena ~ion, Che~ second Co ~ova ~om ~he ~able.
ca~ied ~nanimously.
12. The Council co~side~ed ~he zoning chan~e ~eq~es~ in Zoning
Case Mo. Z-1569.
~. John Nazs~Cis s~aCed ~hac since ~he ~blic hearing ~hen H~.
O~een spoke in opposition and ~aised ~ha xss~e ~ha~ ~his ~as all
o~nez occupied proper~y on the block, he had had occasion co send
someone ~o the City Tax Office ~o ~esea~ch ~he ~eco~ds. Aa of 1980,
40~ of ~he p~ope~y on ~he s~ee~ of the p~oposad zoning ~equesC
o~med by absences o~ne~s. Azound ~he co~nez ~o Handles Screen,
30.1~ are also o~ned by absentee o~ne~a. ~. Na~suCis also s~a~ed
~ha~ ~he po~ion which is across Fain S~ee~ ~o ~he sou~h
single ~ilM housin~ amd ~ha~ o~e of ~he nursing h~s is located
he~a. South f~om Che~e are some ch~ches and the ~odeo g~ounds.
The_po~Cion no~h is mulCi-f~ily and duplex as ~ell as several
no~ con~o~min8 ~ses on Denisom SC~eeC. Mr. Na~suCis stated Cha~ he
~as hoc his incen~ion ~o ~o anything ~hich ~o~ld jeopa~dize chis
neighbo~hood. ~e~e had been no xmp~ovemen~ on Chis p~ope~y fo~ 33
2ea~s and any ne~ and proper cons~ruc~ion ~ould be asset ~o ~he
neighborhood. Mr. Na~su~ia sCa~ed Cha~ he hoped ~e Council and
~haC ~hey ~ould look aC ~he case land use plannini ,i~ua~ion.
Hr. Na~su~is further stated Cha~ ~e~e ~ould be mo~e ~affic ~iCh
an7 kind o~ structure Che~e ~han ~ha~e is mo~ ~i~h C~o vacant lots,
buC Cha~ he did no~ believe cha~ ~ouz addi~ional housin~ uni~s on
Ca, roll ~ouleva~d ~ould make a subscan~ial diifezence. In
discussions ~iCh City S~a~f, ~z. NazauCis a~a~ed Cha~ i~ ~as his
unde~s~andini unde~ cbs mas~e~ plan Cha~ Carroll ~ouleva~d ~ould be
exceeded an~idened. If chis is dona, only ~he ne~ a~uc~ures
the p~opoaed location ~ould be s~andin~ a~ ~haC came as the oche~
,~uc~ure, ~ould have ~o be cond~ed. Only the ney
could came into account the ~idch of Ca~zoll Boulevazd and be placed
Meeti~S of May 10, 1983
Pa~s Ei~.ht
Back far enough. Some of those parties who own houses in~nediately
adjacent to tbs property face a very stron~ possibility of losin~
their ho~es at that time through condemnation. Mr. ~arsutis stated
that at this time, he Believed his petition would be the best uae of
the land and would service the nursin~ homes. Be desired to put up
two duplexes to service the nursin~ homes and be an auxiliary use to
them and to supply housin~ ~o those who might otherwise have to be
away from their loved ones in the home.
Council Member ~iddleaperser stated theC in the past if chore wee
opposi~ion to a ~onin~ chan~e, ~he Council had tabled petitions to
siva the Cwo per,les an opportunity to settle disputes.
Council Member Stephens asked ~r. Narsutis if he had said when
Carroll ~oulevard was widenS, the eas~en~ would c~e off of the
Mr. Na:eu~is replied ~haC he had not said :hat but it was po~ible.
Mr. Lloyd Green a~pea~ed atatin& that he was for pro&rose and that
the Council should be co,ended for their previous action on this
petition. Mt. G~ee~ eta:ed that he had no objections to single
~amily hou~in~. In re~ponle to Mr. Narautie'~ ~tat~en~ that fha
Mr. Green s~a~ed =ba~ ~he people in =he nu=sinE homes did not
~heir relatives to move ~hl= close. Mt. Green reported tha~ he had
been harassed by ~ha o~ner~ of the Bea~ont Nursin~ H~e tryin~ ~o
~e= him to sell his house. Mr. Green also stated that crime rates
ri~e a=ound apa~n~ an~ duplexes and he was s~ron~ly opposed
the zonin& clas~ifica=ion chan~e.
David flli~on of =he Staff reported that ~he lon~ range ~lan for
widenin~ Gar=oll Boulevard had not determined which proper~y would
be effected. ~e Plannin& and 2ouin8 Co~ission did uo~ feel
duplex land u~e a~ =his ~ite ~ould negatively im9ac~ the overall
character of =hi~ area and rec~ended approval of the thanes of
zoning.
The ~ollo~im~ ~inance ~aa p~eaen~ed:
~ O~IN~CE ~DING ~E ZONIN~ ~P OF ~E CIT~ OF DENTON,
~, ~ ~ WAS ~PTED A~ ~ APPEnDiX TO ~E CODE OF
$~-1~ ~D A~ ~AID ~ APP4IED TO CIT~ ~T~ ~ ~ 2, ~CM A
OF ~E XI~ A. ~IS SUbDIVISIOn; ~D ~ P~TICU~Y
DES~IBED H~IM; ~D DECKING ~ EFFECTIVE DATE.
Bar=on ~ion, Ho~ius second ~o adopt the ordinance chan8in~ the
zonin& fr~ sin&le f~ily ~o Che =wo-f~ily classifica=ion. On
call vo~e Bar=om "aye", Ho kins "aye", Stephens "nay", Alford "nay",
Riddlespe=~e= "nay", Chew ~nay", and Stewart "nay". ~tion failed 5
~o 2.
13. ~solu~ions
A. ~e Council conside~ed adopCion of a =esoluzion in
suppor~ of religious freed~ for all den~ina~ions.
Council ~be= ~a=ton scaCed tbs= he had requested this resolution
be placed on =he a~enda to suppl~enc and broaden Che in~en~ of
resolution p~eviously paaa~ in suppo~ of ~he Sahai Faith.
~e followin~ resoluCion was
~3~ity of Denton City Council Minutes
~eting of ~lay 10, 1983
Page Nine
WHF~, ye live in a world that m~kes universal human
rights our first prio£ity if civilization is to survive and advance;
end
k~IE~S, a major obstacle to the attainment of universal
human rights is the prejudice that manifests itself in the
presecution of a people ~or lbeir religious beliefs; and
WHF~EAS, the earth is, in ~eality, one country and ~nkind
its ~itizena; and
~E~. ~e in ~ezica have been ~iven ~zeat spiritual
capacities and blessings;
~E~, ye must take ~be leade~ship in the ques~ ~or an
attai~nt o~ universal h~an ~i~hts and ~eli~ioua
NOW, ~0~, BE IT ~SO4~D ~? T~ CI~ COUNCIL
That we, the City Council o~ Denton, Texas, do hereby
p~otest the =elentlesa persecution o~ individual m~be~a
universe because o~ thei~ ~eli~ious belie~a~ and
IT IS ~UR~ER ~SOLVED, that the City Council o~ Denton,
Texas enacts this resolution o~ s~atby and support o~ ~eli~ioun
~eedom throughout the ~o~ld in ozde~ that the vo~Id ~y kno~
sen~i~nta on this h~anita~ian issue.
PASSED ~D APP~VED this the 10th day of ~y, 1983.
RICHAED O. STEWAJ~T, ~IAYOR
CITY OF DENTON, TEXAS
ATTEST:
C~TTE ALLEle, CITY SECI~TAA~Y
CiTY OF DENTOn, TEXAS
APPenD ~ T0 ~GAL FO~:
C. J. TAY~R, ~., CITY A~O~EY
CITY OF D~TOM, TE~
Barton motion, Chew second that the ~e~olution be passed. On roll
call vo~e Ba~on aye , Hopkins aye , Stephens aye , Alto~d aye ,
Riddlespe~e~ aye , Chew aye , and ~yo~ aye . ~ion ca~ied
unanimously.
B. ~e Council con, ida=ed adoption of a ~e~olu~ion
aucho~izin8 an ag~e~en~ between the City o~ ~enCon and ~he Texan
~unicipal Powe~ Agency ~e~a~din& owne~ahip o~ electric facii~iem and
imp~ovemen~s placed on City p~ope~y ~y ~A.
a~uc~u~ea on City of DeuUou p~opez~y o~ eam~eu~. This ~eaolu~iou
would focalize ~he ag~e~eu~ which ~hs City has wi~h ~A ~ega~i~
~heae a~uc~u~ea.
235
City of Denton City Council Minutes
Meetin& of May 10, 1983
Page Ten
RESOLUTION
BE IT ~ESOLVED BY THE CITY C~UNCIL OF THE CITY OF DENTON, TEXAS:
The M~yor is hereby authorized to execute on behalf of the City
of Denton, Texas an agreement between the City of Denton and the
Texas Municipal Power A~ency, a copy of which is attached hereto and
made a part hereof.
This Rasoluton ehall become effective from and after its date of
paelage.
PASSED A~D APPROVED this the 10th day of May,
RICHARD O. 5I~W~KT, MAYOR
CITY OF DENTOn, TEXAS
ATTEST:
CHAELOTTE AL~N, CITY SECI~ETA~X
CITY 0~ DF~NTON, TEXAS
APPROVED AS TO LEGAL
C. J. TAYLOE, J~., CITY ATTOB.NEY
CITY OF DENTON, TEXAS
BY:
Chew motion, Barton that the resolution be passed. On roll call
vote Barto~ "aye", Hopkins "eye", Stephens "aye", Alford "aye",
Riddlesper~er "aye", Chew "aye'~ and Mayor "aye". Motio~ carried
unanimously.
C. The Council considered adoption of a resolution ~o
create Argyle Municipal Utility District (MUD).
Bob Nelson, Director of Utilities, introduced ~anaall Davis of
Argyle.
Mr. Randall Davis, representing the Argyle Citizens Committee,
stated that the committee had been workin8 on sewer system problems
and had looked at alternatives to septic tank sye:,ma. Mr. Davis
repo~ted that the group needed permission from the City Council to
create the ~ffiD District in the City of Denton exeraterritorial
jurisdiction.
Council Members Stephens asked if the total acreage was 605.
Mr. Davis responded yea.
Stephens asked the location of the property.
Davis responded it the core of the City of Argyle and outward in
several dtrec~loas ~lto ~he Denton extraterritorial jurisdiction.
Mayor Stewart stated that he was opposed to someone else serving
Denton's ETJ other than Denton because of possible future
annexations.
23City~ of Denton City Council HtnuCes Pa&e Eleven
Bob ~alson stated that the Staff supports the I~JD because it would
correct sewetaAe problems and added that he would su&&eet that the
dasi6n of the syscom be compatible with the City's system should tbs
a~aa be annexed.
Council ~embe~ Hopkins asked if the City could ba ¢~edtt
wastewateg ~eturned to Lake Dallas.
Nelson responded that Cbs ce~ico~y ia located ~n a dcatnaSe
ChaC ts used by the City of Denton ~ot an Envi:o~enCaL PcocacCioo
~ency 8rant.
~yot Stewart asked i~ we could serve Cbs ETJ beccet than At&yle
could aC Chis
Council ~be: giddleepetset scared chac out plant could handle the
effluent buc it ee~ed co him co be a question of bain& a
nei&bbot.
The ~ollovin& resolution ~aa
XE SO LUT ~ ON
A ~SOLUTIOR by the C~cy Council of the City of
Texas, conaenCin& to the tntt~uctton o~ au ACC
cteaCtn& a ~untctpal Utility District CO be kno~ aa
the "Argyle ~unicipal "
Utility District and teeolvin8
ocher ~CCeta incident and related thereto.
~S, in con~otmiCy with the provisions of Article ~VI,
Section 59 of :he Texas Cons:ttution, Cha Ci:y Council of :be City
of Denton, Texas has been fu:nished a copy of a proposed ~ :o be
introduced fo: pasease by :he Le&isia:u:e of Cbs S~a~e of Texas
dutin& ica te&ula: session in ~98~ ptovidtn& for the cteacion
consetva:ion and tecL~cion district in DentonCounty, Texas; such
district ~o be known as ~he 'Atiyie ~unicipai U:ility Die:tire" and
Co include ~i:hin ica boundaries apptoxt~Ce~ 605.85. ac:es of land~
~:e o: less, situated in Den:on ~un:7, i-exes and a pot:ton
~bicb land is located ~i:hin :he ex::a:ettttotial ~urisdicCion
the City of Denton, Texas; and
~, the CounciZ baa reviewed cbs ~c stearin&
OtaC:tcC and ethel evidence and thistle/on telaCinA to the ptopoaed
District and baa foundand determined ChaC consent :et Cbs
inC:oduction o~ the ~C at the :e&ulat session et the ~&/aLacute
Cbs State of Texas ehouZd be &:anCed~ non therefore,
~i IT ~SOLVED BY ~ CIT~ COUNCIL OF ~E CITY OF D~TO~,
TE~S:
~GTION 1: That, in con~otmiCy uiCh the provisions of
Article XVI, Section 59 o~ the Constitution of the State of Texas,
a~ptoval and consent i~ hereby &ivan and ~tanCed for
inCt~uccion ac Cbs casuist eeaaio~ of the LesialaCute of the
o~ Texas in i983 o~ an ~t ptovidin& got Cbs c:eaCion
conservation and tecl~Cion diaCticc to be known II the
Hunicipal Utility District" and conCaininA land therein within the
extraterritorial Jurisdiction o~ the City og Denton, Texas.
S~G~ION 2~ That the City Sec:scary is hereby authorized
and directed Co ~ot~atd a certified copy of chis resolution co the
~vetnot, Lieutenant Governor and Cbs Spea~et of Cbs ~ouae as soon
aa possible; evidencin& cbs Councii~a consent co the c~eacion
pto~eed diact~cc.
237
City of Denton Ci:y ~ouncil Ninnies
~teetin& of ~y 10, 1983
Pa&e T~alva
PASSED ~D ~OV~, ~hie :he ~0~h day of ~y, :gSa.
CITY OF OF. IqTON, TEXAS
ATTEST:
CITY OF DEI~TOa, TEX~S
Bacton motion, ~hew second :bec the resolution be pammed. ~ toll
call vote Ba~Con "aye", Hopkins "aye", S2ephens "aye", Alfo=d "aye",
Riddlespm=sm= "aye'~ Chew "aye", and ~yoc "ayet~ ~ocion cac=ied
unanimously.
~viso~y
Co~lt:ee tec~eudattoe on eLec:tic tare study.
14. ~e Council considered Cbs glec:tic ~te ~vie~
Bob aelson, Direc:o: of U:i~iCies, :spotted chaC the E~ecttic Rate
~eview ~visory C~it:ee chaitpe:son could no: at:end and chat he
~ou~d ~ke the report. ~e co~i:tee had teco~ended chat the
monthly poser adjustment be continued. The comities also asked
~hat the s~L1 tesidenCia~ users be pu~ i~t~. a _cla~s .at ~o~er
races. ~a co. tote also tec~ended Cbs: a ~ILoecc an~
be hired :o verily the equitability o[ :he ts:es.
Ted ~o~, re&~onq: director o~ Gilbert Co~nvea~:h, and
Her~mn, teptelenCaclve tim Gilbert, appeared to speak in ~avor
approval o[ :he con:tact :o conduc~ an independent cos: o[ services
s~ud7·
Council ~bet Hopkins stated ~hat be believed :hie ~ae exactly
:he City needed.
Council ~bet giddleapetlet asked ig other ~A ci~iea utilized the
Gilbert cos: o[ service au:ray.
Mt. Het~nn :elponded no.
~. Th~a eta:ed :ha: ~A had used his [itm ditec:Ly lot aeve:a~
ocher ptoJect~.
~ayot Ste~a~: c~ented :ha: it a~eated the: ts:es ~ou~d be
~u seve:a~ ca:e~oties and aeked ~hete :bees tevenuea ~ould be
2eicon te~nded :ha: :here ~u~ be e~e increases co some
tmaidenCim~ customers and eo~ inctea~e~ Co some industrial
Council ~bets Che~ and giddlespet&et co.ended ~he comities
the work ~hich had bean acc~Liahed.
Bophins ~:ion, ~he~ second to authorize Gilber~ and Associates
conduct Cbs study. ~oCion carried unanimously.
The Council then recessed in: 5 minutes.
15. ~e ~uncil considered chanse order ~3 of Contract
C-~8-LlaS-13 Hickory Creek Lilt Station lot Red River Construction
C~pany.
Bob Halson repotted that the cbanse order ~ae got a ama[1
compressor costin~ $550.
City of Denton City Council
MeeCini of M~y 10, 1983
Pale Thirteen
Alford motion, Chew second to approve the change order.
carried unanimously.
16. The Council considered chan~e order Il3, C-4g-1188-03,
Waatawatet T~eatment Plant, from Gretna Construction Company and
Preese and Nichols, Inc.
Bob Nelson repotted Chat the chan~e order was for a manhole plume
meter to measure the stream back into ~he plant. The meter was
required by the EPA and the cost would be
Hopkins mot/om, Chew second to approve the change order.
carrie~ unanimously.
17. The Council considered funding and purchase of the
Control and Dace Acquisition (SCADA) for the raw water ~ump station
and water plant.
~ob Melson reported this ~as for automatic control to cont£ol the
ra~ ~atar lift system at the late. The present system was installed
in the l~50's. The cost of the $CADA system would be
Chew mo~ion, ~srton second Co approve the funding and purchase.
Motion ca=tied unanimously.
lt. The Council considered a con:tact with Ed Blaylock for a
utility video slide
~ob Nelson repotted that :he Public Otility ~oatd im a plamming
meeting had asked that a slide program be prepared for the Utility
oD~partmant sho~ing the various services of the department. The cost
supplies would be $1500 and $2500 for ~,rolessional
Council Member Che~ sated if the presentation could be
into the Economic Development show.
Nelson responded ~hat the slide show would ~:l~ict a ~our
City of Denton facilities and ~ould ~e used ma: just in Denton.
Council Membe~ Hopkims asked if the al(de presentation would address
the issue oi rates so thaC Council members could use ~ha slides in
giving ptesemcatioms to clubs, etc.
Nelson replied thaC the scope of the presentation could be eapanded
to be used in the co,--umi~y bu~ it was ori~imally seem as a a~ecial
focus
M~yor Stewart stated that from his experience on ~he Electric
Coomit~ee he did not think all of that information could be packaged
into a short film presentation.
Council t~ember ~arton stated that the finished presentation could
possibly be used as one segment of the economic development film at
~ob Neleon reported that many citizens do mot have ~he
Co see the City's utility facilities amd Chat this was the original
intent of the Public Utility ~oa~d in askin~ for the slide show.
Riddleserger motion, Alfo:d second to approve :he contract. ~o~inn
carried 5 to 2 with Council Members Chew and Stephens votin~ nay.
19. The Council considered participation in oversize (above 10"
diameter) of sanitary sewer line irom State Highway East 380 to
Cooper Creek Li~t Station se~vingatlSandyp Hills Mobile Home
Subdivision and Capricorn Mobile Home
239
City of Denton City Council
Meetin& of May 10, 1983
Page fou~tlen
Bob Nelson reported that Mr. Griffis and other developers in ~he
area had asked for participation in ~he oversi=ed sewer lins. The
develope~, would pa7 $18~.000 and the City's portion would be
$70.000. ~7~is would provide better service to this area in the
future.
Mayor Stswart stated thee the developer had called him and stated
that the Ci:y was now askin~ him to pay more than his share.
Nelson ezplained the method used ~o determine each party's share of
the oversize installation.
Hopkins motion. Chew second to approve the participation. Motion
carried u~nimously.
20. %"be Council considarad an increase tn the coverage for
bo~ler ~nd ~cbine in~urance.
Bob ~llon, DirecCo~ o~ U~ili~ies, repo~ed Cha~ ~he S~aff
adequate. ~e boiler and ~chine insurance is for p~esen= value
not for rap~ac~n~ w~ue. ~e S~aff ~ould also ~eco~nd ~
coverage be explnded to cover the machinery ~heCher i~ ~a,
in uae or no~. ~he presen~ insurance will only cove= ~chine which
is da~ad ~hile ia ~he "ia use" condi=ion.
Council ~ber Chew asked if =he =ddi=io~al cover~se had been bid.
Nelson res~nded thaC =he SC~ff h~d ~aken =he axis=ins policies and
puc those ou~ for bids ~i~hout ~he addi~ion=l coverage.
Council ~mbers Stephens asked ~ho de~ermined ~ha~ =he insurance
~elson replied ~ha= John ~xwell handled all of the insurance. The
S~aff suzvey~ =he diffe=e=~ plant si=es ~o determine ~ha~ was
needed.
Council ~be= Eiddlespe=~ar asked wha~ the co,al premi~ would be
per
Nelson ceplied ~ha~ i~ ~ould be approximately $~7.000 a year.
· iddlesperse= motion. S~=~oa second =o ~pp=ove the increase
cove=as.. ~ion carried unani~usly.
21. ~e ~uacil considered pu=chasins assents f=~ ~he Texas
Municipal ~ove=
Sob ~elson. Director of U=ili~ies. =epo==ed char ~A h~d installed
s~e po~e= li=e, nam= ~hez, tbs Ci~7 .as buildtns a ,ubs~a=ion a=
~he ~irpo=t. ~ o~ns =he easeme~ bur would sell ~h~ ~o =he City
for $10.00. ~elson ~=~=ed =ha= =he Ci=7 subs=anion would be lots=ed
on =he uss= side of =he ~A lines.
Council ~e= Bopkins sC~=ed =bec ~he Ci~7 would ~o= be acceptin~
an~ liabilities fo= the ~A lines.
S~==on mo~ion. Alfo=d second to approve =he purchase of
22, ~e ~uBcil co~idezed approval of co~==ac=s for
Defense D=ivi~
Asain=anC City ~na&er Svehla reported ~ha~ ~he procedure for
con~rac~ tevia~ sCa~ed ~haC an independen~ con~tac:ot asteemen~
should be approved.
24O
City of Denton City Council Minutes
Meetin~ of May 10, 1983
Pa~e Fifteen
Hopkins motion, Barton second to approve the contracts. Motion
carried unanimously.
23. The Council considered a~endins the workins capital vehicle
maintenance budget.
Assistant City ManeSer Svehle reported that approval of the
amendment to the bud&et would allow for the transfer of the funds
from the l~achine Shop sale so that these funds could ha used to
paint the buildinss at the old ~ervice Center.
Hopkins motion, Barton second to approve the ~ndmant. Motion
carried unanimously.
24. The Council considered the emergency a~enda addend~ to
approve bid ~ 9133 for the paincin& of the Service Center.
Assistant City ManaEer Svahla reported that this wes the Iow bid
meetinS specifications,
Stephens motion, Riddlesperger second to approve the bid. Motion
carried unanimously.
25. The Council considered nominations for officers and
directors to the North Central Texas Council
Executive Board.
Council Member Stephens nominated James
Stephens motion, Chew second to renominate James ~iddlespar~er.
~otion carried unanimously.
26. The following official action was taken on Executive
Session items:
A. Real Estate
The Council considered approval of an ordinance
accaptinS the dedication of a risht-of-way from E. Dears Headlee.
The followinS ordinance was presented~
~0. 83-53
AN O~DINA~CE ACCEPTISG TH2 DEDICATION BY DEED FgOM E. DEATS
HEADLEE OF CERTAIN ~EAL PP. OPFCtTY SITUATED IN THE B.B.B. &
C.R.~. COMPANY SURVEY, ABSTRACT NO. 18
TEXAS, AND P. ECORDED IN VOhlJME 878, PAGE ~61 OF THE DEED
RECOR~DS OF DENTON COUNTY TO TI~E CITY OF DENTON, TEXAS, FOR
THE USE OF SAXD PROPERTY AS A P~BLXC STI~ET ARD DECLA~tING
AN EFFECTIVE DATE.
Che~ motion, Stephens second to adopt the ordinance. On roll call
vote Barton '*aye", Hopkins "aye" Stephens "aye"
, , Al[ord "aye",
2iddlesper~er "aye", Chew "aye", and Mayor "aye". Motion carried
unanimously.
27. There were no new items of business su~ested for future
aEendes.
~TTE-AI~F~,-CITY
0836¢
241
CITY COUNCIL MINUTES
May 17, 1983
The Council convened into a work aession at 5:30 p.m. in the Civil
Defenee Eoom of the Municipal Building.
P~ESR~T: Mayor Stewart, Mayor Pro Tem Riddlesperger; Council
Members Barton, Stephens, Alford, Chew; City Manager,
City Attorney, and City Secretary
ABSENT: Council Member Hopkins was absent due to illness
1. The Council received a report on :he Police Department's
Juvenile programs.
City Manager Hartung introduced Chief Lynch.
Chief Lynch introduced Juvenile Officer Nike Baker and Crime
Prevention Officer Jim Bush.
Officer Baker gave a report to the Council on the juvenile
involvement in criminal activityin Denton. A copy of this report
ia attached and made a part of these Minutes.
Officer Bush reported that the key to a successful crime prevention
pro&rem was in making people aware of the pro&tam. The Police
Deper~nent at the present time has programs for pre-schoolets on
child safety and Halloween safety. For £irst through sixth grade
children, the department offers a program entitled "Your Police
Officer" as well as other programs on bike safety and a bicycle
rodeo. For seventh ,rade.through. J~nior high, that, are bpj~f~s on
firearm/hunting safe~y, orugs, ~rlnking, shoplifting,__~___ and
rape. The hSgh s3hpol programs include police films .on vandalism,
rape prevention, DUi&Cry and drug souse. Officer Bus~ state~ t~at
all of these programs stress resistance to peer pressure.
Chief Lynch reported that the Police Department had applied for a
grant from the ~orth Central Texas Council of Governments which
would enable the department to have a full-time juvenile officer.
Mayor Stewart asked for clarification on exactly what the law
considered a Juvenile.
Officer Baker replied that a chile l0 years old but less than 17 is
a Juvenile. If over 17, tbs person is considered to be an adult amd
if tbs pa:son is under 10 yeats of age, they do not come under the
state criminal codes.
2. The Council consi~ered recommendations on the Eld&away
Drive project.
City Manager Hat:un& gave a review of the proposed connection o:
1-35 and Loop 288 and stated that future development in the south of
Denton would aggravate the traffic problems at 2181 and Teasley
Lane. Oetails o~ the plan would have to be finalized with the State
Highway Department.
A discussion on the various financing plans and future expansiou of
underpasses and width of the tight-of-ways was held.
Council Member Al~ord stated that he saw this as the beginning of
daveloFment in this area.
City Manager Hartung asked for the concurrence of the Council ~o
proceed with discussion with the State Highway Department.
Eiddlesperger motion, Alford second to authorize the Staff to
proceed with discussions with the Highway Department and report back
to the Council. Motion carried by a vote of 5 to 1 with Council
Member Stephens voting nay.
242
City of Denton City Council Minutes
Mss:in8 of May 17, 1983
Page Two
3. The Couucil =ecetved a repor~ on the philosophy
operation of the Denton Senior
Alsis~an~ City Manager McXean reported ChaC the Council had asked
the Staff to bring back letters from various interested agencies in
support of the broad philosophy statement.
Mayor Stewart stated ChaC i= was good co ge~ input from as u~
different sources as possible.
Chew motion, Stephens second Co receive the report. Motion carried
unanimously,
The Council convened into Executive Session Co discuss legal
matters, reel estate, personnel, and board appointments. No
official action was taken.
The Council ~han convened into the regular meeting in the Council
Chambers ac 7:00 p.m.
PRESENT= Mayor Stewart, Mayor Pro Tem Riddlesperger; Council
Members Barton, Stephens, Altord, Chew; City Manager,
City Attorney, and ~iCy Secretary
ABSENT: Council Member Hopkins ~as absent due to illness
1. The Council co~sidered a al of the Minutes of
Special Called Meeting of April 25, PlF~
Eiddlesperger motion, Alford second ChaC the Minutes be approved as
p~eseuced. Motion carried unanimously.
The Mayor presented a proclaumcion co Ms. ~ran Johnston of
National OrganizaCiou of Women declaring June ~, 1983 as Violence
Against Women Awareness Day.
Mayor Pro Tem Rlddlesperge~ acknowledged students in ~he audience
f~om Newton P. ayzoz Elementary School and asked them Co
2. Consent Agenda
Barton mo~ion, Riddlesperge~ second to approve the Consent Agenda.
~loCion carried unanimously.
Consent Agenda:
A. Bids and Purchase Orders:
1. Bid { 91~2 - Side loading refuse trucks
2. Purchase Order { 57875 co J & S Equipment in
excess of $3,000.00
B. Plats and Replete:
1. Approval of the final plat of the Colorado Couz
Subdivision. (The Planning and Zoning Commissi
recommends approval.)
2. Approval of the final plaC of lots 1-6, block 1,
Sauls Addition. (The Planning and Zonin~
Commission re=ommends approval.)
3. Approval of the final pleC of lots 1-15, block
1~, Wimble=on Village, Phase ~V. (The Planning
and Zoning Co..~ission =econo, ends approval.)
City of Denton City Council Htnu~es ~43
~eeCin~ of ~ay 17, 1983
Pa~e Three
_Approval of architectural elevations and plats for
Z-I~7~. (The Plamning and Zoning Commission
recommends approval.)
D. Approval of a contract with LWFW Group for info£mation
needs study of a Municipal Cou~t System. (The Data
Processing Advisory Board recommends approval.)
3. The Mayor presented awards from the Texas Safety
Association Co the following departments:
Chris Hartung accepted the award of honor for the
Denton ~4~inis~ration.
Joella Orr accepted the award of merit for ~he Library.
Jerry Rousch accepted the award of merit for Water
Production.
Larry Schneider accepted the award of merit for the Street
Depar~en~y Wells the award of merit for Substs~ions and
accepted
Jack Ja~vis accepted ~he award of achiev~en~ fo~ ~he
~chime
Public Hea~ing~
A. ~e Council considered =be peri=ion of ~wis Cook
requesting a c~an&e in zonin~ f=~ a~ricul=u~al (A) =o =he planned
develo~n~ (PD) claaaifica~ion on a 14.0734 ac~e ==acc be8innins
alon~ =he eas~ side of Einey Road, adjacent and aou~h of U.
Highway 77, and app=ozi~=ely 200 fee~ north of Old Sanse~ ~oad
(Windsor Dwive). If app=oved, ~be planned developmen~ (PD) ~ould
pa=mi= =ha cons=rut=ion o~ 41 duplex units and 118 mul~i-family
units. (Z-1576)
The ~ayo= opened =be Public Hea~ing.
~e ~2o= asked ~o= anyone w~ahins =o speak in favor o~ =he petition.
Mr. Jay Wi~er, pa==ner of 4ewi~ Cook, spoke in favor of
peri=ion s~a~ing =ha= be had worked with Gerald Scone and members of
~he S~aff. The developers had a==empce~ =o buf~e~ single member
dwellins ~i~h one s=o~2 duplexes and have the high in~ens~cy
stared =ha= =he developers wouAu s~=xve =o~ a project =ha= =ney
=he City could be proud o~ aa ~ell as one ~hich would utilize the
land ~o ira hishesC and best use. ~r. Wi~er also s~a=ed cha~ he
did hoc think =ha= =here were any ~roblems ~hich could no~ be
~eaolve~.
Council ~mbe= Eiddleape=~e= asked ~. Wi~er i~ he had a~=emp=ed
talk ~i=h =he
M~. Wi~ ~es~nded yea and that ~he problems a=isin~ were from ~he
t~o ~in~a of pavin~ Xiney Road and ~ra~na~e on the proper~y to ~he
south eaa~ corne~. M~. Wi~er stated tha~ an engineer faS firm had
surveyed ~he p~ope~t2 and did no~ believe tha~ ~here was any problem
which could hOC be overcome, The collector basis fo~ ~ainase was
in the south eaaC co~ne~ of ~he projec~ and Mr. Wi~er sta~ed ~ha~
i~ was a ~t~er of enginee~ins work ~o assure ~ha~ ~he proper~y
which was mot pa~ of the proJec~ was adequately pro~ec~ed, ~e
drainage problem has been discussed wi~h the S~aff and ~he
developers had scaled do~n ~he density co allow for ~re green space
so as ~o have an acceptable ~un-off coefficient.
Council Membe~ Eiddles~ez~e~ a~ked if the developers had met with
the ~eaidenca individually,
244
City of Denton City Council Minutes
Maetin8 of May 17, 1983
PaSs Four
~ Wimmer responded that they had mat with a homeowners Stoup ou
north side and with a ~Jor of the homeownerl individually.
The Mayor asked for anyone wish/nS to speak in opposition to the
petition.
Mt. Donald Davis, 616 NorthridBe, stated that there was
Dleishborhood Crime Watch proBr~ in thi~ a~ea which had circulate~
petition and had obtained 162 mi~natutem fr~ teeidents oppoQin8 t
petition.
~. Melvin Dane, 1028 SauBet Road, mtated that him home wa~ in line
with the middle of the proposed develo~ent. ~mthe~ the ptope~ty
was developed or not, he stated that he ~ot the water drainage.
Dane mtated that the area behind him i~ te~aced and if the
te~tacin8 was re~ved, the wa~et would comm down on him property.
M~. Dane stated that be Jumt w~uted to 6o ou the ~ecord
him conceuu over the water d~ainin~ ou him property.
~uucil ~mb~t Chew smked if Mr. Dane's only objection was the
M~. Dane replied yes and that he wanted to make mute the water did
not come down on him.
~. Glarime Lure, 409 ~nolia, mtated that mba was concerned about
the dratnm6e and felt thtm problem should bm molved first bmfote the
developer started the project. ~. Lure almo re~tted that Windmot
~ive &oes thtouBh the park and mhe felt that Wiud~o~ should be
w~deued to a four lanm before this ptoJect be conmideted because of
the traffic problem in the park. Rm. Lure almo ~tated that, a~ a
homeo~ of the area, she was concerned about the d~n~ity.
~uucil ~mber Riddlemp~r8er asked if Mm. Luce thouBht buildf
apa~tmentm would reduce the value of her
M~. Lure replied that she did, but her ~in concerns were the
d~aiua~e and traffic problems.
Mt. Gary Flora, 61~ Borthrid8e, mtated that if tbs petition
apptovmd he felt it would decrease the propeety value
pommible future problems fo~ resale of miu{le member houmem in the
area. Mr. Fiote also ~tated that the Denton Development Guide
called for siuEle f~ily dwellin~ in this area and that the a~ea
p~ime remideutt~l atma now.
~. Jane Mort, 610 Northtid{e, stated that the~e had been a 440%
increase in apa=t~nts approved from the fl~mt qu~ter o~ 1982 to
tbm first qua~ter of 1983. ~. Mort mtated that if the Gity of
Denton needed ~re apartmeutm, mba did uot mae why they would have
to be in this part of to~ mince other a~eam of town already had
aperient zoning.
Mr. Art EQpeuam, 621 Northrid{e, mtmted that he had researched the
mtatimtic~ andhad found that ct/me wam mote prevalent
apartments and the NortbridBe residents are concerned about
beinE a problem.
Mt. Ron Arrin~ton, 620 ~orthrid~e, stated that apartments would
ri6ht behind his home and that traffic wa~ ve~y dense. ~
~esideu~m had hoped that Wiudmo~ Drive would alleviate this
p~oblem but felt that the density of the proposed apattment~ would
add to th~ traffic. ~ny of the streets in this uei~hbo~hood have
no mtop miens which allows for an unrestricted flow of traffic. Mt.
Artiuston stated he believes that Highway ~ would make a nice
natural boundarywitb sin8le f~ily dwelltn8 to the south and the
apartments to the north.
245
City of Denton City Corm:il btinutes
Mae:ina of May 17, 1983
PaSs Five
The Uayor state~ that Mr. Ar:lesion had raised another area that the
City naeoed to look at which was the traffic through the park area.
Mt. ~alph Martians, 716 Notthridge, stated that ha believed the
apatt~mnts bed the potent:al to add approximately 800 new cars in
the 14 ac:es tract of land and it would funnel down to the
Northridia area. Mt. Martians also stated that he had not seen if
the parkln~ uould be off or on street.
Mr. Cbs:lie Cunniniham scared that the developer would pave 17 feet
of ginay Road and that the City would pave 7 feet and asked who
would pave tbs other half of the road.
MX. Ralph Co:dray of giney goad stated chat he was also concerned
about tho drainage, If the developers widened ~iney Eoad 60 feet,
he would lose his peach trees and Mr. Cunninsham would lose his
awi,mins pool. Ut. Cord:ay also asked who would pay for the
paving. Ut. Co:dray stated chat the dust had been a problem, but
was his understanding chat tbs City was planning co place rock and
oil on the street which would solve the dust problem. Ur. Cordray
stated that ha did not want paving because of the increase in
traffic, llt. Cordray also stated that he did not want to pay
pave the road.
The ~aTor Save the petitioner an opportunity for rebuttal.
Mr. Nimmer stated that no development of any size was without
problems. He felt that the drainage problems would be handled. The
density would be 11 uaits to an acre and if every unit had two
cars, this would only be approximately 350 care and that every unit
would not have 2 cars.
Mx. Wimmar scared that paving the road would take some traffic off
of l~occhridse.
Mr. ~immer also stated that the developers ~ere tryinS to fulfill a
need for a certain type of affordable housing.
Council Member RiddleepetSer stated that the City Council sometimes
save people timm to Set with neishbqrs and work out any
problems a° edif MX. Wim er wante more time.
Mt. Wimmer stated that he would if he needed to. He also stated
that ha could not see that this development would add to the traffic.
David Ellison, Planning and Co.~nunity Development Staff, stated that
27 reply forms ware ~iled. une was returned in favor, 1 in favor
ition. Ellison
with conditions0 and 6 were returned in qppos
repo~ted that the drainage p:oblem had been a~equately dealt with
and that the pavins had been researched.
Mayor Stewart stated that it looked like everyone agreed that the
drainage would be a severe problem for this development and, more
importantly, for future developments.
Council Member Barton stated that he believed the petition may be
premature.
mottos, Alford second to deny the petition. Motion
Eiddleaperse:
deny carried unanimously.
5. The Council considered removing Zoning Case 5-164 from the
table.
Barton motion, Chew second to remove the case from the table.
Motion carried unanimously.
City of Denton City Council Minutes
Meeting of May 17, L983
Page Six
6. O~dinances
A, The Council considered adoption of an ordinance
changing the zoning from light industrial (LI) to a specific use
permit to allow for the expansion of cbs Center Point Mobila Home
Park on property located adjacent and north of the existing mobile
home park and containing approximately 4.5 acres of land.
Center Point Mobile Home Park is located along the west side of Fc
Worth Drive (U.S. Highway 377), beginning approximately 200 fe
north of the intersection of James Street and Fo~t Worth Drive.
(S-164)
David Ellison of the Staff reported Chat the petitione~ had reduced
the expansion plans to only 20 pads.
Council Member Stephens asked why Mr, Simon Lewis had objected when
the Council had held the public hearing on this case.
Ellison ~eplied that M~. Lewis o~ned adjacent property.
The following ordinance was presented:
~0. 83-~4
AN OP. DI~AIICE GRAI~TI~G A SPECIFIC USE PER~IT ~
~E ZONING ~P OF ~ CITY OF DENTON, TE~S, AS S~ ~AS
~OPT~ ~ ~ APP~DIX TO THE CODE OF O~IN~CES OF ~E
CITY OF DE~TO~, TE~S, BY O~I~CE NO, 69-1. ~D AS SAID
~P APPLIES TO APP~II~TELY 4.5 AC~S OF~D l~ ~E CITY
~D COUNTY OF 9~TOS, ~$; ~D DECkinG ~ EFFECTI~
DATE.
Chew motion, $~ephens second co adop~ the ordinance. On roll ct
vo~e Barton "aye', Stephens "aye", Aliord "aye",
"aye", Che~ "aye", and ~yo~ "aye". ~o~ion cad. ted unanimously.
7. [eso[uCiona
A. ~e Council coneide~ed ~pp~oval o[ a ~eaoluCion
adoptinS an economic development policy.
City ~naie~ Ea~uns repo~ted ~haL a d~af~ of ~he resolu~ion was
p~esenCed Co the Council on April 26 and ~as on ~he agenda [o~ ~inal
app=ova[.
Council ~mbe~ Stephens asked if ~he ~eaoluCion should include
p~ofessional and business inca=seca in additional ~o tndus~rial.
Council ~be~ [iddlespe~Se~ re[e~ed Co 2he stage.nc in
resolution ~hicb s~a~as ChaC the City supported neu businesses and
industries.
[ES OLUT I O~
~S, ~he City Council is dedica~ed ~o 2he
~intainins the quality o[ [i~e now enjoyed by the citizens ok t
City of Denton,
~E~, the City Council strongly believes ~ha~ ~he ~ecruicmen~
of ne~, envi~o~enCally clean indus~rial ~ow~h and businesses
the City o[ Denton is vital ok the ~inancia~ ~ell-beins oi
co.unity; and
~E~AS, ~he City Council is supportive of the efforts oi the
Denton Ch~ber o[ Come.ce Co aCc~ac~ ne~ business and industry
~he a~ea and is ~o~kinS in cooperation ~ich ~he Chamber oi Co~erce
Co encourage the development of ne~ Jobs; and
City o~ ~enton City Counci~ ~in~tes ~
~eetinS o~ ~7 17, 1953
Pa~e Seven
~El~J~3, the ~cowCh of new industry adds noC only
dicect enployment oppo~tunity, but ~esults also in
additional enployment expansion and other support services
within the community and p~ovides fo~ a healthy tax base;
and
· ~EKEAS, the City Council believes in the p:o~Cion of
~outiam and conventions in ~nCon; now, therefore,
BE IT ~SOL~ BY ~E CI~ CO~CIL OF ~E CITY
SECTION I.
~aC the City Council of the City o~ Denton does
hereby adopt the full.inS econ~ic develo~en: policy
sentients:
1. Ic ia the policy og the City of Denton ~o retain
and et:en~cben ice position aa a ~Jot business and
induaCtial sics locaCed in cbs ~lden T:iangle
~Sion.
2. ~e CiC~ ~ill conCinuallM ~eaaseas and upgrade ica
Denton Develop~nC ~ide Co enaoce an adeqoaCe
invenCocM o~ indueCcial zoned
3. To the extent possible, envi~o~encal
~oc p~oapecCive ind~aCcial plants meeting ~ede~al
and scats clean aiw and clean waCe~ goidelinea will
be acc~plished by the City on a pceclea~ance basis
by geo~caphical aces and zonin~ caCeSo~lae.
4, A~cicultu~ally-~elated industries will be
emcou~a~ed.
5. The City will e~au~e a~ adequate supply
ablM pziced wate~ ~oz industrial uae.
~. The City will pazticipate with m~be~s of the
Dentom Ch~be~ o~ C~:ce im sponso~in~ an
ecomomic develo~ant p~o~.
?. Am uppe~ level ~na~ement person will be designated
t~ act as a liaison fo~ the City in wo~in~ with
the Ch~be~ an~ induat~ial p~oapects.
~. The City of Demtom comaide~a it important to t~ain
an~ ~etzaim woz~e~a ~o~ entry into indust~ial Jobs
a~ w~ll ~a~tici~ate with the Coumt2 of Denton, the
Cb~ez of Ce~ce, the Denton Independent School
Diat~ict, amd othe~ educatiom/t~ainim~ institutions
to e~couza~e local t~ainim~ p~og~a.
~at tbia ~eaolution a~all become e~fective upon its passage and
approval.
PAS~ ~ APPenD this the 17th Oay of ~y, 198~.
glCHAi~ O. STEWART, MAYOR
CITY OF DENTON, TEXAS
248
City of Denton City Council Minutes
Meeting of May l?, 1983
Page Eight
ATI'~ST:
CITY OF DKI~TO~, TEX~S
APP~OYED AS TO L~GAL
G. J. TAYLOR. JR., CITY
CITY OF DENTON. TEXAS
Chew motion, Alford second that the resolution be passed. On roll
call vote Barton "aye", Stephens "aye", Alford
"aye", Chew "aye", and Mayor "aye". Motion carried unanimouely.
8. The Council discuaeed the procedure for adoption of airport
land use zoning regulations.
Charlie Watkins, Senior Planner, reported that in order to pUrlUl
land use zoning, legislation stated that there must be a governing
body and this body could either be the City Council or a Joini
Airport Board. The Joint Airport Board couldacres the Airport
Zoning Board or the Council could appoint the Planning and Zoning
Commission to obtain input from the Airport ~oard and act as the
Air~ort ZoninS Board to make final recommendations for Council
action.
Stephen~ motion, Chew second to appoint the Planning and Zoni~
Commission as the Airport Zoning ~oard. Motion ca~ried unanimously
9. The Council ~onsidered approval
personal property tax accounts.
City Manager Hartung stated that this was a routine item which the
Council received from time to time.
~iddlesperger motion, Chew second Co approve the adjustment. Motion
carried 5 to 1 with Mayoz Stewart rotan8 nay.
10. The Council considered employment of the firm of Thompson
and Knight co assist the City with negotiations for a new gas supply
contract for the City electric system.
City Manager Har~ung reported that the TI~A cities had contracts
with Lone Star Gas Company which would expire on January 5, 1985.
With the prospects of deregulation, the IlIVA City Managers felt
need to find negotiators with the expertise to assist in the
of these contracts. The firm of Thompson and knight offered this
expertise. The other TMPA cities had requeate~ their Council
approval to employ the firm.
Chew motion, ~arton second to approve the employment of Thompson ·
Xnight. Motion carried unanimously.
11. The Council held a discussion on budget priorities
provided for in Section 8.03 of the City Charter.
Council Member Chew stated that he would like to see no new taxes
even if funds for parks and travel had to be reduced.
Council Member Stephens stated he would lika to see street
improvements.
City of Denton City Council ~linutes
Maetinl of May 17, 1983
Page Nine
Council ~be: giddlesperger sta~ed thaC the County may drop support
of the Lib=cry and the Council would need ~o look at this durin~
budget cim~.
Mayor Ste#a=t ste~ed that the Council should also consider
organizing · City Health Department.
Council M~mber Stephens stated chat when budget discussions were
held with the County, the Council should look at the possibility of
water quelit! sanitarians.
12. There was no official action on Executive Session items:
A. Legal Matters
S. ~eal Estate
D. ~oard Appointments
13. New Business
Council ~mbe= ~a=Con requested a resolution be placed on
=be June 7 aienda in appreciation of ~i=a Thurman with =he
si~naCu=es of ail of =ba Council ~mbecs,
Council ~ba= Stephens requested cha~ fur=her ins=~uc~iona
from Cha Council should be ~iven re~a=din8 ~he concinua=ion of the
DenCon 80's S~ee=in&
CH~KLOTTE 'ALi~t/, CITY
0850¢
Outline
Oa~e~ May 17, 1~3
Topt¢: duventle Invalv~r~nt in Crtm~nal Activity tn Denton, Texas
A. Int~o: In the past twenty years there had been a major increase of children being
tnvotved tn criminal activities, not only tn Oenton, but across the country. According
i~ National Statistics rmleased by the Texas Canter for Juvenile Delinquency Prevention
tn San Mmrcas, Texas, SSS :o 60% of all p~o~erty crtm~s for lg8~ was caused by Juveniles.
They have also stated that 50% of all crimes for lg~Z were caused by Juvenile offenders
and that ~3% of all violent crtmms, such as rape, ~obbery, and murder arm caused by
children. They also noted that one out of every 9 children tn T~xas will be charged
a criminal offense before they reach their 17th birthday, and that app~x~ma~aly 95[, '
all children will c~t so~ form of a crime which i~ey could be charged for before
they reach their 17th birthday. These are ~retty astounding ftgu~s when you realize
that there are mare adult~ than children tn this country. Traditionally speaking,
mast law enforce~nt agencies spend about 1/8 of their investigative ~lme on these
reported Juvenile offenses and these Juvenile of Censes often equal 50% o~ all their
reported criminal offenses. Z~ should be understood that s~atisttcs are often misleading
tn that they only show those offenses which have a witness or a listed juvenile suspect
and they do not include the "unknown suspect" offenses which, through lagtc, could lead
to Juvenile offenders.
B. Oenton: Denton roughly has a population of 50,000 people w~tch cover SO s~uare miles
~n area. It has a police force o~ ap~r~xtnmtely 79 individuals which includes one
Juvenile officer. For lgS~, Oenton had 3,803 reposed cr~mtnal offenses and ou~ of that
gl6 ar SCI were criminal ot~enses which involved children as either suspects or victims.
IS should be noted that this ts below the national average. Out of this figure of
offenses the Denton Police Oeparment ~uventle Division wes only able to actively
investigate 366 cases. This means tha~ only ~0% of the 916 rebortod Juvenile
were investigated. The main problem ~ar the other ~0[ of Juvenile offenses not being
investigated was due to the lack of manpower and personnel. Of the 3~ cases
investigated by the Juvenile officer were included the following subjects:
6 rapes
3 robberies
4 aggravated assaults
45 assaults
~7 burglary of buildings
16 burglary of habitations
5 burglary of vehicles
3Z felony thefts
7] misdemeanor thefts
~ vehicle thefts
Z forgeries
34 crtmtnal mtschiaf cases
] narcotic offense
60 ~unaweys
5] other offenses
Of the 366 cases worked by the Juvenile oCftoe~, 195 wero either cleared by arrest,
exception, or by being unfounded. This ts a cleareece rate of S3[. I~ should also be
not~ tha~ ou: o~ the 366 cases asstgned to the Juvenile ol~lcar 57o~16[ were not
Juvenile offenses, but were adult oases. The Denton Police Department took 378 children
into custody.
The cha~ges wa~. a~ follow~:
A~saul ~ ~ 7
Aggravat~ ~s~ult
Alcohol O~Y~s~s
8u~la~ o~ 8u~d~s 28
Bu~la~ o~ ~b~t~tons
Bu~la~ o~ V~cle~
C~mtnal ~lschte~ 17
C~min~l T~ss 5
8tso~erly
D~tving while intoxi~t~ 4
Es~pe 4
F~lse ~.D.
~ndecen~ ~posu~ 1
Possession
P~stitution 1
Publ lc In~xlcmtian 12
Public In~xication o~er
Reckless conduct 4
R~kless d~iving 1
Resisting ar~a~t
Runaway 47
Tar~i stic ~rmats 1
Telephone Harass~nt 4
Theft under 5 19
~eft over 5, under ~0 14
~eft over 20, undm~ ~OO 31
~eft over ~, under 10,0~ ~3
Truancy 53
Unmuthoriz~ Use of ~r Vehicle 3
Unlawful C~ing ~a~on
Wmrrmnt 1
Total: 3~
C. Duties of the Juvenile Of~tcmr: The Juvenile officer's nmin responsibility is to
investtgmte mll crtmtn&l ot~t'ensen ~lch are assigned to him. He operm:es under the contra
of the Criminal Investigation Division mhd is rmsponstble to those supervisors in that
division. Besides investigating rJetmtnal o~fenses, the juvenile officer is responsible
to check mll Juvenile mrr~st reports mhd re~er the~ to the p~per agencies for dispositi~
The Juvenile o~tcer also works closely with the Denton D.A.'s office in the preparation
of cmses w~lch will go befo~ the Juvenile and mdult coups in this county.
The juvenile officmr is mlso res~nsible for working with the Texms Oepmrt~ent of
Human Resources an cases which involve child abuse, sexuml abuse, and neglect. The
Juvenile officmr needs to be m sp~ially trained individual who should have skills in
dealing with pmrents, children, ~nd friends in highly ~ttonal situations such as rape
and child ~buse. The Juvenile o~tcer is also a resource person for the citizens in
dealing with their children mhd is utilized in special police problems which may arise
on occmston.
~. took to the Future: At this tt~, there is only one person working as a juvenile
off, car and due to the la~ge an~3unt of .ork that extsts only parc of ~e Job ts getttng
Hop~ully, if Ind ~en ~ ~l~ve ~he $:ata ~uvenile Grant, ~ will be able to
ac~vely Investigate a la~e~ ~un~ of ou~ ~uv.n~la ~.~r~ offenses. ~ ~hould ~
that chtld~n a~ gotng ~ make m~s~kes as they g~ up wh~, ~n ~tself, ~s a
l~lng p~cess. But, tf ~ese Otld~n a~ not locat~ And dealt w~ and ~cetve
~at~eP help ~s necessary, they ~ g~ up to be a human off s~ety tns~e~d of
a functioning ~ of ~e c~n~. Dentil, as a ~ole, d~es not h~ve as la~
CITY COUNCIL MINUTES
The Council convened into the Special CmlZed meeting at ~:00 p.m. in
the Civil Defenme Boom of the ~tunicipal Building.
PRESENTs Mayor Stewart, ~yo~ P~o Tem Xiddleape~ez; Coumcil
~eza Ba~on, S~ephema, Al~ord, Che~; City ~nagez,
City Attorney, and City Secretary
1. ~e ~unctl conmide~ed adoption of a resolution resarding
fundin~ o~ the City/County Library, City/County Health Unit, an~
Flo~ M~zial Bospital.
City ~na~er Ba~tun~ ~epo~ted to the Council that the ~eaolution
a ~eaf[i~ion of the City'~ intent to [ollo~ the ~uidelinea ~o~
dete~mination o~ Joint [undin~ levels aa set out by the
formula. ~ia ~thod was the a~e as had been used in the past.
Council ~m~ Stephens asked ii the new dolla~ ~igu~es ~ould then
just Be added to the
City ~na~e~ ~a~tumg ~eplied yes.
~e [ollo~in~ ~eaoluyion ea~ p~eaented:
~14~u~AS, the City Council of the City of Denton and the
Commissioners Court of ~anton County have agreed to pa~ticipate in
several Joint projects to the benefit of ~he citizens of Denton
County; and
~IEEEA$, the members of both bodies have indicated a desire
~o fund thome Joint proJectm in a manne~ that im fair end equi~able
to all of the citizens of Denton County; and
WIAEEEAS, to that end a committee was appointed to develop a
recommended formula for the allocation of the costs of the
City/County Health Unit, the City/County Library, and Flow Memorial
Hospital; and
~, this c~iCCee chai~ed by ~r. Alonzo Jamison did
~eco~end ~o the City Council and ~he Co~issioners Cou~c a ~ocmula
[o~ such allocation; and
~, chis re.cC ~am accepted by both bodies; no~,
BE ZT ~SO4~ BY ~E CITY COUNCIL OF ~E CIT~ OF D~TON, TE~S:
SECTION I,
~a m~ecm o~ Zhe CiCy Council o[ ~he City o[ Dencon,
Texam hereby cea[~i~m chei~ corinne co the "J~imon C~ittee
Formula" am the moat ~ai~ amd equitable ~ay co dist~ih~Ce costa ~oc
these Jointly f~nded a~encimm an~ hereby
chat ~oYmula ~o~ allocaCi~ comcm o[ theme agencies in the 1983-8~
ope~atin~ bud~e~.
~ECTION
~e ~yo~ o[ ~he City o[ Denton, Texas is hereby directed
~o ~u~niah a copy he=eo~ ~o ~be Count7 Judge amd Co~iaaione~s Cou~
2§4
City of Denton City Council Minutes
Meetin~ of Msy 26, 1983
Pe&e Two
PA~SED AItD APPROVED this the 26th day of l~y, 1983.
RICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CBARi~0TTE ALLEN, CITY SECRETARY
CITY OF DENTON, TELLS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF OENTON, TEXAS
BY:
Hopkins motion, Chew second Chat the resolution be 9sssed. On roll
cell vote Barton "aye", Hopkins "eye", Stephens "aye", Alford "eye",
Riddlesperger "aye'~ Chew "aye", and Mayor "sye'~ Motion carried
unanimously.
2. The Council then received presentations by firms resarding
the City of Denton audit for 1983.
The first firm to make s presentation wes Arthur Andersen and Co.
Mr. Bill Dillon introduced the staff from Arthur Andersen and handed
out supplementsl information to the City Council.
Mr. Dillon stated that Arthur Andersen was one of the largest audit
firms in the United States and had the resources available to
provide s quality audit for the City of Denton.
Mr. Dillon also stated that the firm would be responsive to the
City's needs and, because of their expertise and size, would be able
to meet established deadlines. The sfeff of Arthur Andersen hsd the
experience and would make a commitment to stay current with audit
procedures. Mr. Dillon repotted that Arthur ~dersen would bring an
independent perspective to the audit as they would be working for
the City Council and not City
Mr. Dillon s~ated that the ~iliCy p~acCice was the backbone of the
firm and had a very experienced staff.
~. Dick ~eu~zfeLdt add:esaed the scope of se:vices Co be provided
by Arthur Andersen and Co. M~. K~euCzfeldC stated cha~ the
~naS~ent let~er was an important by-product of the s~dtt. The
mana~n~ leC~e~ would be p:eaenCed to ~he Council in orde~
identify areas fo~ imp~ovemenc. ~e fi~m would also be available
after ~he audi~ fo~ consultation. Mr. Ereutzfeld~ emphasized
need for open co~unication channels between the Council and ArChu~
Andersen and stated that ~he firm could meeC the ~eporC deadline of
December of 1983.
M~. Dillion s~a~ed ~ha~ the firm would also be ~v~ilable for
additional services if theneed arose in the f~tu~e. The firm
also offe~in~ some f~ee services ~o ~he City which wo~ld p~ovide
opportuni~y fo~ the Council ~o decide whac e~se ~hey migh~ want
the future.
Mt. Dillion s~aCed Chat the fee~ and hou:s ~hat Arthur Andersen
~ould be c~petitive.
255
~eetin~ of M~y 26, 1983
Page Three
ldayor Stewart asked Mr. Billion ii he felt the estimate of hours was
realistic.
l~z. Billion replied yas.
Council Hembar Staphans stated that in the four bids received, there
had beau quite a range ot hours proposed ant asked what was the
difference.
Hr. billion responded that the hours proposed by Arthur Andersen
were based on their experience.
Council l~mmber Stephens asked if the firm had done any audit work
with the IBH $331 computer.
Hr. Mreutzteld~ responded that he did not recall using that
particular computer.
The ft~m of E~ma~ and ~inney was zepreaen~ed b~ ~. ~M Wilkin and
o:he= a~aff ~a. He. Wilkin ~epo=~ed chat E~na~ and Whinney was
an in~ezna~iomal ce~tifie~ public accoun:in~ fi=m wi~h 19,000
~a~ne~a. ~e tizm ~ployed a~p~c~ima~el~ B00 people in ~he Dallas-
For~ Worth office ~i~h a u~ility ~oup baaed in Dallas. E~na~ and
~inne2 had p~evioualy be selected aa ~be audi~ fi=m fo~ ~he City
Dallas, ~llaa County an~ ~he No~h Central Texas Council of
~ove~em~a and ~aa p~esemtly ae~vin~ aa the audito~ foe ~he City of
~eemvtlle, ~he Ci~ of Wichita Falls, several cou~ties, amd ~he
~o~h Taxaa ~iasiom.
~. Bob La~ of E~naC a~d Whinne2 a~a~ed ~ha~ the fi~m would study
~he ex:e=nal an~ internal emvi~o~en~ aa well aa internal control
aya~e~ amd historical daea. The fi=m was co~i~ed ~o having open
c~unica~ioma ~i~h the City Council.
~. Law also atate~ tha~ E:na~ a~d Whinney would perform a c~pu~er
control evaluation using the firm's A-~2 software which would work
through ~he City of ~ntom c~pu~er aMa~em. The firm would provide
Zhia report and a ~na~eat
M~. Law ata~e~ ~hat a~e of ~he banefi~a of wo~kin~ wi~h Erna~ and
~tnmey ~uld imclude theie ce~ificaee of conformance e~pe~ience as
~ell aa s~e ~o~1 ~aimi~ p~o~a which would be available
the City of D~ton
M~. Wilkim :spoored ~hat o~he~ services available would be
consultation, ~inancial ~deling, utility rate conmultation,
elect~onic data ptoceaaimB and h~an ~emources evaluation to name a
fe~.
~t. Jetty Eisa presented a ~eview of his experience ~ith Ernst and
~inmey. ~. Eimea state~ that the firm could p~ovide a utility
tats analysis and a type ot service study as wall aa an evaluation
of the loni zan~e plans for the City of Benton utilities.
Nt. Wilkim stated that Ernst and Whinney was ptopoainB to conduct
the audit in 800 hours at a tats of $~2.2~ pet bout ~ith a proposed
cost p~ $3~,500. ~e $3~,500 fee proposed would re. in constant ~ot
each of the 5 yeats unless thete were changes in the Comaker Price
Inde~ or if the scope of the work to be performed was enlarged.
~. Wilki~ stated that the firm o~ Etnst and Whinne2 had excellent
experience ~ith local Bovet~ent and that thei~ tares were
competitive.
Council ~be~ EiddleapetBet stated that the tats structure
utilities was a very bii ptoblem.
256
City of Denton City Council Minutes
Meeting of May 26, 1983
Page Fou=
Hr. limes replied that there must be solid support for the increases
themselves.
Mayor Stewart asked when Ernst and Whinney had been the auditors for
the City of Denton.
Mt. Wilkin =epl£ed the fi~m had conducted the audit in Denton fo~
the five years preceedins Alexande~ G~ant.
liayor Stewar~ at.ted that E~nst and ~/hinney was proposing ·
continuous cost fl&u~e amd asked if the firm would not need more
time ~o complete the audit during the first yea~.
Mr. Willin ~esponded no but that the hours would average
approximately 800 per yea~. If the hours were substantially less,
the fizm would refund the dii~ezence ~o the City of Denton.
Council Membe~ Chew asked what if the hours were substantially mo~e.
Mr. Wilkic replied that the ii~ure that was p~oposed ~ould be ~he
~ounC cha~ged.
Council ~be~ Hopkins asked ii E~nlC and ~in~ey couaide~ed the
u~ility pod:ion of the audi~ import.mC.
~. Eimes ~esponded ~haC i: ~as ve~y impoz~an~.
~e mex~ p~esen~acion was made by ~. Pa~l Hilla~ ~ep~eaenCing P~tce
WaCerhouse. H~. Hills: zepo~:ed ~ha~ P~ice Wa~e~house had p~eio~med
~he audit fo~ ~ha City o~ Denton i~ 1959 through ~g66 and ~e~e
~esen~ly ~he audi~ozs ~o~ ~o~e Bus/ness Fozms a~d the Fi~s~ S~ate
ack of Denton.
~e. Ca~l Bazaes s~a~ed Cha~ his aeea of expertise ~as based
sove~n~ in the manasemen~ consulting area.
~. Hiller s~ated the fiem had expe~tence in a b~oad utility
base and ~as p~eseu~ly involved in ~a~e planuin~ ioz ~he City
Austin. The unique aspec:s ~ha~ P:ica ~a~e~house could b~ins ~o ~he
City of Denton audit could include ~he 8 yea~s of ezpewience that
H~. Hilla~ had worked ~ich ~he City of Denton audit peeviously. Mt.
Hilla~ s~a~ed ~ha~ ~he ~hodolosy used du~in~ ~he p~epa=acion of
~he repo~ ~ould a~ive ~o identify pzobl~ a~e~a au~ :ban his
pe=soaal soal ~aa ~o obtain a certificate of confo~uce fo~ ~he
City of Denton du~ins 1983. ~ere ~o~ld also be a lae~e des~ee
plannin~ and eazly idenCifica~ton of
~e fi~ ~ould i~edia~aly pe=fo~m a p~elimina~y audi~ survey
~hen ~eceive input from the Ci:y Council. P~ice Wata~bouse sees the
~be ~easouin~
audi~ as a co~uni~y service ~hich ia behind
discoun~ed fee. ~e~e ~ould also be si~ reeks of f~ee
se=vice. ~i, consul~acion would be used on an a~ea a~=eed upon
P~ica Wa~e~ho~ae and ~he Ci~7 of Denton.
In conjunct/on ~ich ~he audit, P~ce ~a~e~houae ~ould assess ~he
effectiveness of ne~ systems Co ~ece=mine if ~hese ne~ systems
p~od~ced ~he ~ypa of .infor~ion needed. ~e fi~ ~ould also look
aC f/xed asse~s an~ au~o~ed ~Ce= zeadi~ as yell as ~he
doc~en~a~ion of Job flo~.
Council ~mbe~ ~a~on expressed his app~ecia:toa fo~ ~he
~hich P~ice Wa~e~house had fu~niahed vf~h their bid p~oposal.
Council ~mbe~ Alfo=d asked ~hen P~ice Wa~ezhouse ~ould finish the
audi~.
Mt. Hilla~ st.ced Chat the firm ~ould be~in ~o~k ~hen the fiscal
yea~ books ~e~e closed.
City of Denton City Council Minutes
tieeCing of May 26, 1983
Page Five
Council Member Bopkins asked how the fees were based.
Mr. Hilla~ replied Chat they were tied to the Consumer Price Index.
The final presentation was mede by representatives from Touche
Xosa. Mt. ~onald Washer stated that Touche Ross would establish and
maintain year around contact with the City Council, The firm was
familiar with Vernons Civil Statues and would become familiar with
the City of Denton ordinances. More time would be spent conducting
the audit the first year so to produce a more efficient audit the
next year. The firm also a~ffe~s a software system which could
utilize the City of Denton computew.
Mr. ~agaer stated ~hat Touche Ross has kept curren~ on municipal
practices by subsczi~ions to periodicals an~ newsletters. The firm
would be of assis~ance in obtaining a certificate of conformance.
Mr. Wagner reported that Touche Ross had the ability to support a
broad ramie of issues and that their presence during the per[ormance
of the audit would be minimally disruptive to the City staff and
City operations.
Council Membe~ Eiddlespe~ger stated that he was interested in ~he
firm's eYperience and abilities with ~tllities.
Mr. Wa~ner responded that, in terms of auditing, their experience
was very limited. Touche Xos% did,.howev~r, have a consulting firm
in Dallas with a Stent deal or experxence ~n ra~e setting.
Council Mambe~ Stephens asked about a loni term commitment and what
would their charges be.
Mr. Wagner replied that Touche Ross had entered into a long term
agreement with Dallas County amd that the rates ~ould be established
on the basis of inflation. The firm had estimated ?00 hours per
year averaged ove~ several years.
This presentation concluded ~he interviews.
Chew motion, ~opkins second to eliminate the firms of Ernst and
Whinney and Touche Eons. Motion carried unanimously.
Council Member Hopkins stated that he was impressed with
presentation and proposal from Price Waterhouse.
Council Mamba~ Chew cited A~hur Andarsen's willingness to work with
the City Council.
Council l~ber Alford stated that Price Waterhouse did not rate as
well as Arthur Andersen on working with the Council.
Council Member Xiddlasperger pointed out that Price Waterhouse has
the expertise in utilities.
Council Member Stephens stated that the Council needed to consider
which firm could provide the City with a better bond rating.
Stephens also stated tha~ the Council had established a good working
relationship with Arthu~ ~ersen during the special audit of 1982.
Mayor Stewart reported that he had been impressed with the attitude
of the Staff of A~thur Andersen.
Council Momber Hopkins reported that he had been impressed by the
time estimates which Price Waterhouse had proposed.
Council Member Alford stated that both were presti~ious firms.
City of Denton City Council Minutes
Meeting of May 26, 1983
Page Six
Barton motion, Hopkin~ffsecond to ensege Price Waterhouse to perform
"aye", Riddlaeper&er '~ t a ,,~", Alfotd
failed 4 to 3. ~ ' ~ ' ; ~ "=; '
Stephens motion, Chew second to engage Arthur Andersen to perform
tbs audit. Barton "nay"° Hopkins 'may", Stephens "aye", Alfo-a
"nay", Eiddleepetger "a~e", Chew "aye", and ~fayor "aye". Mot~ ~
carried 4 to 3.
/
The Council then aitected tbs Mayor to co~tact tbs firms and &ire
them the decision of the Council. A meeting to discuss fees was to
be held prior to the final decision on the firm.
The Council then convened into Bxecutive Session to consider legal
matters, real estate, personnel, and board appointments. No
official action was taken.
0851C
259
CITY COUNCIL ~INUTES
June 7, 1983
The Covncil convtnmd in · Public ~aaring at 4:00 p.m. sion& the
south sida o~ Jim Christal Road and west of ~sch Branch Road. Thm
Public Helria~ was to consider annasatio~ of a tract of lend
P~SENT~ ~yor S~eea~, ~yor Pro T~ Riddlenper~er, Counci~
~bezs BacCon, ~, and ~pkina~ City ~naae~, City
Attorney a~ City Seczecary
~SENT~ Council ~m~s Alfo~d and Stephens
~e ~yo~ opened chi Public aeawi~.
Cha~lie Wackine, Senio~ Planne~, spoke in [avoc of Chi annexation
sCa~i~ Chic one ceply ~o~m had been mailed co the o~er of Chi
pzope~Cy. ~a fo~ had nec been ~eCuzned. ~aCkins reported Chat
this a~esaCion had been initiated because of concacnm abo~c a
pcopomed develop~nC ~hich ~am ~iChin close p~oximiCy Co Chi
muulcipal at~po~j A develo~enc ~am p~opoaed ac~osm ~he cceek
~hich Mas a atica type mu~ivimion. Ac chi pcesenC Ci~, Che~e ~e~e
no plans ~o develop Chi awea ehich abutted chi City limits.
also repocC~ Chat unde~ mta~e meatuses, the City could zone chi
and five mizen ~ tho north and mouth end of Cbs ~unMay.
City
rec~a~ula~ a~ea could be zoned by the even though i~ ~as
p~ob~em hue Chic Chi C~m~fic into the City you,d be significant.
The SCa~i ~uld like Co have the developer of Chi au~ivision
pagCicipaCm eiCh Cbs City tn improvin& Jim Christal ~ad.
developez il not required to install curbs and ~utte~s. The ney
subdivision ~ules and ~a~lations ~ould assisti~ in ~ettin~
deve~op~ pa~ticipation fo~ the straits and ~ould also eliminate
potential curb and ~utte~
A study had ~en completed of'the noise levels in this a~ea and only
~ po~tiOn o~ tb~ p~opos~ ~nneza~on p~cel defiaite~7 falls ~ithin
the noise zone. A decision yours need to be ~de to dete~ine
that a~ma ~ou~d support mille f~ily dwellings.
~r. ~or&e ~pkin~, a~Co~ney ~ep~esanCi~ ~he o~ne~m, spoke
partial op~mition Co the annexation sCatin~ Chic Hickory Creek
divided Cbs annexation pcopezCy and the aces co be developed. ~e
ovne~ did nec object Co Cbs annexation si chi p~opercy adjacent Co
pcobZlm of the cu~bin~ and Suttees m~hC be ~o~ked eec if Chi
aaki~ Chic Chi asea ~mac o~ Hicko~y C~eak be excluded fr~ the
annexation
Counci~ ~r Char~ea Ropkins asksd i~ ~. Hopkins vas referrin~ Co
rich iCaCm mu~ivtmionm.
Nr. ~ozse ~pkina remponded yes bec·use Chi o~e~ did nec vast to
have ~o tnacmXZ curbs and
~unc~ ~ber ~pkinm a~ked vhm~m the vicar ~ne vas ~ocaced.
Hr. ~oc~e ~pkins ~eplied Chic ic ~aa aC Chi north end o[ Chi
Council ~mbmc Xiddlmapec~e~ asked u~y the City could ~anC Co annex
liseCing of June 7, 1983
Page
Council Member Chew responded Chic Chis wis only the first halrin8
on chi annexation.
Mayor Stewart scared Chic Chi Council could reduce the size o[
parcel co be annexed at a Incurs dice.
14~o ~ick Justice scared Chic Chi subdivision west of Hickory Creek
was Co be Cwo Co live acre horse [arms.
The Hayer closed Chi Public Hearing.
The ~uncil convened into I ~ork session aC ~:30 p.m. in cbs Civil
PRESET: ~yot Stewart, ~yo~ P~o Tam liddlesp~rle~, Council
~mbe~l Bi=ton, Hopkins, S~ephenl, Alford, and Ghee;
City ~n~er, City A~ornsy and Cl~y Secretary
~S~T:
1. ~e Council considered app~ova~ o~ ini~ia~ion o~ annexa~ion
proceedints on a ~0~ acre ~ac: of land p~oposed for ~bile home
pe~k development alon~ ~he no,ch side oi ~s~ ~Kinney
app~osimacely 3,000 iasc east of ~yhiL1
Charlie ~aCkina, i.nio~ Planner, cepo~ced Co Chi Council Chic an 800
uniC mobile home pack was p~opoeed bn Chis C~acC. ~e aces ~a ~o~
intensity end chi Land use ~lan called fo~ ~o~ density ho~ei~.
developer ~ould be appeaci~ ac tho 7:00 ~uncil meecin~ ~o ask
~aCe~ and sewe~ se~v/ce in this a~ea.
Cooucil ~be~ Eiddleapec~e~ asked ii anychi~ else vas on Chis coa~.
~aCkina ~eaponded chac Chece ~aa a ao~C drink plane chece.
Cooncil ~be~ ~ew a~aced chac he believed the Council should
p~ocoed with the annexation.
Cooncil ~ber ~p~ina asked II chece vas any oChe~
develo~enc in Chis aces.
~a~kina ceaponded ~haC ~r. L~mC Bcovn had ~ciC~en a leCCec
cega~ding a p~opoaed develo~enC in Chis aces.
~ee motion, ~opkina second Co initiate annexation p~oceedi~a.
~Cion carried unanimously.
2. ~e Cooncil received a ceporC on Che aCaCos o~ Che DenCon
~0'a
City ~na~e~ Ha~Cu~ inccoduced Hr. ~canM Ma~cino sCaCin~ chac some
azeaa of the goals had been active and developtn~ Icc the laa~ three
yeats. Thece wece also aceaa ChaC had uoC ~een coo ~coducCive doe
co the [acc ~haC these aceas and c~iCCeea had ~o cely on acaCe
a~enciea uhtch had oChec pciociCiea.
He. ~cCino aCaCed ChaC the Council had pceviooely ceceived ch~
uci~Cen ecacus zepo~c and chac ~hece ess a de[iciency in
~ovec~eucal pocCion o~ the ~oala doe ~o lack o[ cee~naea ~om the
coonC2 and aCaCe. ~ ~a~Cino.'s cec~e~da~iou on Che pcoacam
Co look ac the indivxaoal sections aha ack the coo~dinaCora vhaC
do and ~o~h Chcoo~h Cheee coo~dinaCora.
~oucil ~bec Xiddleepec~e~ seated ChaC he~ae ~oin~ Co p~opoee a
mee~inA becweem the CoonCy Co~iaalouera and the City Cooncil
m~oera o[ the various cities in the co~nCy and he hoped ChaC
o~ Che issoea coold be resolved Ch~oo~h Chis meeting.
261
City of Denton City Council Minutes
Meet·nE o~ June 7, 1983
Mr. ltartino stated that if the problems associated with Flow
tiospital, the County Health Depar~nent, and the Library could ever
be solved, it would be moat helpful.
Council Member Riddlesperger stated that the City was involved with
the North Central Texas Council of ~overnments board on road
plannin~.
N~. Mawr·no scared that the new Loop 288 south was in the plan and
there was a need to acquire the ri~ht-o~-way. The county had taken
some real in·ti·riva in this project.
Mayor Stewart st·ted that · meeting was scheduled on June 8
conceznin~ this issue.
M~. Ma~tino stated that the Chamber of Commerce had bean working on
this p=o~ram since 1959.
Council M~abaz Ba~ton stated that the North Central Texas Council
Governments had worked on the road program for a while and then had
dropped it.
Council M~aber Hopkins ~eported that s committee had been
established durin~ · Joint session with the County Commissioners and
that the June 8 county-wide transportation meeting ~as a result
this committee's
M~. ~la~tino stated that the City of Denton would begin to experience
a ~rowth explosion in approximately two years such as Law·swills end
Carrollton hid. The critical issue ~ould be funds.
Council Member iiddlesperier stated that it was important to
remember that the County does not end at the city limit sign.
N~. Martino stated that with the present population trowth patterns,
the City of Denton would still be the County seat but milht not be
the "population slit".
Mayor SCa#art ·skid if the Council would want to conside~
reinstitutin~ the Denton 80's
Council ~lemhe~ Stephens ·skied that as goals ere met, should ~he¥ be
replaced with new ~oals end i~ ne~ citizen input should he sought
~or [uture planning.
Mr. Ma~tino responded that sufficient input had been received [rom
citizens for the present goals.
Council ~bar Stephens stated that a quarterly report to the
Council might be in o~de~.
Mr. ~a~tino s~g~est~d t~t Che. st~t~s repor~ should ~e
newspaper ann ~ocaA caeAe television station so cae citizens o
Denton whaC had been accomplished. The Steering Committee was proud
of whaC had been done.
Council ~4ember Barton stated chat the City Council appreciated the
report and felt very optimistic ·bout working ~itb the County
Commissioners,
Committee t~mber Betty Kreps stated ChaC the program should he
continued.
Council t4~mber Al[etd scared that a loc had happened during the
first three years of the 80's program and he felt the committees
should be reactivated now as things were moving.
Mr. Mart·no stated that many of the ~oals were ?5% accomplishe~.
262
City of Denton City Council Minute~
timer/nS oi June 7, 1983
Pale Four
ttmyor Stevart stated thac he Mas satisfied Chat the p~o~ram Mas
vockin~ and that the Council should aCap ouC of the way and look ac
Council timmber Stephens stated that the citizens need to be made
a#ace that the p~oJect is still active,
Council llenbac Hopkins stated Chat a lot of york had been done in a
short period of Cigna and Chac ney projects vould ba added.
Council Nembec Barton added chac the m~enC~ needed Co be
uinCained, buc chic the ~uncil i~ould nec add Coo much Co
c~iCCee,
~na~ec should coordinate the p~o~ecce.
City ~na~e~ Ha~Cuni ~eaponded chaC cbs City Staff uou~d provide
mop. cc co the co~iccee buC he felt chat Cbs coordination of the
peoJeccs should nec be supervised by the City
~bmcm miihC be formed Co look ac Cbs pcot=~ and cepo~C back Co
Council ~bec Stephens scared ChaC the Council should ask
Stearins ~=iCCee co meet, nec Co make any chafes buC Co p~ovtde
continuity.
Mz. ~c~ino scared CbaC be ~ould accents a mmeCi~ o~ Cbt SCeeci~
~iCcee ~o ~evie~ the status cepo~C and ~ould cepowc back Co Ch~ '
City ~uncil.
3. ~e Council ~eceived a ~epocC on ~unCy lundin8 ~oz Cbt
~ily ~ovle~ Public Library and considered aucboctzinS a survey o~
ouc o~ City ~esidenc. ~a~a~di~ chan~em in Library secretes and
pommible addition oE fees.
City ~a~e~ ~Cuns zepocCed chic be h~d asked_ Fz~., Va~ella,
Assistant DicecCo~ of Finance, Co ~eC with M~. ~on nx~ of the
~unCy ce~acdin~ Joint iundini. It appeared chac aC the
Health ~parCmmnC. ~mvm~, Cbs p~opommd budsmC ~ounc [o~ ~he
Lib~m~y was . ap~oximacely S25,000. The CounC~ budsecad
spproxi~Cely $77,~0 for the libra=y tame fiscal year.
City ~nalec ~cCun~ scared Chat, in vier ut the proposed loam o~
funding, the Staff had p~opoeed a sucve~ be conducted foc ouc ut
City library patrons Co ~au~e how they felt a~uC ohm possibility
fees beinA chansed aC the Library. ~ccuni aCaC~ chat the Sca~
you,d be ~eviewi~ all p~eliminacy budAeCa du~in~ the comini reek
a loss ~ould be si&niticanc.
and chac
~uncil ~embe~ Xiddlespe~eg scared chac chis lose oi funds
megvicmm Mou~d af[ect inCerlib~agF
Assistant City ~na8ec HcMean ~epo~Ced ChaC the lose o[ the County
[uudin~ could have a ne&stave impact and Cha~ Cbs iaea would
make up the gevmmuem
IC ~as the conmensum of the Council co conduct the mu~vey.
~e ~unctl convened into ~ecucive Session ~o discuss le&al
maCcegs, teal estate, pegsonnel and board appointments. ~o
action ~as taken.
263
¢it¥ o~ Denton City Council ~nu~es
Mantles of June 7, 1983
Page Five
The Council Cban convened into the Xagular lteecing at ?:00 p.m. in
the Council ~hambers.
PI~ESENTI ~yo~ ~e~ar~, ~yo~ P~o T~ Etddleape~e~, Council
~mbe=a aa==on~ ~kina, ~Cephens, Al~o=d, and Chew;
Ci=y ~ma~ew, Ci=2 ACCo=ney amd Ci=y Sects=ar2
~SEMT: None
1. ~e Council conmide~ed approval of the Ninuces of the
~elu~aw ~eCi~ of Ray 10. 1983; the ~gula~ ~eeCin~ of May 17,
198~, and Cbs ~pecial ~lled ~eCi~ o~ ~y 26, 1983.
Ba~con ~cion, Alfocd second co approve cbs ~inuces as
~Cion caczied unanimously.
2. ~nneuC ~enda
Ba~on necond co Cbs Conaen~ ~enda. ~Aon
Hopkinl
~Cion,
approve
~nsenc ~enda:
A. ~ida and ~cchaae O~deca:
2. ~id ~ 91~9 = 4oade~/~ackhoe
3. ~id ~ 9150 - Concrete [oundaCion for aubatacion
~, ~id ~ 9151 - Equip~nC got operations Laboratory
5. Bid ~ 9152 - ~lden T~ia~le Industrial SO,eeC
pacCicipaCion
6. Bid ~ 91~3 - FilCe~ media fo~ ua~ec Czeacmeoc
plane
7. Bid P 9151 - Hi~h p~esau~e ap~a2e~ uniC
8. Pucchase ~de~ ~ ~8~88 co D~ill tqul~enC in the
~onC of ~7,775.67
9. ~zchaae Ocdec ~ 58t09 Co ~e~ican LaFcance
10. ~ccbaea Ocde~ f ~817~ Co Van-Wall ~cechane
couC~acCocs in the aaoonC of ~5,9~0.00
PlaCe and ~plaCs:
1. ~proval of the tinal plac of ~a Eesidence, loc
1, block A~ and lo~ 2, block B. (~e Planning
and Zoni~ ~iaaion ceco~enda appcoval.)
2. Approval of the final ~eplaC of loc ~, T~iaugle
~diCion. (~e Planning and Zoning ~iaaion
cecomuds approval.)
Nc. Dennis SCciale~ declacing
~e ~2oc p~esenced a ~ocl~aCion co
June 12-18 aa Texas ~blic ~ployeea Week.
The ~2o~ p~esemced a ~oc~C}~n.~o a_ ??c~aepcacive from Acme
Bcick declaci~ the week ot oune ~z-~o as m~xc~ wee~.
3. ~e Council ~eceived a ~epor~ t~om the City o~ Denton
cep~esanCaCives co the ~A Boacd of
'264
City of Denton City Council Hinutea
timeting of ~une 7, 1983
PaRe Six
Dr. Roland Vela, City of Denton representative to the T~PA Board
Directors, reported that a problem with air control bad been
resolved and the Gibbons Creek plant ess hoc in compliance
state raaulationa. Dr, Vela also reported Chat things were ioin~
vary eel[ at Cbs Comanche Peak nuclea~ facility.
Vela stated ~hat the amoun~ of ii&niCe at Gibbons C~eek
p,e,,nting a problem.. Only 96. million ton, of th, 285 million
of lignite ess being harvested and the rest was baiq left in the
~round. D~. Vela stated chaC this represented a 1oma Co ~he CiCy
emcon and the othm~ ~PA ci~imm,
D~. Vela cead a 8Ca~emen~ f~ HoustOn Li~h~in~ and PoMme detailing
chel= &=owi~ d~and for and shortage o[ po~e=. ~p~osi~cely cwo
yearn a~o, four dif[erenc and independent studies were couducce~ and
che conclusion ~a, ~haC ~A ~ould do ve=y ~ell ~o build a second
gene~aci~ un~c. Dc. Vela mCaCed ~haC ii T~A could enCer imco a
concrete co mell powec co HousCon, Cbs second aenezaCin& planc could
be built and an addicional 97 million Cons of liani~e could be
uCilizad ~hich wam no~ bei~ wamCed. Dc. Vela naked ~hac ~he
Council consider Chim and i~ Chey felt chim was demirable, he would
~ake the infoc~Cion ~o ~A.
~uncil ~ber Hopkins asked if T~A had ~ocked wich any conmulCanca
~o emCablish Che economics of Che second aene~aCi~ planC oChe= ~han
~he study done Cwo yeacm aso.
Dr. Vela cemponded ChaC no mention o[ a second plant had been made
in ~=e chana year. He also aca~ed Chaca vecy valuable resoucge
ese bein~ 1o.~ and ChaC a faro=able stcuacion would exxmc ii
powe= Icom the second planC could be sold co ~umCon.
City ~nage= HarCun~ ceaponded chaC ~be Texam ~nicipal Powec Pool
which is c~poaed of Che B=azos gleccric Co-Operacive and Cbs ~A
cities, had been looking aC fuel sources an~ co.C ~i&ura,. This
info~aCion ~ould be available in August. Har~un& mCa~ed Chac
lignite was available buC it wan a ~cCec of econ~icm.
minim& ~oa cecCain depth, au=lace ~aCe= becks a pcobl~. I~ was
lema expensive ~o mine a ney sics Chan ~o mine demper.
~=Cun~ also moated ~hac Che fi=.~ and fo=emomc =equice~nCa ~o~
Gibboum C=eek planC was ~o ~u=nish 9o~er fo= ~he [ou= ~A ciCiem
and he did hoc feel thaC a ne~ po~ec plant mhould be cona~=ucced co
meec othez people's needs.
Council ~bec ~pkina mcacad chac che Council should aec input
the other ~PA clCies and also Cbs coat in[ocmaCion ehich ~ould be
[urnimhed by Che ~PP m~udy.
D=. Vela ,~aCed chat he was uoC advocacl~ mpendina money.
~uncil ~mber Riddlespe=~er moated Chac he did hoc like Cbs wasce
buC did ag=es chac the Council mhould cely in the in-depCh zCudy on
coats be[o=e p=oceedi~.
~yoc Ste~arc mCaCed ChaC the ~PA cities ~e~e hOC in Che
business and should hoc build a second plant co se=vice Houston
should ~rnish cheapea~ power for Che ~C~ Denton. ~yo=
a~eed chaC Che Council needed Co look of Che pommiBiliCiem.
Dr. Vela ,CaCed Cha~ ~o~ crecy one Con of lignite thaC
ha~vemCad, Cwo Cons ~as cove~ed up. The City o[ Denton wam payin~
Chcee cica as much as ~hey should. ,.~
Council ~ember Hopkins su&aemCed Cha~ the mini~ ope=aCor, a~ the
plan~ .iCe should be able ~o provide infocmacion co cbs Council,
265
City of Denton City Council Minutes
PaSs Seven
City BanaSec ~larCur~ icaCad char, ~hou&h it would probably happen in
the future, the mina area ia hOC bein~ covered over a~ the present
rime. tie also aCa~ed Chic iC was oeca,aa~y ~o Zook aC a~Z Gl the
poe,ibi~Ciee ~n p~ovid~ econ~ica~ service Co Denton.
D~. VeZa ~ea~nded chic ceo unica uould be mace e~[icienc Chin one
and a~ceed chic the ~ac economicaZ method ~o provide ae~vice and
utilize the ~i~nice abound be pu~lued.
Counc1~ ~bew ~ev alked chic a cl~occ be ~de Co the Council a~
[u~ucl dace ot Chi co8C ~i&ucel,
Cou~ci~ ~c ~idd~elpec&ec i~lced Chic deepec minin~ did hoc
appear Co be ecou~ica2 aC this ciu buC techniques in ~he ~utuce
mi{hr ~ke Chis ~lanible.
~e Counci~ coniideced adoption of an ordinance annexiu{ a
252.49 acre ~cac~ of 2and ZocaCed mouth of ~he Tixai Yacific-~&T
~ilcoad, north of Bi&bray 380, and east o[ Cooper Creek ~ad.
(Z-256~) (~e P~annin& and Zouin8 C~i.siou ceco~andl approval.)
~arZie ~ackini, Senior PZanne~, reported chic ~hin wan the final
action in ~hii annexation.
~e [ol~ovin{ ordinance Mai p~eneuced:
MO. 83-55
~ O~I~UE ~MEXIMO A ~AGT OF ~D CONTIGUOUS
~J~T TO T~ CITY OF D~NTOM, TE~S; BEING ~ T~T ~OT,
~CT OR P~CEL OF ~D CONSISTING OF APPROX~LY 151,49
A~S OF ~ LYING ~D ~EING SITUATED IN T~ COUNTY OF
DE~ON, STATE OF TE~ ~D SEING P~T OF T~ ~. FOREST
S~VEY, ~ST~CT ~O. 417, ~D T~ T. LIVING SURVEY,
~8~CT NO. 729, D~TO~ COUNT~, ~; C~SSIFYIND THE
S~ AS A~ICULT~ "A" DISTRICT P~P~TY; ~D DECL~ING
~ ~CTI~ DA~.
~opkin, ~Ciou, Chew second ~o adop~ the o~dinance. ~ roll call
vo~e Ba~on "aye". Hopkinl "~ye", Stephens "a~e", Alfo~d "aye",
R~ddll,pe~.~ "aye~, Chin "lye'~ and ~yo~ "aye". ~Cion ca~ried
unanimoul~y.
Public
A. ~e Couuci~ coulide~ed the pe~i~ion Gl De~ey Fields
~ep~lllnIins ~tslou~i Pacific ~ilway ~mpany ~equescin~ a specific
use pe~mi~ ~o ~c~ a ~i~owav~ co~un~ca~io~ ~ela7 sIaIion and
~owe~ zn an a~rtcu~tu~al ~A) zonzng di~lc~. T~e properIy ia 0.20
ac~e in size mud begins app~oxi~tely 30 fee~ sou~h of ~he
cen~e~ine of Johnson ~oad and 76.1 feeC we,~ of the centa~ine
U. S. ~ilheay 377. (The Planning and 2onin~ Co~ission ~eco~enda
denial.) S-~68
The ~yo~ opened ~he Public ~arin~.
M~. T~ Jests=, ~.p~alauCin~ ~he ~iasouri Pacific ~il~ay Company,
spoke in favo~ of ~hl petition sCa~in~ ~ha~ ~hese ~owe~s ~un
~ains and are placed %~ mi~es apa~. The ~owe~s must be in a
s~aigh~ line ~i~h · clea~ path between as ~hey relay info.me,ion
one another. ~e CoNIll ~o~ld have no e~ecC on ~elevision
recap~ion, mic~o~ave ovens, o~ partakers. Mr. Je,te~ s~a~ed
~he .~e~l co~C .app~o~i~ely $~00,000 and would ~equi-- no
iervxces except eAecCclciCy.
Chess Zowe~l.
Mc. Jester celponded chic they eventually would.
266
City of Denton City Council Minutes
lieeCing of June 7. 1983
Page Eight
Nr. W. P, Smith spoke in opposition s~ating thee he o~ed
west of the proposed site foe the Cower and Ch&C the wind in chis
area wes very high, Mro Smith sCaLed chic he was concerned abou~
:he possibility of the wind causing the Cower Co fall on or near his
home, M:. S~iCh suggested the Cower be located one-half mile
further notch where there wera no homes.
Council Member Stephens asked ii ~. Smith ~es in opposition Co Cbs
~. Smith ~.pouded chaC i~ ~s jus~ Cbs locl~ion.
~s. Tony ~omas spoke in opposition mCaCi~ Chic Che=~ w,~, four
~e ~2o~ aske~ ~. Jester if be viahed ~o~ rebuttal ~ime.
N~. Jester s~aced ~ha~ ~he ~o~e~ ~o~ld ~ichscand ~e ~imd than
~es. ~a~e a~e no houses ~i~hin 126 ~ee~ of the location and
ia ~ha full len~b of the Cover.
Co~acil ~bez liddlespe~ge~ asked It ~he Co~e~ could be reloca~
and a~ill serve ~he control tunc~ion fo~ the ~rain.
Nz. Jester ~esponded Cha~ iC could buC i~ ~ould be very cos~12 ~o
buy ~re land.
~e ~2o~ closed c~e Public
Davi~ Ellisoa of ~he
~apo~ed ChaC fo~ ~eply forms had a~ea Co~umi~2 Develo~en~ S~at~
mailed and all fou~ had been
ze~urned scaCint approval ~iCh condi~ions. The Pla~mint amd Zonini
C~iaaion had no~ denied the 9eCiCion~ ~o~eve~, the vo~e by ~he
Ellisoa ~epo~ed info~maCion ~o the Council o~ ~he mic~o~ave
mym~. Some of the reasons ~hy the ~iasou~i Pacific ~il~ay
C~pany had chosen chis sic'e ~ere the eleva~ion and the a~ea
density, lllison stated Chat this ~as ~oC the only sics available
but i~ ~as the beat site available. The mic~o~ave to~e~ ~ould alloe
and safeguards had oeen add~essed, n~ S~ali fel~ ~ha~ chis
~ould improve services and ~ould hel~ ~o allevia~e the problems
~rains blockin~ ~a[[ic as they to ~h~ou~h
~uncil M~bet Stephens asked bow far :he Cower would have Co be
~ved Co get away [tom h~ee.
Elliaon responded :ha: ii :he to~et site ~ete moved :o the north,
~uld be necessary ~o find another location ~ith cbs ptopet
e~evaCion.
Batton motion, Che~ second ~o approve :he petition. ~ion ca:ried
6 to 1 with Council ~mbet Sca~hens castin& :he oppoain& vote.
B. ~e Council conside:ed the petitio~ o[ J~ea
Gti~fil teques:in& a change in zonin& itom a&:icul:u:al (A) ~o the'
planned development (PD) clasaificaCion on an app:oximaCely 13.5
acre parcel be&annie& at the sou~heas: corner of Geesling ~ad and
Fishttap ~ad. I[ approved, the planned deve~o~ent lPO) ~ould
permit the followin& land uses:
~biLe Home Subdiviaib.:~ (on minim~ ~,000 square
foot lo:~) - on apptoxl~tely 11.5 ac:es
~neral Ketail (~e defined in City o[ DenCon
Zonin& Ordinance) on apptoxi~taly 1.21~ ac~ea
City of D~nCon City Counoil ~inutes 267
Page Nine
Commercial (es defined in City of Denton Zoning
Ordinance) - on approximetel7 .8 acre
(The Plannin~ end Zonin8 Commission recommends
approval,) Z-1~79
The Payor opened the Public l/earing.
M~. Jim Grif~is, owner of the development, stated that he wes in
favo~ o~ Cbs petition and ~ould be available to answer any questions.
No one spoke in opposition.
The Payor cloned the Public Rearing.
David Ellieon of the $Ca~ gave e b~ie~ history of the peti~ion.
The Planniu~ and Zoning Coa~ission ~ec~ended approval ~i~b several
condi~iousimcludin~ a 20 fooC buildin~ line, d~ive~aM cons~uc~ions
conform Co City o~ ~m~om a~anda~d specifica~iom, cheese ~ichael
S~aec n~e, cou,~uc~ion ~echniques and ~cezia~ conform ~o City
Den~om IpecificaCion, ~inal subd~vialoa approval ~ould be
upon c~9leCioa of offside ~a~e~ and se~e~ acco~in~ ~o City of
DeaCon specifica~iom, final onai~e a~d o~fai~e e~imee~iaS pleas ~o~
uCili~ies, a~=ee~s and d~aina~e be ~evie~ed and approved ~2 ~he Ci~7
Ensineez p~to~ Co ~inal pla~ approval, a~ea noted "~,e~ved
be built ~i~h au~ivision o~ el~iaaced, 10 foo~ u~ilic2 ea.emen~
behind loc 2~ be ex~eedad ~o a public s~ee~, 10 fooc ea.~en~ be
no,ed fo~ pziva~e uCili~ies only, perime~e~ s~eec paving ordinance
applicable fo~ Geeslin~ amd FiahCzap ~ad, 100 yea~ flood analysis
needed ~o establish paaaia~ of 100 7ea~ ~lood between building
lines~ amd all o~he~ d~ainase ~ould be aubjec~ ~o ~evie~ o~
~a~on ~Ciom, Hopkins second ~o appove ~he pe~i~ion.
ca~zied 6 co 1 ~i~h ~2o~ S~e~a~C cas~ing ~he opposing vo~e.
C. ~e Council conside~ed ~he pe~i~ion of Ba~y ~achal
~epzeaenci~ ~pe~al Developments, Inc., ~eques~ins a chanSe in
zon/~ from Cwo f~Aly (2'F) to the sinsle f~ily (SF-7)
classification on lots ~, ~, 7, 8, 9 and 10, block 1, No. Ch Lake
Pa;k ~diCion. The lots ace located adjacent and ~esC of Pa~kside
D;ive beginnt~ app;oximaCely 800 feet south of ~indao~ D~ive.
Planning and Zoning Co~immion ~ec~end8 approval.) Z-1580
The ~ayo~ opted the Public Heazing.
H~. Ba~y ~achal spoke in favo~ of the petition saying that ~hen
p;ope~Cy ~as purchased, .dup)ex. zoning ~as in place. Imperial
Develop~ntm, Inc. began aeveAopxng axngle f~ily houmin~ and ~ould
like Co continue ~ich the at~le family.
Mo one spoke in opposl~ion.
The ~yo~ closed cbc Public Rearing.
Jeff Heyec, Di=ecto= of Planni~ and Co.unity Develo~enC,
that 10 =eply focma had been ~iled. Tvo ~ece =ecuzned in favor and
none ~eCuzned in opposition.
1. ~e Council considered adoption of an ocdinance
cha~gin~ the zoning f=~ c~o-f~il2 (2-F)to Che single family
(SF 7) classification on lots ~, 5, 7, 8, 9 and 10, bloc~ 1, No.ch
Lake Pazk ~diCion.
The ioll~i~ ocdinance ~am
26s
City of ~nton City Council Minutes
MaetinE of fl~ne 7, 1983
Pa~e Te~
A~ O~DINARCE AMENDING THE ZONIN~ MAP OF THE CITY OF DENTON,
TEXAS, AS SAME WAS ADOPTED AS A~ APPEKDIX TO THE CODE OF
OKDINANCES OF THE CITY OF DF~TON, TEXAS, BY O~DINAI/CE NO.
69-1, AND AS SAID MAP APPLIES TO LOTS 5, 6, 7, 8, 9 A~D 10,
BLOCK 1, NORTH LAKE PAIL~ ADDITION, DENTON COUNTY, TEXAS;
A~D MOIRE PArTICULArLY DESCRIBED HEREIN; A~D DECLAIMING AN
EFFECTIVE DATE.
Hopkins motion, ~iddlesper~et second to adopt the ordinance, On
roll call vote Barton "aye', Hopkins "aye", Stephens "aye", Alio=d
"aye", Riddlesperger "aye", Chew "aye", and ~yor "aye". Motion
carried unanimously.
D. The Council considered a public hearin~ to consider
annexation of a tract of land consisting of approximately 491.1~
acres located alon~ the south side of Jim Christal Xoad and west o2
~ach Branch /toad. (Z-1578) (The Planning and Zoning Con~niasion
recommends approval.)
The ~yor opened the Public Hearing.
Charlie Watkina, Senior Planner, spoke in favor of the annexation
reporting that the service plane for the area are available.
Wetkins also reported that the Plannin~and ZoninE Co~mi~siou had
recommaended approval of the annexation by a vote of $ to 0.
Mr. Deorge Hopkins, representing the owners, spoke in opposition.
Mr. Hopkins stated that the owners would develop the westernmost
portion at this time and ~hat the area east of Hickory Creek would
not be_developed, Mr. Hopkins asked the Council 2o remove the land
west o~ Hickory Creek from the annexation parcel.
Chew ~tion, Rlddlesperger second to continue the annexation
proceedings. Hotion carried S to 1 with Barton casting the opposing
vote.
6. Ordinances
A. The Council considered adoption oi an ordinance
~rohihitin~ vehicular traffic on t~cCo~nick Street channel
rom [-35 ~o ~00' south of Parvin.
Assistant City l~anaser Svehla reported tha~ this was in response to
several complaints which had been received regarding ~otorcyclea
being ridden in the channel behind ~cCormick Street.
The follo~ing ordinance was presented:
SO.
A~/ ORDINANCE PROHIBITIN6 YEHICULA~ TI~AFFIC I~ THE CI/A~NEL
~EST OF ~CCO~ICX ST~EET FROM ~ILLOWWOOD STI~EET TO 300 FEET
SOUTH OF PARVIN STREET; PROVIDING A SEVEltABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO H~NDRED DOLLARS; AND
DECLAEIN6 AN EFFECTI~ DATE.
S~ephens motion, Chew second ~o adopt the ordinance. On roll call
vote Barton "aye". Hopkins "a~e", Stephens "ale", Alford "aye",
Riddlesperger "aye", Che~ aye , and ~iayor aye . Motion carried
unanimously.
E. The Council considered adoption of an ordinance
accepting an easement from ~el Wheeler Inc., for water ~ipelines.
269
City of Denton City Council Minutes
Meetin~ of June 7, 1983
Bob Nal,on, Director of Utilities, reported that this was brought
before the Council because there were a few variation, in the
The followin~ ordinance wa. pre.anted:
t40. 83-58
&lq OF. DINAI~CE AC2EPTING ~ DEDI~TION
~.~q. INC., OF C~TAIN ~ P~OP~TY SIT~A~D IN T~E J.
FIS~ S~Y, ~S~CT NO. ~21, DENON COUNTY, T~S, ~D
~ED IN ~L~ 808, PAGE ~2~ OF T~ DE~D ~CO~S OF
D~N CO~Y ~ T~ CITY O~ DENTON, TE~, FO~ T~ USE OF
SAID P~P~ ~ ~ E~NT FOE ~AT~ PIPELINES ~D
DECKING ~ ~F~CTZVE DATE.
Chew ~Cion, B~==on second ~o adop~ =he ordinance. ~ ~oll call
Ba=~on "aye". ~pkinl "aye", S~ephans,."a~", Alfo~d "aye",
vote
~iddla,plr&e= "aye", Chew "aye'~ and ~yo~ 'aye . ~cion carried
unanimoully.
7.
A. ~e Council con, ids=ed appzovaZ
City Council ac~i~ as the final authority and another
have
mechod could have :he Joint Aitpot: Zonin& Board ac:iht as :he final
au:ho:i~y. ~e ap~in~ent of ~he Airport lo~inl ~ission would
place =~e final auCho=iCy ~ith the City Council.
~e iolloei~ =esoluCion was p=e~ented:
R E S,O ~ U T I 0 S
W~, =he City Council of the City of DenCon, Texas has
de~e=mined ~ha= al=po=~ zoni~ =e~ulaCions are necessary and
de~i=able to pro,ac= =he citizens and their
adverse a~fects o[ unregulated land use~ su==oundi~ =he Denton
Municipal Airport and ~o p=oeec= ~he inCe~=ity and aa~e ope=anion of
the airport by insuri~ c~pa=ibla land uses adjacent 2hereto; and
~S, the Ci2y ~uncil o~ ~he City of Den=on, Texas is
authorized by ~he Ai=po=~ Zouin~ ~= (Texas Civil S~a=uCea ~n. Art,
ice-1 et. Seq.) ~o enact a~rpor~ zouini =eiula~ions in the airport
hazard azea of such ai=po=~, nos, the=afore,
BE IT ~SOhV~D BY T~ CITY ~UNCIL OF T~ CITY OF D~OR,
~at pursuant to the tequir~ent of state law that a
Airport ~ni~ C~ission be appointed p~iot to initial zoning oi
any at~pott hazatd a~ea, the City Council hereby appoints tbs
exiati~ Planni~ and Zoni~ Co~i~sion as the Airport Zonin~
Co~tasio~.
~aR the Aitpo~ Zoniq ~isaion is hereby directed ~o
~eco~eud, ~o ~he ~uncil ~he bounda~ies of ~he various zones ~o be
es~ablilhed ~d ~he ~e~ulcions ~o be adopted 2he~eio~ ai~e~ notice
and pvblic h~a~ini in accordance vith la~.
27O
City of Denton City Council Ninutee
HaetinS of June 7, 1983
Pane Twelve
SECTION Ill.
That the Airport ZoninS Co~aission shall consult with and
receive information end assistance from the Airport Advisory Board
in formulatin& its recommendations.
$.~GHA,I~ O. ~T~.WAYtT, I~AYOR
CiTY OF DENTON, TEXAS
ATTEST:
~LLOTTE ALLEle," CITY SECRETARY
CITY OF DENTOII, TEXAS
APPROVED AS TO LEGAL FONd:
C. J. TAYLOr, JR., CITY ATTORI/EY
CITY OF DENTOn, TEXAS
Stephens motion, Chew second that the resolution be passed. On roll
cell vote Barton "aye", HopMins "eye", Stephens "aye", Al[ord "eye",
Riddlesperser "aye'~ Chew "aye", and Mayor"a~e'~ Notion ca~rie¢
unanimously,
B. The Council considered approval of s resolution
ansasinS the firm of Arthur Andersen and Co. to perform the 1983
City of Denton audit.
City Manaser Hartun& reported that this R~soluCion would formally
approve the asreement between the audit firm of Arthur Andersen and
the City.
Mr. Bill Dillon of Arthur Andersen stated that ~he firm appreciated
the opportunity ~o worm with the Council.
The followinS resolution was presented:
RE S 0 L UT I 0 It
~HEILEAS, the City Council o[ the City of Denton, Texas
desires ~o appoint Arthur Andersen & Co. aa the auditors for the
City of Denton, Texas [or the ~incal year endin$ September 30, 1983; ,
NO~, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF TI~
CITY OF DE~TOS, TEXAS, THAT:
SECTIOS I.
Arthur Andersen & Co. is hereby deal&sated as Che auditor
for the City of ~enton, Texas for the fiscal year endtns September
30, 1983
in accordance with the tatnae smd provisions of the
commitment letter of Arthur Andersen & Co. dated June 3, 1983, a
copy of which is attached hereto and mede a par= hereof for all
purposes.
City of Denton City Council Minutes
~ieeting of JuDe 7, 1983
Page Thirteen
PASSED AI/D APPI~OVED Chis the 7Ch day of June, 1983.
~IC]~D o. S~E~iiT, ~AYOE
CITY OF DENTON, TEXAS
ATTEST:
CliARLOTTE A~LEN, CITY SECRETARY
CITY OF DINTON, TEXA~
APPP. OVED AS TO LEGAL FO~.M:
C. J. TAYLOIt, Jtt., CITY ATTO~.ItEY
CITY OF DENTON, TEXAS
BY:
Chew motion, Stephens second Chat the resolution be passed. On roll
call vote Barton "aye", ltopkins "aye", Stephens "aye", Alfocd "eye",
Riddlelpecge~ "aye", Chew "aye", and ~ayoc "aye". ~Cion carried
unani~ual2 ·
8. ~e Council coniideced a request by by ~c. Tom Jester loc a
pecmi~ ~hich ~ould alloy construction crews co york after 6:00
on ~eekGaMs and on Saturdays.
~c. Jeltec~ cepcelenci~ ~he ovneca of the Oaks apacCmenC~ being
constructed a~ Bernard and IOOF Screens, appeared aCa~in~ ChaC the
construction crews had been stopped icom vockin~ after 6:O0 p.m. on
~eekdaya and a~ all on weekends by a provision v~ich is in ~he Code
~ook. Mc. Jel~ec iCaCed ChaC he ~id hOC kno~ ~hy ~his g~oup had
been singled ou~ loc che enforcement of the ocdiaance. Hil clients
would lose $209 000 if restricted from working Saturdays. Mr.
Jeste~ also {ta~ed tha~ the apartments needed
' be c~plated by
Sept~ber for m~udem~ uae.
Hopkima ~lou, Chew aec?nd to i~ue a permit giving Council
pe~miaaiom to work afte~ 6.00 p.m. om weekdays and also to work
weekemd~. ~io~ ca:~ie4 unanimously.
9. ~e ~uncil considered expanding the scope of the study
with Dz. Xaumeth Dau~he~y fo~ use of ~olid waste am EDF fuel.
Aamiatan~ City ~na~e~ ~lck Svehla reported that additional fundin~
f:om ~be Depa:~en~ of Emer~y was available for ~he study of RDF
ICora~e. Dc, Dau~herCy wal cequesCin~ permialton Co uae test burn
infocmaCion acquired during the City of Denton Xesoucce Kecovecy
Project ~n a pcopoial loc the scan~.
Xiddlelpec&ec motion, Stephens secon~ to auchocize the City Manager
Co aiSn ~ letter s~ppocCin8 the &=amc a~plica=ion. ~ocion
unanimous xy ·
10. ~e Council conlideced approval of cequesc fcom Ji~ie
and ~i~ Sea=d loc varec leCViCe inside =~ City limits. (T~e
Public Utility Soacd rec~ends appcoval.)
Bob ~elson, DicecCo~ of ~CiliCies, cepocCed =haC the Seard~ had been
=eceivin& waCe= from ve~l; hovevec, the pcoper~y had been sold and
the new o~eci had aCaCed they would noc continue to supply the
~aCec. ~e Bee=ds had checked inco puCCins in Chei~ own ~ell, buC
the ~alCh ~pac~men2 would hoc allow this as there ace septic
sys=eml in the aces. Nellon stated that [unde ~ece available
extend a waCec l~ne Co connect with the line ac Loop 288 and Spencer.
272
City of Denton City Council Minutes
lteetinl of June 7, 1983
Page Fourteen
Council Member Hopkins asked to hear from tbs Beards.
Ms. Lois Beard stated that they have been in the area for l0 years
and have ? people living in the home. They are havin~ to haul water
in now.
~tayor Stewart asked Nelson ii the Beards would have to pay the pro
rata share.
Halson replied yes.
Council [,~ember Stephens asked if there wes any proposed development
in chis area.
Nelson responded that he did not believe
Council Member Hopkins asked to be kept informed.
Hopkins motion, Alford second to approve the request for water
service. Motion carried unanimously.
11. The Council considered approval of a request ~rom William
P. Phillips, Jr., on behalf o[ Champion Home Co~aunities to be
served with ~ater and sewer service outside of the City limits.
(The Public 5tili~y ~oard tacos-sends approval.)
Mr. William Phill~ps, representin~ Champion Home Communities, stated
that his client had bought property for a mobile home park and was
now requesting water and sewer service. The park p~operty is
outside of theCity limits. Mr. Phillips stated that the Council
was aware that most people cannot buy a home and that there was a
need for this type of housing. Mr. Phillips also stated that ~r.
Xellos~, engineer for Champlon Homes, was available to
questions.
Council Member Hopkins requested to have Mr. Mello~ appear.
Mr. Xellogs stated that this park aaa in the preliminary stages.
Council ~ember Hopkins asked whet types o~ facilities would be
available.
~r. Xello~ responded that there would be 800 pads built in three
phases and a modest club house was to he built.
Council ~ember Barton asked if Champion Home Communities had built
any other parks that the Council ~iSht know.
Mr. Xello~ responded that the firm had built other parks in
~ichigan.
Council Member Barton sta~ed that the Council was not a~ainst mobile
home parks.
Council ~tember Stephens asked about the timetable [or completion of
the park.
Mr. Xello~ responded that 200 pads wo~ld he completed each year em
that the total project would be completed in ~ or 5 years.
Bob Halson, Director of ~tllities, reported that the City has the
riEht and. responsibilty to serve this area and that the developer
had agreed to pay.
Mr. Lamont Brown stated that he owned property which was
to the proposed mobile home park. Mr. Broen stated that he was not
against mobile home living hut was asking the Council to table this
request.
273
City of Denton City Council Minutes
Meeting of June 7, 1983
Page Fifteen
Mr. Brown handed ouc information to the Council on the Champion Home
Communities firm. Nr. Broom cited that the developer would puc in
200 pads l,-aediately and he felt that ii the City was proposing
annexation of the area, the area should be within the City limits so
the developer would come under the City codes. Mr. Brown also
stated that the Denton Development Guide called for low intensity
land use in the area and he felt chat the mobile home park would be
high in~ensity. Nr. Bro~a reported that he bad been involved in
discussions resardi~ developing his property but the ocher party
had ended the aiscuasions when informed of the mobile home park.
Council Nember Xiadlesperger asked how lon$ Mr. Brown thought the
Council could delay the request for wa~er and sewer service.
Mr. BrOWn responded that, according to the annexation guidelines, he
felt the request could be tabled for 30 to 60 days.
Chew motion. Stephens second to approve Ch request for water an~
sewer service. Notion carried ~ co ~
With
Council Member
Riddlesperger and Nayor Stewart casting the opposing votes.
12. ~e Council coaside~ed of ~eduction of
approval
~etainage
fo~ Cull~ ConsC~uc~iou Company, ConCrac~ C-48-1188-23, 8id ~ 9202.
(~e Public U~ility Boned reco~ends approval,)
~ob Nelson, Director oi Utilities, s~aCed chat this ~educCion of
:ecaina~e was allowed by nhe EPA. ~e City had been holding a 51
~eCainer and Cull~ was requestins a ~eduction from 5~ Co 1%.
~pkins mo~ion, Chew second co approve the ~educ~ion of re~ainage.
~o~ion ca~ried unanimously.
13, The Council conside~ed approval of Chanse Orde~ ~14,
Contract C-48-1188-03, Wastewa~er Treatment Plant, fr~ G~acon
Consc~ucCion Company and Fzeese and Nichols, Inc., Bid ~ 8753. lThe
Public Utility Board :ec~ends approval.)
Bob Nelson, Dizec~o~ of ~clliCiea, ~epo~ced chat the~e were six
different iCe~ on ~bis change o~de~. The ~asCewace~ Treatment
Plan~ is effectively finished and ~hese change o~de~s would clean up
the p~ojecC and ~e~ ~hese i~s off of ~he EPA's boo~s.
Hopkins mo~ion, Chew second ~o approve Change O~de~ ~14 fr~ G~acon
and F~eeae amd Nichols. ~Cion carried unanimously.
14. ~e Council conside~ed approval of final paymen~ o[
estimate ~12, ~n~rac~ C-48-1188-03, eiiluenC filters for a~acon
Construction C~pany. (The Public b~ility Board reco~ends
app:oval.)
~ob Nelson, Direc~o~ of U~ili~ies, reported th/~ the effluent
filters ~e~e gompleted and workin~ very well. Ibis would be the
final parent ~oz ~he fil~e~s.
Barton mo~iom, aopkins second to approve ~he final pa~eaC for
Gracon fo~ the effluen~ fil~ers. ~ion carried unanimously.
15, ~e Co,moil considered approval of a resolution appoin~i~
a repzesenCaCive ~o ~he Texas Muni~ipal Power ~ency Soa~d of
Directozs.
The followim~ resolution was presenCeS:
W~LEREA$, the term of office for Place 4 of the City of
Denton, Texas on the Board of Directors of the Texas Municipal Power
Agency will terminate July 1, 1983; and
City of Denton City Council Minutes
~l~eting of June 7, 1983
Page Sixteen
WHEREAS, Richard O. Stewart was heretofore appointed by the
City Council of the City of Denton, Texas to Place 4 on the Eoard of
Directors of the Texas Municipal Power A~enc2 and has been servinE
as such Director to the present time; NOW, TInFOiLS,
BE IT IgSOL1/ED 8¥ THE CITY COUNCIL OF THE CITY OF DF, NTON, TEXAS:
SgCTION I.
Pursuant to the terms and provisions of Ordinance No.
of the City of Denton, Texas, ticherd O. Stewart ia hereby appointee
to the two year term of office to Place 4 on the Board of Directors
of the Texas Municipal Power A~ency. The term of office beginnin&
July 1, 1983 and endin~ June 30, 1985.
SECTION II.
This Resolution shall become effective from and after its
date of passage, and it is ac otdered.
PASSED ~ND APPROVED this the ?th day of June, 1983.
~ICF~ O. STEWAAT, ~AYOR
CITY OF DENTON, TEX~
ATTEST:
CI~LOTTE AI4LEN, CITY SECgETARY
CITY OF DENTON, TEXAS
APPROYED AS TO LEGAJ~ FORM:
C. J. TAYLOX, JR., CITY AT~EY
CITY OF DENTON, TE~
BY:
~iddleape~er motion, Hopkin~ second ~hat the ~eaolu~ion be paa~ed.
~ ~oll call vote Barton "aye", Hopkins "aye", S~aphens "aye",
Alford "aye", Xiddleaperge~ "aye", Chew "aye", and ~yor "aye".
Motion ca=rind unanimously.
16. Official action om Executive Session
A. ~Kal Matters
The ~ollowin& resolution was p=eaentad:
XESOLUT ION
W~AS, La~y Pool has filed a
diacgimina~ion w~h ~he Equal ~plo~en~ Oppo:~umi~y Con,anion
n~ing the City of Denton, Texas, aa ~e~ponden~, and
WH~A~, ~be City desire~ ~o ee~le ~h~s
avoid ~he expense of liCiga~ion; and
W~, ~uch a nettl~ent doen not constitute an admissibr,
by the City that it has violated any of the p~oviaiona of the ~e
Diaczimination in ~ployment Act; now,
BK IT ~SO4VED BY T~ CITY COUNCIL OF T~E CITY OF DEN~, ~S:
SECTION I.
~e City ~na~e~ is hereby authorized to execute, on behalf
of the City o~ Denton, Texan, a negotiated nettl~ent a~eement
City of Denton City Council Minutes 275
Meeting of June 7, 1983
Pege Seventeen
between the City o~ Deaton, Larry Pool and the Equal Employment
Opportunity Co.tnt.sion, · copy of which is attached hereto and made
a pert hereof.
SECTION II.
This ~esolution shell become effective from and after its
date of pas.a&e. %
PASSED AND APPROVED this the 7th day of June. 1983.
~CP~.D O. $~WA/~T, MAYOR
CITY OF DENTOn, TEXAS
ATTEST:
CNA~LOTTE ALLEN, GITY SEG~TA~Y
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FO~:
C.J. TAYLOr, J~., CITY ATTO~EY
CITY OF DENTON, TE~
Chew motion, ~arton ~econd tha~ ~he re~olucion be pas~ed. ~ roll
call vo~m Bar~om "aye", Mo~kins "aye", S~epbens "aye", Alford "aye",
R1ddlespecSec "aye'r, Chew "aye", and ~yoc "aye"'. Motion carried
unamtmoumly.
~e followt~ ~e~olutton was p~esen~ad:
~ESO LUT ~ 0N
a6ain~t Ltf~ ~urance C~pa~y of the Southwest seeki~8 coveraSe
under tbs City o~ Denton G~oup Health ~enefics Plan for bill~
incurred a~ a result of ogal ~ur~ery;
~AS, C~e as~eement with Life Insurance
Company of ~he
Denton has final authori
re~a~dia~ ~etl~minatio~ of claims an~ will reimburse aaid
company
for co~ and lc&al fmms fncug~ed t~ defendtn$ li~i&atio~ artsin~
from denial~ of claim~; and
WH~, counsel for Life Insurance C~pany of ~he
Southwe.~ ha~ ceco~ended ~haC this claim be settled, a
reco~endacion in which our City Attorney concurs; and
W~, the City da.i~ee to sec~le this claim in order co
avoid ~he expense of li~i~aCion .with°ut an admission of any
liabili~y by the City in ~hie ma~ter, now, therefore,
SE IT ~ESOLV~ BY THE CITY COUNCIL OF T~ CITY OF
SECT~O~ I.
~at ~he lawlui~ of Illie an~ Billte Splawn versu~ Life
Insurance ~mpany of the Southwe~ be settled for the eum of three
~housand two hundred ei&h~eem dollar~ and ninety-one cents
($3,218.91) amd ~he Per~onnel/~ployee Kelation~ ~miniatrator
hereby im.~:uc~ed ~o authorize ~he pa~enc of said ~um through the
Life ~n~u~ance ~mpany of ~he
276
City of Denton City Council Minutes
M~etin$ of June ?, 1983
Page ~ighteen
SECTION II.
That the City Manager, after approval as to legal rom by
the City Attorney, be and is hereby authorized to execute any
agreements necessary to effect final settlement of this claim in the
amount stated herein.
SECTION II3,. ~
Thac this Resolution shall become effective from and after
its Sate of passage.
PASSED AND APPROVED Chis the 7th day of June, 1983.
~CI'L%~D 0. STEWA~To MAYOR
CITY OF Dg~TON, T~XAS
ATTEST:
C~{A~LOTTE ALL~.N, CITY SECF. I~TAKY
CITY OF DENTON, TEXAS
APPIfOVED AS TO LEGAL FOP. M:
C. J. TAYLOR, JR,, CITY ATTORNEY
CITY OF DEItTON, TEXAS
Chew motion, Barton second that the re~olution be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye', Alford "aye",
Riddlesperser "aye", Chew "aye", end Mayor "aye". ~Iotion carried'
unanimously.
9. P. eal Estate
The followin& resolution was p~esented:
g .s p L,U T I 0
WI~P, EAS, the City - of Denton, ~xas has heretofore
auCho~ized ~he extension and impcov~enC of Windsor Drive; and
WNg~AS, said extension and improvement necessitate
acquisition of additional land on the no, Ch boundary line of ~vera
Pa~k so aa not to interfere with exisCinA park faciliCien~
NOW, T~FORE, BE IT ~,SOLV,D that Ch. ~ Council of ~h.
City of Denton hereby auchorizss ~he purchase of , in accordance
with abe Gone:act of Sale attached hereto, ~escrib~d aa follows:
Ail that ce~cain lo~, tract -or parcel of land lyiu{ and b~ing
situated iu the City and County of OeuCon, SCa~e ot Texas, auo beint
parc of the B.B.B. & C.R.R. Co. Survey, Abs~ac~ No. 186, and also
bein{ pa~ of a tract of land aa conveyed to Bob ~.. Tripp and David
g. T~ipp, Trustees by deed da~ed December 29, 1979 and recorded
Vol~e 996, Page 376 of the Dmed ~co~s of OmuCou County, Texas.
and more particularly desc~ibed as follows:
BgGINNING a~ the moat northerly southeast corns: of said Tripp
C~act~ a~e bein~ the northeast co~uer of gve~s Ya~k, said point
a~so zying in the west right-of-way line of F.M. 2164;
THENCE no~th 87~37' w~a~ alou8 the northerly south boundary line
said T:ipp tract and the north boundary line of gve~a Park a
diaeauce of 600.1 feet ~o a point for a co~uer, same bein8 ~he
northwest co~ner of Eve~a Pa~k;
City of Deutoa City Council Ntnutes
Jun. 7, 277
Mee~in~ of
Pa~e ~inetaen
TIi~NCE north 80°57'30" east a distance of 304.6 feet to a point for
a corner;
TItEaCE south 87e33' east a distance of 300.26 feet to a point for s
corner in the east boundary line of said Tripp tract and Cbs west
ritbt of way line of F,N, 2164;
THENCE south 01o09'32'' west elont tbs east boundary line of said
Tripp tract and ~: west ~i~ht-of-way line of ~,N, 2164 a distance
cf 60,0 feet to place o£besinnin& and con~ainint 0,622 acres of
land, sore or lass,
from the Sob E, Tripp, Trust ~o, 2 to be used ss part of Evers
Park and the ~a~or is hereby authorized co execute said Contract
of Sale and other documents necessary ~o aucb conveyance,
P~SiD ~D APPROVED ~his ~be 7~b day of June, 1983,
o. S EW aT.
CIT~ OF DE~TON, TE~S
ATTEST:
CHAELOTTE A~4EN, CITY SECRItTAKX
CITY OF DE~N, TE~
APPrOVeD ~ ~ LEG~ FO~=
C. J. TAY~E, JR., CITY A~'O~EY
CITY OF DE~N, TE~
Barton mo=ion, Chew second =bat the =e~olution be passed. On
call vote ~m:toa "aye", ~pkina "aye", Stephens "aye", Alfo=d "aye",
Riddleape=~e= "aye'~ Chew "aye", and Mayo= "aye'L ~Cion carried
unani~usly.
The followin~ o~inance ~ls
aD.
AN O~IN~CE ACCEPTING THE D~DICATION BY DEED F~M BO~ T~IPP AND
DAVID E. T~IPP, T~USTEES FOE THE BOB E, T~IPP TRUSTEE NO. 2,
C~TAI~ ~AL P~OP~RTY SITUATED IN T~ ~.B.B. & C.R.~. CO~Y
SURVEY, A~ST~CT NO. 186, D~TON COUNTY, TE~S, ~D ~CO~ED IN
VOLU~ 996, PAG~ 37~ OF T~E DEED ~ECOEDS Of DENTON COUNTY TO THE
CITY OF D~TO~, TE~, FOR THE USE Of SAID P~P~TY AS A PUBLIC
ST~ET ~ DECKING ~ EFFECTIVE DATE.
Riddle~pe~ez ~tion, Che~ second to adopt the ordinance. On roll
call vo~e ~az:oa "aye". ~p%ias "aye'~ SCephens "aye", Alfo~d "aye",
Xiddlespe:~ez "aye'r, 0haw "aye", and ~yor "aye'% ~ion carried
unanimously.
17. ~ew Business
The iollowinl ices we~e .ul~es~ed for Cbs June 21 a~enda:
A. ~uncil ~mbe= ~kins =equested a revie~ of ~he o=dinamce
which p=ohibi=a cons==uc~ion ~ork aftet 6:00 ~.m. on weekdays
all day on ~eekenda.
B. Council ~embe= Xlddlea~e~ge= =equea=ed a discussion on the
between the Coun=y Co~lssiome~ and Denton
0871C
279
C~TY CO~CIL MI~T~S
June 14, 1983
The Council convened into · Work Session in the City Council Conference
Room of the Municipal Buildin~ aC 5:00 p.m.
PRESENT: Mayor Pro Tm Riddlesperser, Council H~mbers Barton,
Hopkins, Stephens. Alford and Chew; City Manager, City
Attorney and City Sacretary
ABSENT: Mayor Stewart was attending the United States Conference
of Mayors annuel conference
1. The Council considered authorizing the City Manager to approve
an agreement with David M. Criffith and Associates to perform a stud of
current fees and charges.
City Manager Ha=tung reported that David M. Oriffith and Associates
could provide a computer program which would review the actual cos~s of
all services which ~he City p~ovides. The cost of tbs aSreement would
be $25,000, but ~he results of ~he study could be used to effect a
pro]acted $200.g00 savi~s fo~ the City. ~e conclusioms amd
reco~emda~tons from ~he study results would be brought ~o ~he City
Council du~ia~ tbs budget p~oceas.
Mayor P~o T~ Elddlesper~er asked if the consultants would survey
char~ea of the Library and tbs Parka and Eecreation Departmants.
City ~na~er Ha~un~ ~espoadad tbac all City services would be reviewed.
Council Membe~ Hopkins a~a~ed that he felt the study was necessary and
asked if coaduc~in~ ~be survey was beyond the capability of the Staff.
City ~na~e: ~:~un~ replied that due to the absence of a Finance
Director and tbs absence of a budge~ assistant in the Dtility
Department, this ~ype of in-depth s~udy would be difficult for ~he S~aff
to conduc~ and finalize in con~unction with the time deadlines for the
City budget.
Council Me, e: ~ar~on ataCed that he felt a ~tudy like this was needed
and that ~he potential anvils would justify rhe cos~ of the agreement.
~yo~ P~o T~ ~iddleaper~er asked how many fees would have ~o be char~ed
to recoup tbs $25.000 cost of the agreement.
City ~n~e~ ~artunS responded that ~he same firm had conducted ~he cost
allocation study and tha~ tbs cos~ had been recouped. ~rtung also
stated ~ha~ wi~h the increase la developmen~ in Denton, the burden on
City departments would be excessive. Any increase in development fees
would be paid by ~he developer.
Council Member Stephens asked if the study would be looking at the
cu=rent fees ~o determine an equity of
City M~na~er Hartun~ responded that the study would allow the Staff to
correlate costs fo~ City ae~vices to the person who crea~ed the cost.
The purpose of ~he survey findings would be to recover the actual costs
of providin~ Cbs services.
Barton mo~ioa, Hopkins second ~o approve the a~reemenc. Motion carried
unanimously.
2. ~e Council then convened into Executive Session to consider
legal ~e¢s, real estate, personnel, and board appointments.
official acc ion wa. C.ken.~~--~~'
0882C
28O
CITY COUNCIL M1NU~$
June 21, 1983
The Council convened into the Work Session et 5:30 p.m. in the Civil
Defenle room.
P~S~NT: Mayor Stewart, Mayor Pro Tem Riddlesperger, Council
Members Barton, Alford, Chew, Hopkins, and
Assistant City Manager, City Attorney, and City
Secretary
AB~NT: None
1. The Council held a discussion with representatives of
Arthur Andersen regarding the City of Denton 1983 audit.
BiI1 Dillon of Arthur Andersen handed out an agenda for the
discussion to the Council.
Dick Xreutzfeldt asked if the entire Council would prefer to meet
with the auditors, or if the Council Audit Committee would he
designated to represent the Council.
Mayor Stewart responded that he felt the Audit Committee should meet
with the auditors.
Council Member Hopkins stated that the Staff should he kept current
on the status of the audit as it progressed.
Mr. Mreutzfeldt stated that the agreement between the City and
Arthur Andersen included 60 to 80 hours of contributed services.
Mr. Mreutzfeldt sug&eared that the Council might want to consider
utilizing this time in the review of the Finance Department
organization and procedures or a review of the accounting methods
being used for motor pool transactions. Mr. Xreutzfeldt asked that
a letter designating these areas for the contributed services be
forwarded to Arthur Andersen.
Council Member Hopkins stated that the two areas suggested by Arthur
Andersen were important ones.
Mayor Stewart stated that it was essential to keep the contributed
services function and the audit function separate.
Mr. Xreutzfeld~ suggested that he would contact City Manager
concerning areas for consideration under the contributed services
provision and would report back to the Council.
Mr. Xreutzfeldt reported that a tour of City facilities had been
completed by the audi: team and some interviews had been held. The
audit work programs and timetable were being developed and financial
statements were being drafted.
Mr. Xretuzfeldt also stated that recent accounting pronouncements
would have an impact on the City's financial statements and that he
would report back to the Council what these impact would he.
Bill Dillon reported the~ the purpose of the audit would be to set
procedures.
Mayor Stewart asked teat the auditors bring any problems to the
Council.
Council Member Stephens asked if the auditors had established
procedures w~ich they would use ~o look for problems.
Mr. Dillon stated that the emphasis would be on the procedures but
the procedures would show any irregularities.
281
City of Denton City Council Minute~
Meeting oi June 21, 1983
Page Two
The Council convened into ~xacutive Session Co consider
matters, real estate, personnel, and board appointments. No
official action was taken.
The Council then convened imco the Regular meeting at 7:00 p.m. in
the Council Chambers.
PR~NT: ~yor Stewart, ~ayot Pro Tam Riddlesperger, Council
Members Barton, Alfo:d, Chew, Hopkins, and Stephens;
A~sistant City ~lanaget, City Attorney, and City
Sects:sty
~NT: None
1. The Council conaide~e~ approval of ~he ~in~tea of the
kesula~ ~etin~ of June 7, 1~83.
kiddleapetSe~ ~ion, ~a~on second ~o approve ~he ~inutes as
presented. ~tion ca~ied
2. ~olutions
The Couecil comaideted adoption o~ a ~solution
appreciation o~ ~ita
The ~ollo~in& ~solutio~ ~ae presented:
"NITA ~U~"
~AS, Nits C. Tbutmam at~ended the North Texas State University
D~onattation ~chool, Denton High ~chool and North Texas
State University; amd
W~, Nits has bean on the ata~ og the Mid-Cities Oaily News
&rom 1~68 to 197); served aa a cepottet a~d city editor
~ot the ~ataball Me~-~eeeen&et, an~ has been on the stag&
o~ the Denton ~ecot~ Chronicle since 1975; and
~A~, dutim~ Nita'a te~ute ~ith the Denton Recotd-Chtomicle she
has served aa associate editoc cove:in& ne~s :elating to
~ovet~ent and law en~o:c~ent and has covete~ city
&overheat since 1979; and
~AS, Nits has beem pteeemted ~ith the ~loen Ha~t A~atO
tbs National Aeeociatio~ og Home Buli~ets; and
~AS, Mits has exhi~ite~ outs:an~in& expertise, along ~ith hat~
~otk and an exceptional ability to :sport accurately, and
has gained the respect and admiration o~ the City Council
and ~ta~ o~ the City o~ Denton; and
~AS, the City o~ Denton baa been extremely go:tuners in having
enjoyed the dedicated and outstanding services o~ Nits C.
Thut~m, and seek be: gutu:e support ~bich we know ~ill be
~otthc~in&:
NOW, ~gO~, ~ IT ~5OL~D B~ ~ CITY COUNCI4 OF T~ CITY OF
~TO~, ~:
that the City o~ Denton does hereby oggicially and
sincerely extend its beat ~iahea to "NITA C. ~U~"
a long and successful ca:es: as a member og out co~uni:y;
and
282
City of Denton Gity Council Minutes
Meeting of June 21, 1983
Page Three
~ IT FUgTPEX ~SOL%ED,
that the City Council of the City of Denton, acting on
behalf of the citizene and staff, wishes to acknowledge
with grateful appreciation the services of NiCa C. Thurman
end the devotion she has given to the City Council of the
City of Denton and order that ~hie ~esolution be made a
parc of the official minutee of thie Council to be a
permanent retort of the City, thac a copy be forwarded to
her, the said "NITA C. THU~", aa a token of our
appreciation.
PA$.~.D AlID APPRO%IiD this the 21st day of June, 1983.
EICH~iI~D O. $IEWAI~T, MAYOR
CITY OF IIiNTON, ~EXAS
J. W. ItlDDIJISPf~R(IiR, MAYOR PRO T~M ~ I(. Ct~W, CUUNCILI~
JCE G. ALFOP~D, COUNCILMAN '1' RAY S'~]~PfENS, COUNCILMAN
CHARI~$ HOPKINS, COUNCILM~ JACK q. ~TON~ '~OUNC'iLMAN
ATTEST: APPRO~D AS TO ~GAL FORR:
CHA~LOT%~ ALAN, CITY SgC~TARY Cf ~. TAYLOR, JR., CITY ATTOP.~Y
A unanimous motion was made with a unanimous second. On roll call
vote Barton "aye", Hopkins "aye", Stephens, "eye", Alford "aye"
~iddSesperger "aye", Chew "aye", and Mayor Stewart "aye". Motion
carried unanimously.
3. Conmen~ ~enda
Hopkins mo~ion, Ba~on second ~o approve ~he Con~ent ~enda,
carried unanimously.
A. Bids and Purchaee
1. Bid ~ 9158 PVC gasketed sewer fittings
2. Purchase Order ~ 58230 to Wan8 ~boraCories, Inc.
3. Purchase O~dar ~ 58314 to Bolain ~qui~en~
4. Purchase Order ~ 58483 to Print Shop of Denton
B. Final Plats:
1. Approval of the final pla~ of the
~dition. (The Planning add Zonin~ Co~ission
reco~enda approval.)
283
City o~. Denton City Council itinucea
lteattng of June 21, 1983
Page Fou~
2. A~provat of the final plat of the Horth Lake Park
Addition Pha~e III. (The Planning and Zoning
Commission recommends approval.)
3. Approval °f(Tchehe final plat of the Weetwin~
AddiCiom. Planning and Zoning Co=mission
recommemds approval.)
C. ~n~racCa:
1. Approval of a conc~ac~ with A~ for ~he $conomtc
Devslo~nC P~os~am audio-visual p~eaen~aCion.
2. ~p~oval of a con~ac~ with ~oup G~aphics
~he lcouomic Develo~en~ Far,book.
D. ~a~emenCa:
1. Consider easement abaadc~e~c aC 1111 Coc~ell
ScgeeC. (The Public Utilities ~acd ceco~ends
approval.)
$. Tax ~efunc:
1. Conaide~ approval of a Csx refund.
~pceeenCaCivea oI the Confederate Ai~ Force appeared
before Cbs Council requesting permission co uae c~e Denton ~untcipal
Airport foc a C~
~. ~ike Clark ot the ConiederaCe Ai~ ~o~ce, D~ wint, scared Chic
the CAF planned Co hold a Class A airshov in Denton which would ca~e
the full =an&e and speccr~ of the CAF and woul~ include B-29 and
~-24 ai=c=afC. ~. Clagk ~epo~=ed that the C~ would work wiCb 7
diffscenc s~nao=s for concessions. The fuel =equiremenca, pa~king,
and Oua~ coeCcol wece in the pcocess of being worked ouc. M=. Clark
also ce~=teC =LaC aeon=iCy had been hanUled and Cha= a~vecCisin~
~o= the si=show ~ae undscway. ~. Clack eaCi~ced a c=owd of
for Che sho~. ~F repcea~nCaCivea had mac with the Airpo=c Adviaocy
Board and the boa=d bad =stranded the approval of cbt =equesc
use Che
~yoc Stewart asked if ~. Cla~k ~elc ~haC all necessary
a~ang~en~s had bean ~de.
~, Cla~k ~esponded Mes ~u~ ~he one ~hing chaC coul~ no~ be
¢onC~olle~ ~o~ld be ~he ~eaChe~.
~iddleape~le~ mo~ion, Hogkins secon~ co a~p~ove ~he airport use
at~eememC. ~ion ca~ied~nani~sly.
The Coumcil received ~he Planning and Zoning Co~isaion
~eco~endaCio~ fo~ ~e five yea~ Capital Imp~ovemen~ Plan.
D~. ~obar~ La~o~e, Chai~ of the Plannin~ an~ Zoning C~iaaion,
~epotted to the Council that the City was faced with an
apptoxi~tely $30 milliom dolla~ problem dealing with the streets.
Woodtow amd ~tole should be ~ebuilt. D~. LzFotte stated that
public heatinBa had been held to obtain citizen input on CIP
p~oJecta. ~at of the i~ediace problem deal with drainage.
6. ~t. Willie Hudapeth appeated be~oce the Council ceBatding
the inmtallatiom o~ mco~eboa~da with advetti~ing to be placed
City parka.
Mt. HuOapeth, C~i~aloee~ o~ the Denton Boys Tackle Football
Aaaociatiom, than&ed the Council loc the opportunity to appeac
284
City of Denton City Council Minutes
MmetinG of June 21, 1983
Page Five
bafore them. Mr. Hudspeth reported that the City did not have the
funds to do some of the things ChaC would improve the parks. The
tackle football association had seen an increased enrollment and
interest in football. A questionnaire which was returned to the
association cited concern over no scoraboarda ac the ~vers Park
football fielas. ~ fund raiser had bean initiated to help with the
soddin& and maintenance of the fields and Co pay for scoreboards.
Mr. Hudspeth stated Chat it had taken approximately
solicit the funds from local sources who wished to advertise on the
scoreboards in exchange for a donation to be used for the purchase.
Approximately two weeks ago, Mr. Hudspeth stated that he was
informed that Evers Park was zoned agricultural which did not allow
for any adver=isin&.
Mayor $tewart asked if the understandinG was Chat after three years,
the advertisements would be painted dUC.
Mr. Mudspeth responded yes.
Council Member Hopkins asked what would be the pro,er procedure to
zone the park so that the scoreboards withthe advertisements could
be installed.
City Attorney Taylor stated that he believed that Mr. Hudspath
wanted :o go ahead with the preliminary work for the sign
implacemencs while the rezoning process was underway so chat the
zonin~ final action would colnciae with the installation of the
scoreboards.
Council Member Alford asked who would be the sponsors advertising on
the scoreboards.
Mr. ~udspeth replied that the Western Bank and the University Bank'
had committed to sponsor the scoreboards.
Jeff Meyer, Director of Planning and Community Development, reported
that the Perk Board had recommended endorsement in principle hut
would like some time to develop some guidelines. From a plsnnin~
and zoning standpoint, Zvers Park is now zoned agricultural which
means no advertisements. Mr. Meyer asked for direction from the
Council to take to the Planning add Zoning Commission. Mr. ~yer
pointed out that if all City parks were rezonad other than
a~ricultural, it would open all of the parks up fo~ all sorts of
advertising. Mr. Meyer su~ested that the Mr. ~udspeth might want
to petition the Planning and Zonin~ Commission through the Staff to.
be~in proceedings to rezone ~vers ~erk to a Planned Development
which would allow for the advertise~nts and yet maintain control of
other uses of cbs land.
Mike Campbell of the Parks Board reported Chat the method the
Council was using to deal with the problem was exactly what the
Parka Board would recommend.
Council Member Stephens asked if the BoarO would he working on
suidelines.
Mr, Campbell stated that the Board would be &lad to develop
guidelines.
Bat:on motion, Chew second to approve the planned development
concept and to direct the Planning and Zoning Commission to waive
the $200 fee. Motion carried unanimously.
7. Public Hearings
A. The Council considered the petition of Indigo Builders,
Inc. requesting a change in zoning from single family (SF-7) to the
City et Denton City Council Minutes
Meetin& of June 21, 1983
planned development (PD) classification on a 1.42 acre tract located
at the ioutba/It intersection of Bell Avenue end Windsor Drive. If
approved, the planned development (PD) woula ~ermit the construction
of four (~) quedraplexes (16 units). The property ie more
particularly described as lots 1, 2, 3, ~, 5, 6 and 7, block 1,
Windsor P%ace Addition.
The Mayor opened the Public Heerin&.
Mr. Dale Mor~an, Marketin& Director of Indi&o Builders, spoke in
fever of the petition stating that the ~irm presently was developin&
7 buildings in the ares. The planned development would permit an
additional 16 units to he built sivins a density of 11 units per
~cre.
rm. Joyce Pittman, President of Indigo Builders, presemted a slide
presentation of the quadraplexee which the firm had constructed.
M~. Pittman stated that the units woul~ give a feel of sin~l~ f~ily
dwellin~ and that the streets, sa~er, and water were already in
place. Mt. PitOn stated that her ~irm would build quality homes.
No one spoke in oppomitiou to the petition.
The ~yoc Heating.,
~oeed
the
Public
David tllisou, Pl~nntn~ ~nd C~uni=y Develo~n~ S;afl, =e~o==ed
that 17 cmply focmi had ~n ~led wi~h 1. bejn~.re~prn~d i~ favo~
and 3 in oppolition, ~e area ~l moitiy sznS~e :~y nous~n& aha
lo~ density. Aaequa~e ~ubtic facilities ale available and in place
and lllieon tepot:e~ :~at perkins ~ould no: be a problem. The
developer had a~reed ~o install side,elks on cbs notch side o~ ~he
developer. ~e develo~nC re:es from sliSh~ly acceptable
acceptable in all ca~e&o~ies of the Oencon Development Guide. The
Planninl ins ZoninS Co~iesion ha~ :ec~ended approval ~ich 6
conditions.
~e Council considered adopCio~ og an ordinance
chan&in~ the zonin~ ft~ sinsle i~iLy {SF-7) :o ~he planned
develo~ent (PD) clailificltion to permit the construction of four
(4) qu~:aplezes (16) units on a 1.~2 acre CtacC Located aC the
southeast intersection o~ Bell Avenue and ~indaoc Drive.
~e ~oll~in& ordinance was ptelenCed:
~ O~IN~ ~I~G T~ ZORING ~P OF T~ CITY OF
~, ~ ~ VAS ~ ~ ~ AP~NDIX TO T~ CO~ OF
69-1, ~D AS SAID ~P APPLES TO APPROXI~LY 1.42 AC~ OF
~O ~I~G K~N AS ~TS L, 2. 3, 4, 5, 6 ~ 7, BLOCK
VI~SO~ P~ ~DITIO~, ~ ~DITIO~ TO T~ CITY OE
~TON ~U~TY, ~; ~D ~0~ P~TICU~LY ~SCRI~D
~opkine ~Cion, they second Co a~opC the ordinance. On roll call
VOte ~acto~ "
aye , Hopkins "ale', Stephens "~ye", Alfocd "aye",
~id~lel~ec&e: "aye"~ they "~ye", and ~yo: Stevact "aye". ~otion
ca:tied unani~uily.
B. The Council conaidete~ the petition of Richard Gompton
tequeetin& a chen&e in zonin& ttom a&:icultu:al CA) to the planne~
developer CeD) classification on a t.264 acre tract located aloe&
the notch side of ~obineoe ~ad beEinning apptoxi~tely .4 mils east
of the intersection o~ Robinson Road a~d FM 2181 (Teasley Lane). If
approved, the ~lanned development (PD) would ps:mit the following
land Ulel= (Z 1582)
~etal getail - on 1.25 acres
~-pleXel - on 1.07 ac:es
Ouplaxil - on 2.42 acres
~o~ity of Denton City Council Minutes
Meeting of June 21, 1983
Page Seven
The Mayor opened the Public Bearing.
MT. Bob Crouch, representing Mr. Lichard Comp:on, spoke in favor of
~he petition stating that his client felt the location was very
esirable for the proposed 17 duplexes and 3 fou~-plexss. Mr.
Crouch also reported that several builders and developers were
waiting on the zoning change on this tract.
No one spoke in opposition.
Tbs Mayor closed the Public Hearing.
David ~llison of the Planning and Community Development Staff
reported that 8 reply forms bad been mailed with none returned in
favor and 1 returned in opposition. The major concern of the Staff
was the location with respect to ~obinson ~oad which is a County
road. Since the City does not maintain the road, the Staff
contacted the County about possible problems but the County did not
reply. The Planning and Zoning Commission had approved the petition
with no conditions.
The Council considered the adoption of an ordinance
changin& the zoning from agricultural (A) to the planned development
(PD) classification to permit land uses of general retail on 1.25
acres, 4-plexes on 1.07 acres, duplexes on 2.42 acres, on a 6.264
acre tract located along the north side of Lobinson Load beginnin~
approximately .4 mile east of the intersection of ~tobinson Load and
F~ 2181 (Teasley L~e).
~e following o~dinance was presented:
~O. 83-~2
~ O~IN~ ~DIN~ ~ ZONING ~P OF T~ CITY OF
~S, AS S~ WAS ~O~0 ~ ~ AP~DIX TO T~ CO~
O~XN~S OF T~ CITY OF ~N, ~S, MY O~IN~ NO.
69-1, ~D AS SAID ~P APPL~ TO APP~OXI~LY $.264
OF ~D OUT OF T~ T. ~. ~IN~ S~Y, ~S~CT ~0. 346.
~ ~UNTY, ~S; ~D ~ P~TICU~Y ~S~I~D
Chew mo~ion, Hopkins second ~o adop~ ~he ordinance. ~ ~oll call
vo~e Ba~on "aye", Hopkins "aye", S~ephens "aye", Alford "aye",
Xlddleaper~e~ "aye", Chew "aye'~ and ~yor S~awar~ "aye". ~o~ion
ca~ied ~nanimoua~y.
C. The Council conaide~ed ~he peri,ton o~ ~. Alex Bickley
· eq~ea~ing a chan~e in zoning ~ ~icul~ural (A) ~o ~he planned
development (PD) classification for a~icultu~al use~, with
=selden:iai uses limited to one ~in dwellin~ and three mobile
h~es, subject to the following conditions: 1) mobile homes are not
available to the gene=al public fo= =eot; 2) ~bile homes to be
located no close~ than 100 feet to ney p=opa=ty line; 3) a portion
of the property, with o= without mobile homes, not to be sold
without firs: submitting a subdivi~ion plat and PD zonin~
modification for approval. The property ia deac~ibed aa containin~
53.865 acres in the Mary Austin Survey, located at 2203 Spence~
RoaO, in tbs ~unty of ~enton, Denton, Texa~.
The ~yor opened the Public Hearin&.
M:. Alex Bickley, one of the owners, spoke in favor of the petition
atatin~ that this parcel would be for f~ily use. ~e o[ the mobile
h~ea would be for his mother and one of the mobile homes woulo be
fo: a maintenance person. Neither of the mobile h~es would be
closer than 100 feet to the property line and would be located in a
wooded area. Mr. Sickley aaEed the Council to consider an
287
City of Denton City Council Minutes
Meeting of June 21, 1983
Page ~ ight
alteration to the original petition. Mr. Bickley stated that
instead of the third mobile home, the owners have purchased an
historical landmark home whichthey would like to move onto the
property. Mt. Bickley stated that the ordinance could be written
such that if the property should be subdivided in the future, all
mobile homes would be required to be removed from the property.
Mr. Run Adkins, one of the ownarl, stated that it was his family's
intention to move onto the property as a permanent home and to
improve the property.
No one spoke in opposition.
The Mayor closed the Public ~earing.
Je[f Meyer, Director of Planning and Gon~nunity Development, stated
that the Council might want to refer the petition back to the
Planning and Zoning Co~mission as the P&Z had not seen the addition
of the historic landmark home in the original petition.
Mayor Stewart asked if the Council had to refer the petition beck to
the Planning and Zoning Commission.
City &ttorney Taylor replied that they diO not as this had no
bearing on the change in zoning but was a change to the provisions
of the planned development,
Council Member Barton stated that the addition of the historic home
was an obvious upgrading in the planned development. Barton also
stated that the ordinance would need to reflect the change from 3
mobile homes to 2 mobile homes and tbs historical house
The Council considered the adoption of an ordinance
changing the zoning from Agricultutal (A) to the planned development
(PO) classification for agricultural uses, with residential uses
limited to one main dwelling and three mobile homes, on property
located at 2203 Spencer ~oad.
The following ordinance was presented:
NO. 83-63
~_N ORDINANCE AMENDING TIE ZONING MAP OF TH~ CITY OF ~NTON,
~][AS, AS SA~E WAS ADOI~ED AS AN AP~NDIX TO Tt~ COI~ OF
O~I~S O~ T~ CITY OF ~NTUN, ~, BY O~IN~ NO.
~9-1, ~5 AS SAID ~P
OF ~D OUT OF ~
~a ~UNTY, ~$; ~D MO~ P~TICU~LY ~SCKI~D
~N; ~D ~C~IBG ~ ~FF~CTI~ OA~,
B~:ton motion, Mopkin~ ~ecomd to adopt the ordinance. On :oll call
vote ~rtom "mye~, Hopkins "aye", Stephens ~"aye", Alford "aye",
giddles~e:g~r "~ye", Chew "~ye'~ am~ Mayo~ Stewart "aye". Motion
carried unanimously.
O. The Council considered the petition og ~. J. and Ann
~i~ton :equeatin~ a cban&e
tbs oggice (0) classification o~ a 0.~86 acre tract located at 1600
and 1608 Bernard St:est and 702 Ste~ons. g-1568.
The ~ayot opened the Public
~o oas spoke i~ ~avot og the petition.
~o one spoke i~ op~sition to the petition.
The ~ayot closed the Public
28S
City of Denton City Council Minutes
Meeting of June 21, 1983
Page Nine
Jeff Meyer, Director of Planning and Community Developmemt0 reported
that no notices were sent as the Planning and Zoning Commission had
originally recommended denial of the petition, the Council had held
a public hearing on the petition and had tabled the issue. The
Council bad then removed the item from the table and had referred it
back to the Planning and Zoning Commission. The V&Z was again
recommending denial of the petition, The Council needed to take a
final action on the petition to clear it from the books.
Barton motion, Chew second to deny the petition. Motion carried 6
to 1 with Council Member Stephens casting the opposing vote.
8. Ordinances
A. Tbs Council considered the adoption of an ordinance
emending Article 12 (49) and (50) of Appendix B Zoning of the Code
of Ordinances of the City of Denton, Texas relating to the
on-premise sale of alcoholic beverages with 100 feet of a residence
by providing for a uniform manner of meaaurememt in accordance with
that author/zed by State law for similar prohibitions; providing for
a pena~,ty not to exceed two hundred dollars ($200.00) for violations
thereoz; providing for a severabiltty clause and providing for an
effective date.
Jeffe~er. Director of Planning and Community Development, re~orted
This ordinance would bring the City of Denton into compliance with
state ordinances.
Council Member Chew asked how the City could control builders to
keep them from moving the front door to obtain the licenses.
City Attorney Taylor stated that the City could not as that would
require a change in the state statute and would have to be enacted
by the state legislature.
Tbs following ordinance was presente~
NO. 83-64
AN OP. DINANC~ At~NDING AKTICI~ 12 (49) AND (50) OF APPENDIX
B-ZONING OF TF~ COI~ OF OP. DINANC~S OF TI~ CITY OF
qEXAS ~LATING TO T~E ON-PI~MIS~S SAlE OF ALCOHOLIC
t~V~RAa~s WITHIN 100 F~£T OF A ~$I~N(~ BY P~OVIDING FO~ A
UNIFORM M~N/~ OF M/ASUI~ENT IN ACCO~tDAN~E WITH THAT
AUTHOXIY~O BY STA~E LAW F0~ SIMILAR PROHIBITIONS; PROVIDINg
FOR A ~NALTY NOT TO £ XO~D TWO HU~D~D DOLLARS FOR
VIOLATIONS TI~OF; PROVIDING FOR A ~%ERABILITY CLAUS~ AND
PROVIDING FOK AN EFF~CTI~ DAT~.
Barton motion, Hopkins second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "eye", Chew "aye'~ and Mayor Stewart "aye". Motion
carried unanimously.
B. The Council considered the adoption of an ordinance
changing the zoning from the agricultural (A) classification to a
specific use permit to erect a microwave communication relay station
and tower on property 0.20 acre in size which begins approximately
~0 feat south of the centerline oi Johnson Xoad and 7~.I feet west
of the centerline of U. S. Highway 377. (S-168).
David ~llieon of the Planning smd Community Development Staff
reporteO this was the ordinance for this item which had been
approved by the Council at the June 7 meeting.
289
City of Denton City Council Minutes
Mee~in~ of June 21, l~SB
Pa~e Tan
The followin$ ordinance was presented:
NO. 83-65
~O~.DI~A~O~. GB.~TING I S~.CIFIC U~ B~IT ~D ~NDING
~N~G ~P OF ~ CITY OF ~NTON, ~S, ~ S~ W~
~P~D ~ ~ AP~IX TO ~ CO~ OF 0~I~S OF .T~
CITY OF ~NTO~, ~S, BY O~IN~ NO. 69-1, AND AS SAID
~ APPLES TO ~P~XI~LY .20 AC~ OF ~D IN T~. CITY
~D COUNTY OF ~N~N, ~; ~D ~C~ING ~ ~F~CTI~
DA~.
Kl~dlempet et mocion, Alfotd second to a~opc the ordina~ce. ~ roll
call vote ~a~Con "aye", No,kine "aye", Stephens "nay", Alfotd "aye",
~lddles~e~et "aye", Ghew "aye", and Mayor S~ewart "aye",
carried 6 ~o 1.
The Council considered the adoption of an o~dinance
C.
chan~i~ ~he zo~i~ from the a~ricul~ural (A) classification ~o ~he
planned develo~e~t clalaifica~ion to pe~mi~ land uses of mobile
home au~ivision on apprexima~ely 11.5 ac~ea, general re,ail on
approxi~elM 1.211 acres, co~e~c~al, on, approx%mate12~38 acre,
an app~oxi~el2 13.5 ac~e pa~ce{ ~e~n~9~_a~ ~e aou~neas~ corner
of ~eealin~ Xoad and ~iaht~ap ~oac.
Jeff Meyer, Directo~ of Planning and Co,unity Development, reported
~hat ~h~a wam ~he zoning petition for Mr. Griffis mobile home
~ubd~viaiom which had ~ecen~ly been annexed.
Mr. ~iffia ~eported ~hat he questioned the condition that the P&Z
had pleced om the pe~i~ion which called for a 20 foot building
line. The~e la a 25 foot buildin~ line fo~ residences and 15 feet
for mobile h~ea. A comp:(~ise had been reached at ~he Developmen~
~viaw C~it~ee of 20 feet. Mr. Griffis stated that due to the
ir~egula~ mizes of ~bile homes, an 18 foo~ building line would
be~a~ ~ui~ his needs.
Jeff ~ye~ a~a~ed that the 2 foot variance would no~ be a problem.
~e followin~ ordinance was presented:
~O. 83-66
A~S O~ ~D OUT OF ~ ~O~AU ~O~ST SU~Y,
Ropki~m motion, Alfocd s~ond to ldopc Cbe ocdinancm with cb~ chan~e
i~om a 20 fooc Co an ~8 fooc buiLdint line. On ~o~ call vote
"aye",
BacCon Hopkins "aye", Stephens "aye", Alfo~d "aye",
Xtddleape~e~ "aye'~ Chew "aye", and Mayor SCewac~ "aye". Motion
carried unanimoumly.
D. ~e Council considered ~be adoption of an o:dinance
~en~i~ Chapter 14, Section 14.2 of ~he Code of Ordinance
relaCint to 9rohibicin~ construction crews from workin~ past 6:00
p.m. on weekdays and on weekends.
Assistan~ City ~na~er Svehla ~epo~ed ~haC at the June 7 meeting
5uildinl coa~rac~o~-s re;~esenta~ive had a~peared before the Council
abou~ a p~obl~ wi~h the wo~kin~ hours p~ohibition, eye,la also
reported ~ha~ reactions ~oni othe~ builders to ~his ~endment had
been favorable.
29O
City of Denton City Council Minutes
M~e~ing of June 21, 1983
Page ~leven
The following ordinance was presented:
NO. 83-67
AN O~LDINAN~ AMENDING CHAF~ 14, -~.CTION 14-21, OF
CO~ OF O~IN~S OF T~ CITY OF ~N~N, ~; ~VIDIN~
FOk A ~ILITY G~U~; ~D P~OVIDING FO~ ~ ~F~I~
DA~.
Chew motion, Hopkins second to adopt the or~inance. ~ roll call
vote ~arton "aye", Hopkins "aye", Stephens "aye", Alfo=d "aye",
~iddlesper~er "aye", Chew "aye'L and Mayor Stewar: "aye". ~Cion
ca=tied unanimously.
9. The Council considered approval of Che ad~ul~enC of =he
1982 City of Denton Supplemental Tax ~11 fo~ ad3us:meD=m through
~=ch 13, 1983.
Am~is~an~ City ~na~er Svehla reported ~hat the tax rolls had been
available for inspection in Che City ~nase='s conference room for
app=ox~macely 2 weeks.
Barton motion, Alford second ~o approve the ad~um=mm~. Motion
the opposing vo~es.
lO. The Counci~ considered approval o~ a con~ac~ for
~rovble
wi~h ~S Co~po~a~ion ~o~ consul~ins and shoo,ins of ~he
U~i~i~y ~illi~ System ~nown as CIg and Ch~ Pa~o~l/Personnel
kno~ as ~IS. (The Data P~ocesaing Advisory Board ~eco~e~ds
~pp~oval.)
Assis~anC ~i~y ~anage~ Svehla ~epo~Ced ~ha~ ~8,000 had been used
conduc~ a ~a~e study for ~he Utility Department.
Ga~y Oo~lins, Di~ec~o~ of Data P~ocessinS, s~Ced Ch~ the monies
wh$ch had been budgeted were used on cbc spec~a~ u~ll~Cies p~ojec~
and ~he S~aff was now asking ~o ~ave the funds
Counci~ ~embe~ bCephens s~a~ed ~ha~ i~ ap~ea~ed ~ha~ ~he
~eins~aCemen~ was in case there was a need ~or ocbe~ special
p~o~ecC~. ~ep~ens also asked if this was an ina$ca~ion Cha~ ~he
consultants were beinS phases ouc.
Collins ~esponded ~ha~ T~S Gorpo~Cion was a sof~wa~e vendor bu~
chac eventually ~he ~ouble shoo,ins would be ~one in-house
S~af~. ~in~enance con~rac~s wou~d s~ill have ~o be contracted.
Stephens motion, Chew second ~o approve the con~ac~. ~oCion
ca~ied unanimously.
~e Council conside~ed approving b~ds Eo: overwid~h and
s~ree~ consC~uc~ion pas~ the new ~ve~s school.
~ssia~n~ Gi~y ~nage~ Svehla reported cha~ the Denton Independen~
School ~is~lc~ had Cakes bids ~o~ ~he new ~oads nea~ ~ve~s school.
John ~a~shal~, Purchasing Asen~, ~epo~ed cha~ he and Bria~ Burke,
cbc DISD enginee~ on ~he p~o~ec~, had calculated chac ~he
portion of ~he par~icipa~ion would be app~oxi~cely J87,36~.65 bu~
tha~ ~his ~ounC might change somewhat am ~he figures were
finalized. Mr. ~rshall also repo~ted ~ha~ the low bidder was ~, L.
~be~t~ Construc~ion Company.
Council ~mber Hopkins alked if the Council should approve ~he bids
now or wai~ until the final dollar figures were available.
291
City o~ Denton City ~ouncil ~inu~es
~l~eting of June 21, 1983
Page Twelve
Assistant City Manager Svehle stated that the School Board would
like to move forward with the project ii possible.
Council tiember Hopkins asked how the City's portion of the project
would be funded,
Svehla ~esponded that the deteils of the funding had been worked out
with the DISD.
Hopkins motion, Kiddlesperge~ second Co approve the bids. Motion
carried unanimously.
12, The Council held a discussion on the organization of Denton
County local iovarnments meetings.
Council t~amber ~iddleeperger stated that while atcen~ing ~ Text?
~unicipal League seminar, he had me~ with several City uounc~
members ir~ oCbe= DeaCon County ciciel. A susses~ion w~s ~ade, that
the va~iou~ Council Members ~et on a ~esular quar~e~zy mas~s co
discuss county wide issues.
Cha~ the Denton County ~ayo~s Associa~ion had
~yor
Stewart
been movin~ forward in ~his area for ~he Iasc 18 months and s~a~ed
ChaC Chis association woul~ p~ovide a &ood vehicle ~o expedite these
discussions.
ziddlespe~e~ ~cion, Hopkins second Co instruct ~be Staff co
con,act ~yo~s and ~uncil ~embe~s in the county aha develop a
p~oposal in accord with Chis concept. ~oCion ca~ied unanimously.
13. ~e ~uncil conmide~ed approval of an annual maintenance
con~act wi~h ~S fo~ ~he finance packase known as LGFS in the
~ount of ~15,000.
Ga~y Collins. Di~ecCo~ of Data P~ocessin~, ~epo~Ced cha~ chis
solcwa~e package has been in use ~o~ one yea~. Afte~ the first
yea~, the ~lnCenance is provided on a conc~acc basis. The funds
~o~ Cbs con~ac~ had been budgeted and the Da~a P~ocessins ~oard had
~eco~ended approval.
Council Membe~ Hopkins s~ated he felt this was very necessary.
Stephens motion, Alfo~d second co approve the maintenance contract.
Motion carried unanimously.
14. M~. Ca~l Youns was Co appea~ before the Council ~equesCinS
the use of Fred ~ore Pa~k un,il midnight ~o~ a July 4~h
celeb~aCion. M~. louns was hoc p~esen~.
15. Official action on i xecu~ive ~ession ices:
D. ~oa~d appointments
~yo: 5Ce~a~ announced the followins appointments co various City
boa~a and c~iasions:
AIR~OZT ADVISQ~Y ~O~
David Glick
Frank Haywa~d
Lee Kei~h
BOAI~ OF ADJUST~gTS
Deborah Darley
Janeda Peploe
Joe HoLland
292
City of Denton City Council Minutes
Meeting of June 21, 1983
Page Thirteen
~UIL~ING COL~ 50A~D
Bob Miller
Johnny Mozingo
Cliff Reding (Alternate)
GABI. g TV ADVISORY BOAI{.D
Steve Applewhita
Jerry Garrett
G. g. 5eligmann
Larry Gleeson
CITIZgN$ TI~FIC $~TY S~P~RT ~0~O~
Dorim Chipman
Virginim Gallian
Joseph Ial~nti
Rocky
John Tompkinz
I~,,RTON ~Ob~ING AUTHORITY (Mayor's appointment - O~
not apnroved by Council)
C. a. Collins
Patrick g..~ott
~linore Hughes
g LgC%~ICAL CODg BOARD
Joa Bayer
Pete Chumbley
David Hoeni~
Steve Xniatt
Brad Carroll (Alternate)
~ill Parry (Alternate)
HIST0~,IC LANDMARK COMMISSION
Mary D. Hardin
Sam ~ingsbury
Sam ~ariuo
Sandra Matthews
Jim Wheeler
HU~OU~ ~$ou%~s ADVIS0&¥ CO~rCZZ
~aren Connor
William Crouch
Xudy Moreno
Don Picken~
Irene Price
LIBRARY BOA.RD
Lupe Gonzalez
Rodney J. Hutton
Sarah Lockhart
Kay acCallon
Alicia Trsvelle
293
City of Denton City Council Minu~em
M~e~ing of June 21, 1983
Page Fourteen
Jane Malone
Ronn~e Robert.
~. Pearlon
~dy S~do=
PLUI~ZNG AND I,{gCitA.NICAL COL~E BO~.
Geo~{~ Becket
Bob Su~livau
Bob Wi~met
Chs~lea G~yan
Stephen~ moaiou, Hopkinm ~econ~ =o app=ove the board and co~iaaion
app=olu=~num. ~tlou ca==ied unanimou~ly.
16. ~ev ~usinesl
agendas.
Council ~mber ~zephens alked Co receive a report on ~he
insuCance
Barton mo=ion, Chew second ~o a~ou~n =he meecins.
unanimousl~. ~e mee=in~ was aC~ou=ned a= 8:50 p.m.
CH~T~'AL~, CITY
0883C
294
CITY OF DENTON CITY CUNCIL MEETING MINUTES
~IULY 5, lg83
The C1~ of O~nton City Counc11 met on Tuesday, ~uly 5, 1983, at 5:30
P.~4. tn ~e Ctvtl ~fense ~ of ~e ~ntclpal Building.
The Counct1 convened tnto executive ~ss~on at 5:35 ~ dtscu~s legal
~t~rs, ~ell es~, personnel and b~rd ap~n~nts. ~ offtclal
actton ~as taken.
T~ Cou~l reconvened tn~ o~n sesslon, a~ r~etved a ~po~ on
Ct~ of ~n~n*s 11abt](~ Insurance pro~m.
The ~or asked ~at t~e Ct~ At~rney c~na~ a tt~ for h(m, ~ohn
~11, and ~e ~or ~ vtstt wtth ~L tn ~stln.
The Cou~11 discussed ~e wa~r q~1t~ of Lake L~tsv]lle.
~nage~, Che~s Hating referred ~e council to one of ~e g~ls ~ had
set at ~elr ~treat regaling ~ts ~ssue.
~vtd H~ ~por~d ~at ~e qual~ ~s fa~rl~ good at ~t~ t~, and raw
~r ts ~nt~d by ~n~n, ~11as, and L~vllle. He ~ted
~n~n's co~ern Is ~at one of ~e lake ctttes ts dtschaetng ef~uent
ver~ close to our tn~ke potnt. He.s~ that ~e plant ~1, h~ver,
~rktng to corr~t ~ts s~tuatton. M~ a~so ~po~ ~at a hearing
being set foe ~e near future to Involve the su~undlng ctttes. He
s~ted that he wtll be at~ndtng as ~n~n's rep~sen~ttve for the
pu~ose of objecting to all,trig a dt~harge plant clo~ ~ oar
I n~ke.
Rtddlespeeger sug~st~ ~at ~ be contac~d for ~e pue~e
p~v~dtng us wtth s~ ass~sM~e, and exploring addition1 al~rnat~ves
for cleantng up ~e lake.
S~phens asked :hat ~e coun~ c~t~slonees. ~e dt~tor of the
ct~/coun~ heal~ depar~nt and all of ~e lake cttles ~ con~c~ for
~etr support ~ a resolution regarding ~tn~tntng ~e con~l
effulent betng discharged tn~ ~e lake.
Ho~tns s~d that ~e s~ water con~ol offtce not be left off of ~e
~olutlon.
~vtd Ha~ fur~er ~ported to ~e cou~t1 ~at the Ct~ of ~n~n had
r~etved app~val of our ~tt, and ~at ~e ct~ ~s c~n~d for
excellent qua11~ of t~ effluent.
~r~ng s~ted ~a: ~b Klng, Supt. of ~e ~as~a~r T~nt Plant,
and hts cr~ ~re dotng an excellent ~ob.
T~ ~or tnstruc~d ~e Ct~ At~r~ to prepare a resolution sMttng
~t ~e wa~r sMn~rds be kept up around L~e ~tsvtlle. ~ fur~er
tns~uc~d that th~s resolution was ~ be sent :o C~, ~ Goun~
C~tmstoners Court, ~e Ct~/Coun~ ~al~ ~r~nt, ~e S~te ~ater
Con~ol Agency, and all of the surrounding lake ctt~es.
Rtddlesperger asked tf ~ could es~11sh a contract ~at ~uld all~
lake ctttes to work wt~ our plant. It was fu~her s~ ~at a
~veloper of ~e Hlckor~ C~ek pro~t had app~ached ~e Ct~ and had
asked to ~otn on~ our plant. T~lor s~d ~at as a C~ ~ c~ld not
affoed ~ ~tla~ wt~ ~velopers tn ~ts ~.
Stephens asked that ~e Ct~ of Dallas not be overlo~ed foe sollclttng
sup~rt to our resolution.
7:~ ~
The ~ek sesston was ended, and ~e C~nctl continued open itlt~on tn
~lar ~ttng of the Ct~ of ~n~n Ct~ Cou~l tn ~e Cou~t1
Cheers of ~e ~ntclpal Building. The roll,lng 1~ we~ coflst~red:
1. The Counctl considered ~e approval of t~ mlnu~s of ~e
Called ~ttng of ~une ~4, 1983, and ~e ~gular ~ttng of ~une 21,
1983.
City Council i~ettng Minutos 2§5
July 5, 1983
Page Two
The following changes were made to the minutes of dune 21, lg83,
minutes: on page ]3 under the board appotnments for the Cable TV
Advtso~y Boa~, I~.. Stephens stated that Larry ~leeson had been omttted
f~om the llst; under Dento. Housing Authority tt was pointed out that
these persons were considered end not spprove~. The I~Lyor asked that the
minutes be changed to reflect these corrections. Alford motioned,
Hopkins seconded, the motion carried un~nimuusly to approve the minutes
as presented Nth the above --nttoned corrections to be made.
2. The Council considered the consent agenda.
Rtddlesparger asked that Item C.3 .... Approval of the ftnal plat of lots
1 and 2, Thompsen Addition... be removed from the consent agenda for
discussion,
Riddles~et*ger asked s~ff tf all of the Thompson Addttton was no~ zoned
as multt-f~mtly. D~vtd Elltson sp~e for the s~ff. Elltson s~ted ~at
the existing zontng is multi-family with the property further to the west
o¢ ~he loto s~ted above zoned as two-family,
Rtddlesperger motto~ed to &p~ove, Barton seconded,
the
motion
carried
unant,musly.
A. )ids m~ Pu~hmse Orders= 1. Bid ~ 91~0 - Pe~teble ~dlos
aid ~ 91~l - Utility Poles
3. Purchase Oriler # 575~ to L~ne-Westarn for $13,117.75.
~. ¢ontrmcts=
1, ~opreval of building a~tendents contr&cts for the Pa~s and
Recreation Depa~13=ent.
C. Pl&ts and Replmts=
1. ~p~ovel of ~ final plat of lot l, block A, Rtdgecrest
~mrtments. (The Planning and Zoning Co,~nisston ~nds
mpprovml.)
~oval of tJ~ final plat of the San~ Hill Addition.
(~e Planning and Z~nlng C~isston ~eco~nds mpprevml.)
). ~prov&l of tJ~e final plat of lots 1 and ~, Thompson
A~ltlon. (The Planning mhd Zoning Co~,is$ion reco~nds
mpproval.)
4. A~proval of ~ final plat of the Triangle I! A~ldttion.
(llle Planning ~ Zoning Comtssion reco~nds approval.)
$. ~preval of the ftn&l replet of lot 2, bl~k A, Fr~
Park Addition. (The Planning and Zoning Ca~tsston
~oa~nds app~vel.)
D. ~!nal P~mnt:
P~yment to Rent B~tes Auctioneer in the amount of $8,568.40.
Hopkins motioned, Alford seconded; the ~tton to approve the consent
agenda carried unent~usly.
3. Public Hearings:
A. S-l§9. This is the petition of Wesley A. Davis r~uesttng a
specific use p~mtt to operate a d~ care center at 519 and 5~g
B~ltvmr St~t (Ftret ¢~u~ch of the Nazarene). The property is
presently zoned plmnned development (PD) for a funeral hom use
only.
The M~yor asked for those in favor to come forward.
City Council ~eting Ntnutes
Page Three
Wesley Oavis c~ fo~. He s~d ~at ~t ~ts hts optnton ~a~ the
CtW of DenOn ~d ano~er qua11~ ~ cs~ cen~r.
Ho~lns a~ed w~ ~u;d run the cen~.
~vts ~po~d ~at he ~uld be ~nntng ~e ~en~r wt~
base~ on ~e a~s of ~e children.
Rtddlespergar aske~ what ~od ~vts ee; ustng ~ de~ne ~e~ n~ds.
Darts s~d ~at ~ere ~ul~ be one s~ff person for eee~ ftve
o~ for eve~y child fr~ 11 ~ 18 ~ntht, one s~ff ~rson for eee~ nine
chtld~n f~m 18 ~nths ~o Z years, e~.
~lns ~sked ~v~s tf he wes tn a~nt wt~ the P&Z whtch was
~nd~ng approval based on ~e p~tse ~a~ tf ~e ~ ca~ cen~r
wes not successful tn t~ years the z~tng ~uld ~vert back
o~tglnal ~ fa~ly zontng.
~v~s s~ ~at he wes tn full agr~nt wt~ ~ls ~nd~tton,
~ one sp~e tn opposition.
St~ff person ~vtd [111son apse. Elllson s~ted ~at ~ere
letters re~ed tn favor of ~e zoning change, one tn op~s~tton and
un~l=ed. He s~4 that ~e tndlvl~al ~ho ~as un~t~d appea~d
befo~ ~e P&Z C~sslon and ~ques~d ~at a solld fete be e~ted.
[111son ;~ted ~at PAZ had ~t~d ~at ~ts ~ have ~ Mg~ttve eff~t
on the chtld~n, and the~fo~e ~uld not ag~ ~ a sol~d ~1~ o~ fete,
1. Consider adoptton of an o~dtnance changtng the zontng from
planned development (PD) for a funeral home use only ~o a
spectftc use peri, it t~ operate a day care center at 519 and
529 Bolivar Street,
NO. ~-~
AN ORDINAJiCE GI~ANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING I&AP
OF THE CITY OF DENTON, TE)CAS, A.S ~E WA~ ADOPT~ A~S AN ~PENDIX TO THE
CODE OF ORDIKANCES OF THE CX~ OF DENTON, TE)C~S, BY ORDINANCE N~
AJdD ~ SAID I&AP ~PL[ES TO LOT 2, 5LOQ( l, BARB ADOIT[ON, R.
SURVEY, A~$TRACT NO. 31, ¢I~ AND COUNI~/ OF DENTON, TE)CA~; AJd) DECLARING
AN EFFECTIVE DATE.
Stephens motioned, Bar,on seconded, on roll call vote, Borton aye,
Hopkins aye, Stephens aye, Alford aye, Rlddlesperger aye, Chew aye,
$1~rt aye, the motion was carried unanimously.
5. Z-1585. This is the petttto~ .~f Co~ Oaks, Inc. requesting a
change in zontng from offtce (0) to the planned develolxaent (PD)
classification on a .550 acre panel located adjacent and west of
the intersection of Myrtle and Fo~ Worth Drive, adj~cmnt mhd east
of Carrmll Boulevard, and north of the merger point of Clrroll mhd
Fort. Worth D~tve. If approved, the planned dewilopment (PD) would
pemtt the cons~uctton of an app~ox.tmately 4.0~0 square foot
restaurant. (The Plenning and Zoning Coa, tsston recoa~ends
approval. )
No one appea~ed either in favor or in opposition to thts petition.
Davtd Ellison spoke for the staff. Elltson rtported that nottcem were
sent te property owners within ZOD feat of this proper+.y. One was
returned ~n favor, and none were retarned in opposition. £111ston stated
thee the P&Z and staff feel this change would not create any significant
additional traffic p~oblems than an ~fftce structure. He stated that
from a pu~e land use viewpoint, this would be acceptable.
Ct~y Council I~ettng H~nut~s
297
Paga Four
E11tson stated one pP~l~ ~1~ had c~ up ~ega~ng ~ts p~oposal, t.e,
~Pa~c ~cell. ~ fu~eP I~d~ ~veP, ~a~ 4ddt~to~1 access could
and F~. ~ ~ve.
E11~son ~=~d ~a~ P~ ts ~K~ndlng approval and d~ec~ton of
=o ~uP~ explo~e ~l~a~ accels and d~uss ~ese 11~4~lvei
~e applicants p~o~ ~ flnll ~pp~val. ~ fu~eP s~d ~ha~ PIZ has
PK~fl~ a~wl ba~ on ~ ~ndt~ton ~at t~ ~e ~t~tonlP
succtsl~ul w~n f~ yaps, ~l~ ~ls pr=~y be ~eve~H back ~
o~tgtnel zonlflg.
~n ~to~d fo~ approva~ b~sed on ~e condition ~a~ ~he s~ff
on a~Uv.~ fo~ solving ~e traffic concerns. ~o~ sug~s~d
p~ope~ ~s. Rtdd~espe~ep ~ked tf ~e ~e~ of ~e p~o~r~
~g~eed ~ a cu~ cut on ~. glltston s~d ~ he ~d.
~u~d ]~ke ~ s~ ail ~es off of ~le ~nd Ft. NoP~ D~ve.
Mdd]el~ s~d ~ ht~ f~}tng ts ~e~ ~ be a ~afftc safe~
ha~N ~t~ ~e ~ off of
~. ~nst~ ~p~t~ ~n changing zontng
o~dtna~e
f~
office (0) ~ ~e planned ~ve]o~nt (PD)
~ pe~ ~e con=~c~ton of ~ ~es~au~an~ on a .650 ac~
~le ~nd Fo~ ~o~ ~tve, ~en~ and eas~ of
~a~. and ~ of ~e ~ po~n~ of ~]~ and
Fo~t ~P~ Drtve.
~ O~E ~E~]NG THE Z~ING ~ OF THE CITY OF DENTOH~ TE~,
S~E ~ ~D ~ A~ ~PE~]X TO ~ C~ OF O~]N~ ~ THE C~
DENTON, T~. BY O~X~[ NO. 61-1, AND ~ SAID ~ ~PLZES TO
~PROX[~LY 28,~.05 S~ FEET OF ~0 OUT OF THE ALE~ER HELL
~RVEY, ~S~CT ~0. 6~, D~TON ~UNTY, TE~; AND ~E P~TZCU~Y
DESCR[ID HE~N; ~0 OECL~XNG ~ ~FECTZVE OATE.
~t~n ~tt~, Ch~ s~on~d. ~ ~11 Call Vo~ ~n ~e, ~pktns
abs~l~, S~s ~e, Alfoed ~e, Rtddlesperger ~e, Ch~ ~e, S~rt
~e, ~ ve~ ¢aerted unentmusly.
4.
A. C~st~P a~pt~on of an o~tna~e adopttng eegulattons relating to
subdivision and ~velo~nt of land.
~. ~-70
~ O~[~E REP~[N~ ~O ~T[NG ~PENO[X A TO THE C~E
OEVEL~NT ~TXONSl P~VIDXNG A ~L~ OF A F~NE ~T TO EXCEED
~ND~D ~; PROY~D]~ A ~VE~[L[~ C~USE; REP~[NG ~L
OROZ~ ZN ~LZCT HE~]~; ~00EC~R~NG ~ EFFECT]VE OATE.
Hartung st~l~d that thts wal l~e draft subdivision rules and regulations
for final approval.
Sl~ewaPt recognized tho~e ~ho ~ ~rked so hard on ~e~e. Hopkins s~d
~at ~ ~ tn c~le~ agent wt~ ~e changes ~at had been
~ also s~d ~at S~ve Fanntng ~11y desexes a sp~lal thanks.
Hopktns ~1o~, ~ ~. On ~11 call vo~ ~r~n ~e, Ho~tns
~e, S~nl ~e, Alfo~ ~e, Rt~s~rge~ ~e, Ch~ ~e, steer ~e,
e ~t~on ~ carrted u~nl~u,~y.
Ct~ Coun¢J1 Iqeettng Iq~nu~es
Page Ftve
B. Constder_a.dqptlon of an ordinance emenament t~ Chaptlr 2~ of
C~e of U~alnl~es providing nw ~r Ifld I~r ~pp~q fees fop
~P lad S~IP se~tce.
NO. ~-71
~ O~]N~CE ~E~ZNG C~TER 25 ~ ~E CODE ~ ORD]~ ~ T~ CZ~ OF
DENT~, ~, PROV[DZNG N~ ~TER ~D SE~ER T~P[NG FEES FOR ~ATER
S~ER SERY[CE; REPE~[NG ALL O~ES ~N COLLECT T~Z~; ~OV[D[NG
A SEVE~BZLZTY CLOSE; ~D DECkiNG ~ ~FECTZVE DATE.
D~vld H~ sp~e for ~e s~ff. H~ s~d ~at ~ p~sent o~na~e
costs 11sttng ls 10-~ s~t of ~at ~t ~i ~ be ~n or~r for
C1~ ~ r~ove~ ~ts costs.
Rt~dlesperge~ asked ~ there ~s a dtffe~e ~n t~ ch~ for ~ 1,5"
ptpe vs. ~ 2" p~pe.
H~ ~poP~d that cost w~s ba~d on ~e sJze An4 cost of ~e ~r.
~tns s~d that ptptng ~s cheaper ~an It ts n~, He fuP~
~tt n~ resJdents/butlders w~ld n~r~lly p~ ~ becau~ ~ cost of
~rtals has gone up.
~ s~d that hts people hava do~ ex~nst~ su~eys an~ tt w~s fou~
~t ~ Increase ~e costs at ~s ttm by ~s pe~ ~uld ~ fair
~ a11, and yet ~uld not ~ ~ profit mk~ng venire for ~ C~.
S~rt asked H~ If ~ts ch;nge ~uld ~a ~fl~ consideration
costs ~nc~ases. H~ replfed ~et ~ ~s s~ff's ~K~n~tton ~ pull
~ts etch year and ~ke ~n annual assess~nt.
~ ~tlofle~, ~n s~on~d. ~ Poll call vo~ ~Pton ~, ~pktns
~e, S~phen; ~e, klford ~e, Rtddlespe~r ~e, C~ ~e,
~e, The morton ca~te= unant~usly,
5, ~luttons:
A, Constder a~ptton of a resolution tn sup~rt of ~e ~p~tfl~fl~ of
dudge ~. C, Bwd ~ ~e Fo~ ~ Court of ~peall,
R.ESOLUT ~ ON
NHER~, ~e Tex~s ~gtsla~re tn 1ts r~ent session c~ a n~
~sltlon on ~e For~ ~oP~ Court of ~ls, ~e d~stPtct fop whlch
nclu~s ~n~n Count; and
~H~, Judge ~. C. ~yd of ~ 16~ Ju;~clal D~str~ct Court, ~n~n
Coufl~, has mdc appltcatfon ~ be ap~tn~d by ~e ~ve~r
poltt~on; and
MHE~, ~n~n CounW, w~ approxtmtely ~lve ~ent of the
~pulatlon of ~e dts~ct tn which ~e Fort ~r~ ~rt of ~als
~s not cu~ntly ~Pesen~d on ~t Cou~ and h~s not b~n
~n rare ~an ~fl~ years, whtle T~rrant ~un~, wtth s~x~-s~x
of t~ d~s~tct's population, cu~tly hu etgh~-~r~ pe~eflt of the
C~rt's ~ersh~p; and
~HERE~, dudge ~. C. Boyd ts ~ JMge of su~rtor cap~btl~t~es, a legal
scholar of ~at expePte~e and lea~ng, ~nd ~s ve~ ~11-q~l~f~ed
be appotn~d to ~s position; and
~HERE~, Oudge ~. C. B~d ts ~11-versed ~n bo~ clvll
1~, ~vtng ~d ~ur~sdtct~on over ~ l~ls In h~s et~fl
ntne ~n~s on ~e dtst~tct bench; and
NHER~, ~udge ~. C. ~Wd enJWs an excellent Pepu~tton ~n ~e legal
p~fesl~on tn ~e Dallls Fort ~o~h ~troplex;
Ctt~y Couflctl I~let~n; N~flutes 299
~luly 5, 1983
Pa~e Slx
NOM, THEREFORE, BE IT RESOCVED aY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, T~T:
SECT]ON ].
The Cl~y Council of UTe C~of D~nton urges Governor Na~ ~ht~
ap~nt ~e ~r~le ~. C.~d, ~udge of~e 16~ ~ud~c~l O~s~ct
C~et of ~n~n Count, Texas, ~ ~e pre~nt vacancy on ~e Fort
Court of ~ls.
SECTION Z~.
That ~ c~y of thts Resolution be lo.aided ~o ~e Honoeable
~htte, ~veP~P of ~e S~ of Texas tn behalf of dudp M. C.
~yd.
P~O ~0 ~PROVEO ~t1 ~e 5~ d~ of July, 1983.
CITY OF DENTON, TEX~
A~EST:
C~'TY OF DENTON, ~
~PROVED ~ ~ LE~
C. ~. TAYL~, dR., CZTY A~EY
C[~ OF D~TOM. ~
BY:
Rtddlesperller, eta:ed :hat thte resolutfon does not tnclu~e all of
the accompltlnaenti and/or contributions made by dudge ~d.
~on s~d ~at ~n~n ~un~ ~s ~e ~ofld btggest c~n~ ~fl
~rton ~ttofl~, S~ens sKo~ed. ~ roll call vo~ ~r~n
Hopk~fll ~e, S~ns ~e, Alfoed ~e, R~ddlespePger ~e, Ch~
~e, S~ ~e, ~ ~:~on carried unant~usly.
5. Const~r tnstt~t~on of annexation p~ceedtngs, on a 491.13
ac~ teac: of land l~a~ on ~ sou~ st~ or ~tm Chrts~l
~ad. (Z-1678) (The Planning and ~ntng Co~sston
~c~nes approval. )
C~rlle Ma~ns s~e for ~ s~ff, Na~lns s~ted that ~e
and ~ s~ff are tK~ndtng ~at ~e Ct~ back-off
Htckory C~,
Hopktnl s~d hts ageee~nt ~t~ ~a~tns and ~e P&Z C~tss~on.
~ satd ~at ~ felt Htck',o~ C~k was a logtcal bounds,
Rtddles~r~r IskH ~f ~i ~l~ue Is Pevolved a~n~ ~a nHd fop
~e it~. ~ asked If ~e At.Pt ~ard had been ~lked wl~,
and t f ~ appeoved.
Ct~y Counctl Heettng I~lnutas
~ul~ 5, 1983
Page Seven
I~at~ns stated ~&t he his discussed thts wtth the A~rport Board. He
stated t~at he h~s also ~tt~n for legislation and
pert~nen~ da~ regaling no~ con~ol.
C~ s~d ~at he dtd no~ ~nt ~ have ~e ~n~n ~ ln~
a~er "Love Pteld".
TM ~o~ a~ed ~at the Al~or~ ~ard lo~ tn~ ~s befo~ final
~n~t~on and app~val ~; ~de.
R~ddlesperger ~ttoned, Hopkins ;~on~d, ~ vo~ c~rr~ed unanl~;l~.
7.Const~ eu~or~t~on of ~n tnc~ea;e ~n ~e upper 11m~t fo~ Pu~hase
~ ~ 5~497 (~ke Lewtsvtlle) aM Pa~;hase ~der
R~rts) to Black and Vea~h for angtn~ng se~lces ~ Federal
Ene~ ~gule~ C~tsston (FE~) for ~d~l~lc fec~l~tfes.
Har~ung s~d ~at the Public Ut~11~ ~rd and
approwl.
Stephens esked ~f a cost overrun such es ~ts ~s
Hating s~d ~at ~,neve~ the federal ~genc~es ~re tnvolv~ ~t ts no~
unulual.
S~phens asked tf thts cos~ overrun ~s d~ to s~tng
Hating s~d ~t ~t just ~ok longer to ~ ~ough ~e
Ba~n ~ttoned, Al ford s~onded, ~e vo~ ca~ted un~n~musly.
8. Con~lde~ a ~e~c~ton tn ~e~tnage f~m 5S ~ lS fo~ Cu11~
Cons~c~ton Cmpa~ on ~e con~ac~ fo~ ~e Htcko~ C~k tn~ep~or
~n ~to~d, ~pktns seconded~ ~ vo~ ca~
g. ~n~lde~ app~va~ of f~nal p~nt ~o F~se ~nd N~c~ls, Z~. on
S~phens ~toned, Ch~ s~onded, ~e vo~ wis carried unan~musly.
10. Const~ app~owl of ~ ~d~tlan ~n ~nage f~ ~ ~o 1~ for
aag~ P~llc fo~ ~e c~ple~d potion of ~tndso~ D~.
Hopktn~ ~loned, Chew seconded, ~e vo~e ca~t~ unant~sly.
11. Offlct&l Action on Executive Sessfon ttems:
The~e was no official actton taken on executive sesston ftem~.
~1~ 5, 1~
Pe~o
12. ~
The following ne~ business ~s ~ues~d for ~ next ~ting:
1. Resolutt~ for cle~n ~r f~ L~ke L~tsvtlle
cou~t1
Tht publlc ~ttng was enid at 8:~ ~.
The ~1 ~ve~d into ~uttve ~sston
real es~. ~P~nnel tsars, ~d ~ ap~tn~nts.
~e C~tl ~ned ~e p~11c mettng at 9:35 P.~.
1. C~1~ ,n o~tne~e ~cepttng the dedication
T~tpp tn ~e B.B.B. & C.R.R. ~ ~ ~s~act.
~ MDI~E ~CE~I~G ~E O~I~TION BY DEED
DAVZD E. TRZPP, ~TEE$ FOR T~ B~ [. TRZPP ~USTEE NO. ~, OF C[RTAZN
R~L P~ S~A~D [~ ~ B.B.B. & C.R.R. C~P~Y SURVEY, MS~T
NO. 1~, DE~ ~UN~, TE~, ~ ~CO~ED ;H VOL~ g~, P~ 376 OF
THE DEED ~S ~ D~T~ ~TY TO THE CZTY OF
~ ~ZD ~Y ~ A P~[C S~ET ~D DEC~RZ~G ~ ~FECTZVE DA~.
Hopkln~ m~o~, Alfo~ ;~. On ~11 call vo~, ~n ~e,
Ho~lns ~e, ~enl ~e, Alfo~ ~e, RJ~lespe~er ~e, Ch~ ~e,
S~t ~. ~ vo~ c~ unen~u:sly.
Z. T~ Ct~ ~n~ ~ ~n~atlon
ep~t~ to ~e Ctvtl ~rvtce
Rtddles~ ~tlon~. ~n s~on~. On ~oll call vo~,
aye,
S~a~ ~e. T~ vo~ ca~ted unsnt~usly.
3. ~ns m~to~d ~at ~ack ~r~n be appotn~d ~ ~e ~n~n
~oun~ ~us~ng Ftnence ~.
Hopkins ~es S~ns ~e, Alfo~ ~e, Rtdales~e~ ~e, Ch~ ~e,
S~rt ~e. ~e vo~ ca~ ~an~sly.
The meeting ~as ena~d.
Htnutes Approwd:~
1140~
302
ClT~ COUNCIL MINUTES
July 13, 1983
The Council convened into the Special Called Joint maetin$ with the
Denton County Commissioners Court at 12:00 noon in the Civil Degense
~oom oi the Municipal Building.
PRESENT: Mayor Stewart, Mayor Pro Tam Riddlaspergar; Council
Members Barton, Chew, and Eopkins
Judge Buddy Cole, Com~lssioners Walker, Betsy and
Assistant City Managers, City A~torney, City
Secretary; County Audigor Hill
ABSENT: Council Members Algord and Stephens; Commissioner
Jacobs
1. The Council and Commissioners held a discussion o£
City/County Jointly funded programs.
Judge Cole reported that Flow Hospital would need $1.057~000 during
the next budget year and that the indigent care contributton to Flow
did not approach this figure. Cole also reported that he and
Auditor Don Hill had met with Flow Hospital Administrator Jef£rey
Hausler and members of the hospital Accountin~ staff. The
million was not indilent care but a combination o£ items. The
budget request break,-~own for capital needs included $1,270,620 for
capital equipment,_ such as new ~uipma~ for the Radiology
Department, a~d $154,000 for non madicaA expenses, SUCh aa
maintenance. Judas Cole then asked the Council wha~ they would want
to do. Cole also s2a~ed 2hat the Council miih2 feel that the County
was hoc doing what ~hey should in respect to~ndigent care.
Auditor Hill s~ated that the Flow budget for ~his year included
$1,400,00 in capital needs and expenditures. In the past, Flow had
approached the County with their request which was based on actual
capital needs. Indigent care was always in the operating budaet.
T~e indigent care coat figure was an estimate of care coats mtnus
~atien~ revenues; all capital items were listed separately. Th~
ounty had g.one over t.he capital needs last year and reduced the
figure from $35~,00 to $300,000. The $1.4 million figure this year
was the result of a Build-up of needs over the previous years. Hill
stated that t~e new administrator at Flow ~ospi~al would try
implement a plan of action for long range plannins.
Auditor Hill also stated that he believed the concern of the City
was whether the County was takin~ care of their indigent care
responsibility. Hill reported that he had not Been able to
de=ermine how the funds Budaeted to Flow were bainS spent as all
i~ems were under the capital needs accounting category. Hill stated
the= the County had Been meeting the indigent care responsibility
after the Hill-Burton criteria was applied, But that neither the
City nor the County was meeting their resp.onsibllties ~or the
hospital's capital needs. Hill s=a~ed that the County would take
to handle the issue of capital needs. The radiology equipmen~
at Flow will need ~o be replaced as it is all 20 years old. In
future financial planning, a resularly scheduled ~Rasing in of new
equipment should be considered so that ~he coat would be diffused
over several years.
Council Member Barton responded that he Believed Auditor Hill
been improper planning by the Flow Board of Directors and that ~he
problem was with the capital needs and not indigen~ care. Barton
also stated that there was a need to go forward and put money into
Flow. O~e me~hod wouldbe to form a hospital distric~ and hold a
Bond election.
303
City of Denton City Council M~nutes
~eting of July 13, 1983
Page ~
Council ~sber ~iddlesper~ar stated that Ch~ bond issue would have
to m~ke reference ~o t~ ~ct ~t a doctor's bu~ld~ ~uld need to
but a ~ap~t~l ~is~rtct ~. S~ type ~f raaulay f~in$
be ast~b~a~d so t~t Flow would not ~ to ~e~ ~y zro~
C~y a~ t~ ~unty each y~ar. ~. C~ty m~Sht ~ t~
dedica~ ~o t~ ~spi~al got ~ inter~ per~od until t~ hoap~ca~
dia~ric~ ~ld ~ ae~abl~ahad. ~i. kind o~ ~s~i~u~on would be
Esr uae ~or all o~ ~ C~y and should be supported by a resular
~ ~or ica ~ed,.
Council ~ ~v ~d boy much.
~ditor ~S$~ responded .027~.
hospital on a hush.ss ~1 and ~ a~ t~ayers Ln ~ Count7
Counci~ ~er RlddSeeparaer aCaCed C~ t~ ~Cy ~ho~d ~k a~ the
total no.da o~ ~ ~ip~Cal ~or one year, such aa ~no neons ann new
equ~p~, and pu~ ~h~s ~ on · ~ ~[1. ~ ~urCher s~a~ed
C~C ~ ~s a ~apital C~. R~dd~esper~er a~so aCaCed C~t
be~ee~d c~ C~Cy and Co~Cy should ~ve ~n chis d~recC~on ~d then
vote ou a ~sp~Cal d~aCr~cC. ·
Co~aa~o~r Val~r aa~d ~f cbs ~ C~ was on ~unCy C~, C~Cy tax,
or both.
~uncil ~r R/ddlaaparser responded both.
C~n t~ oC~r ciCies in Che Co~ty.
Council ~er Riddllaper~er responded that ~nton C~aylrs pay
City o~ ~ntoG ~uld ~ Co ~creas~ t~ea 3~ to raise t~ acme
~ounC ~s t~ Co~ty would ~f ~ty t~e~ were increased 1~.
~islloner Walker stated t~t ~ ochers c~ties in ~ Co~=y were
not paters ~ t~ hospital 1~ =he City of Denton was and
~ ~ty s~uld pay a fair
Council ~r ~iddlesperler stated ~= he would be ~ppy ~o =urn
this o~r ~oa ~ep~al d~tr~cc.
~iillo~r Swttzer sta~ ~ a hospital d~strict was proposed
~unctl ~r Barton re.fred =~t =~re was a partnership and both
pattie1 ihould address t~ issue of capital needs.
~yor Stewart BOated c~c ~n c~ paac 5 years the City ~d agreed to
do cerCa~ ~. ~ d~d no~ believe C~C lndiEen~ care had been
covered a~ C~C all per~on~ in C~ County are partner~. S~ewarc
c~n &a~d why ~nCon e~uld pay ~re. A co~l~ee was fo~d
aeparaCe ~enC care f=~ ba~ debC~ .an~ C~ indi8enc care bill was
· en~ Co C~ ~Cy Stuart a~ao acacea Chat he was no~ w~llinE
c =cou twice Nhil Eapt of uncy only once and
a ~apttal a~str~cc woula ~ccompz~ah ~h~a eno. S~ewarC also
stated C~t ~[ an aSreeable arranSe~nC could not be world ouC, he
wa~ wtll~ to 8e~ ouC of t~ hospital
304
City of Den=on City Council Minutes
Meeting of July 13, 1983
Page Three
Council Nember Chew stated ChaC th~ issue of a hospital district
would have to be taken Co the voters and that the purpose o~ this
meetin~ was capital needs. Chew stated Chat Flow is a City/County
hospital and ha felt thaC if all parties paid a fair share the
imm~diate situation could be resolved.
Mayor Stewart responded that the hospital was necessary and needed;.
the issue was the fair share payment.
Council Member Chew responded that the City and County could arrange
anoth~.r meeting po discuss the fair share payment and hospSta~
district ac a later dace; the concern now was the cap~tal
expenditures.
Council Member Hopkins stated thaC the $1.4 million dollar request
would take an in-depth study. There were some items in the amount
that might not be necessary. Hopkins suggested that an independent
person or firm should look at the budget request and de=ermine the
immediate needs.
Council Member Rlddlesperger asked whaC portion of payment by the
City of Denton would be fair. The City would pay one-fourth anyway;
how much more would be required.
Commissioner Betsy stated chat both entities must look at the Broad
~ectrum. Tax was one issue but another consideration was usaKe.
· County would attempt to fund the indigent care and then the City
could share ~iCh an equitable -~unt to finance capital needs.
Betsy also stated that both parties would n~ed to accept a
responsibility to Flow Hospital. The hospital district was a fine
idea But he did not feel that it would pass, The City and. County
needed Co decide how to finance these needs. Bacey stated that the
County would have to participate at a higher level and he hoped that
the City would also.
Commissioner Switzer stated that he was a resident of Denton when
Flow came into existence and aC Chat time, the City of Denton was
the County. '"
Commissioner Walker sca=ed chat =ha citisens in the southern portion
of the County did not use Flow Hospital and chat a hospital district
election would not pass in this part of the County.
Auditor Hill stated thac studies on indigent care have shown chat
most of Chess patients from cities other then Denton in the County
are going co Parkland and nsc Flow.
Mayor Stewart responded Chat the County was responsible for indigent
care.
Judge Cole stated that the day would come with the County would have
to pay for the indigent care of Denton County patients who used
hospit~ls other than Flow. T~ County was wor~i~ with Flow on
screenxng actual indigent care expenses from Dad debts. Cole
fur=her stated thac the City and County were in agreement that an
answer to the capital needs issue was needed now. The hospital
a~ministracion willing Co set priorities and check into lon~
term financing foa~future equipment.
Council Member Hopkins stated that there was a need Co prioritize
capital needs and felt Chat the Flow Hospital Board of Dire=Cora,
the City Council, and County Commissioners should meet in an effort
to set these priorities.
Judge Cole stated that at the present time, Flow Hospital is a
public hospital and if it were sold, the County would have co pay
the indigent care for County residents at all hospitals in the
County.
City of Denton City Council Minutes
Meal:ins of July 13, 1983
P&Se Four
Council Member l~iddlesperser st&ted th~C a certain ~moun= of County
tax could be dastSnated for the hospital. ~f the City of ~n~on
reaiden~a pay County ~es and are t~ asain for the hospital
through C~ty t~ea, they ~uld ~ pay~g ~wice.
Co~iss~r Walker relpo~ed =~= ~he City of ~n=on was a legal
partner w~=h C~ ~un=y in Flow ~spt=al and =he o2~r cities tn =he
County were no~.
Council Me.er Hopkins sCa~ed =ha= a co~i~=ee should be ~o~ed
consis=inS of 1 or 2 ~mbers of the ~issioner~ ~ur= and the
Council. ~is oo~ittee should ~e2 wt~h t~
a~is=ra~ion ~nd de=e~ine w~ needed ~o be done Co f~n~ce the
present req~e~ for cap,Ca1 needs.
Cicy M~Ser ~r=~ stated 2~C indisent care was a la,al issue and
~ha~ ~i~als were notorious fo= beinS s~k ~les for capital needs
money, ~rt~ s~ated =ha~ i~ needed =o be de=e~ined what business
Fi~ he,pi=al was ~ and =~ C~e of facility =he ~epi=al s~uld
be. ~re se~ral levels of medical care sea,cas which could
be ~rov~ded ~uch as civic, doc~ors buildin~, or hospt=al. ~rcunS
~ also s~i~ed ~ a financ~l plan was necessa~.
on a bus.es8 baals.
Council M~mbe= Hopk~s ~Sreed ~= · decision needed =o be ~de
w~C type of f~c~lt=7 FI~ would be.
~di=or Hill s~a=ed =~= a= =he present ~e~ no 1onS ranse plan for
=h~ hospi=,l was ~v~il~bl~ for review.
Co~cil ~er Hopk~s s=~=ed t~c he wan=ed =o know from =he
hospital ~= needs wer~ ,bsolu~ely necessary.
~yor S~ew, r= responded ~= ~ Flow Hospital Board of D~recCors
s~uld be =~ en~i=y d~=~ln~ this and makinS =he reco~ndacions.
Council Member ~ew st&ted =~= =he Board should be in~=~cCed
develop ~ philoeo~hy for the ~spi=al and make a de=e~ina~ion
w~= ki~ of fa=ili=y FI~ ~uld be. All of ~his in~o~=ion
should be sa=hered ~nd =~n So from
Judse ~le s=~=ed =haC ~ needed =o diS in and see where =he money
aC Flow was Soing.
Council M~ber ~w re~=era=ed =ha= =he City Council, =he Coun=~
~issioners, and =he Flow ~spiCal Board of Directors needed
Judse Cole responded ~2 ~ County was try~n8 2o ~ bud~e~
d~te~ions and needed =o ~ow tf the Ci=y would ~uppor= their
decisions rogardi~ FI~ ~pital.
C~y ~a~Ser ~r~s sta~ed 2~c Flo~ needed ~o be ~n as a
even ~h ~ ~as a non-prof~ orsan~zat~on.
Council ~er Hopkins stated =~ ~ si=ua~ion with =he hospital
had deteriorated and musC be corrected.
Judge Cole stated ~= ~ City and County mish= ~ve 2o look
Set=ins ou~ of ~he hospital bu~iness.
knew of no public hospi=aI 2~= was ~kin8 a profit
-
306
City of Denton City Council Minutes
Meeting of July 13, 1985
Page Five
Commissioner Walker stated that sh~ felt it was fair for the County
to pay all indisent care but over and above these costs, the
~mainin8 amount should be split 50/50 between the City and County.
Commissioner Switzar stated that when the hospital o~me into
existence, it was a City/County facility. The County h~d taken over
the bulk of the responsibility and could no lonser do this.
Auditor Hill stated that whet he believed Mayor Stewart was wantin8
was a closer inspection of the ind/~ent costs to that
Council Member Riddlesperser asked if the same formula for fair
share payment misht be appIied to the City/County Library.
Council Member Hopkins su$sested that Judge Cole, Auditor Hill, and
City H&na~er Hertun8 meet with the new hospital administrator and
relay to him the wishes of the Council and Commissioners for a study
of immediate capital needs and the importance of Ions tense plannin~
for Flow's future. The Council and Commissioners could make a
decision on how to proceed with Flow after this information was
available.
Judge Cole asked the City Attorney about the legality of either the
City or the County callins an election to ask the voters about the
disposition of Flow.
City Attorney Taylor responded that this would be an advisory
election and wouldnot be 1-esally binding.
Council Member Barton asked if there had been a problem in the past:
stemmin$ from a lack of information from the Flow Hospital Board of
Directors.
Judse Cole responded yes, but he should have looked into the matter
h~mself.
Commissioner Walker asked if the Council and Commissioners were in
a~raement that they ware partners in Flow.
The consensus of the Council was that there was a partnership but
the issue of fair share pa)~nent was not resolved.
The Council then adjourned into the Executive 8ession to discuss
leeal ~tters, real estate, and personnel. No official action was
taken.
0941C
307
CITY COUNCIL NINUTES
July 19, 1983
The Counnil ut on Tuesday, July 19 at 1:00 p.m. at ~he C~vic
fo~ a tour of vl~ioue City fl~l~tiss. ~a fac~l~Cies ~nclud~d the
new ~as~a~er Treat~nt Pl~nt~ the new Police
auilding, the lenior ~nt~r, ~d sacral of th~ City perks.
~ Co~E1 ~han ~onv~n~d in:o c~ work s~ss~on at 5:30 p.~.
~r~ ~zorm, Bar~on, and ~pk~ns.
Cl~y ~n~s~r~ City AC~orney~ ~nd C~fiy
~S~: ~unc~l N~.~. ~w ~d Step.ns
1. ~ C~nc~l herd a discuss~on o[ C~ lishc~n8 for ~he
~sisC~ C~Cy ~na$mr ~an_rmp~C~ ~ a_p~o~olalaaa olin for..a_n~
=he Co~ctl ~ C~ agenda ~=er~l. S~ =hen as~d if =~ ~unctl
~mber. were .a=lsfi.~ wi=h =~ l~h=lnS as i~ was now.
~unc~l Me. em ware ~n a~re~n~ C~ the l~ghC~nS was
· nd =h~t ~o=~r ~pendi=ura was no= needed.
2. ~ Council received a report on =~ surly of out-of-City
Libra~
~sis~= Ct=y ~Ser Mc~an distributed a repor~ ~o ~he ~uncil of
=he su~y f~d~s. S~ reported c~ ~he public fel~ the Libra~
was a County as well as City facility and s~nce the pa=roue paid
County 2~.s =o support =~ Ltbra~, =hey should ncc be required
will need to develop lou~ ra~e plannint for =~ opera=ion of the
Llbra~ ,in C~. fu=ure. ~an reported t~C feed-back from the
~u~ey s~ed t~= ~st our-of-City patrons did not u~ers=and
i~ wa~ th~ Co~y wt~raw~ t~ funda, bu~ thou~h~ It wa~ the City,
~uncil ~er Riddlesperler as~d if l~C=~rs, could ~e ~n=
pa~ron~ e~lainin~ C~= ~e City wa~ non w~=hdraw~ zunas.
~sts~ant City ~naier Mc~an ~ea~onded ~=_~ professional person
~d bleu a~ the c~rcula~ton aesK l= t~ ~ora~ =o answer any
~un~y representative to ~. L~bra~ Bo~ra~ ~ a presentation co
the ~un=y ~issioners on =~ results o~ the su~ey.
Council ~r S~ep~ns Joined t~ ~etins.
City Ma~er ~rtu~ s=a=ed =~2 ~ budset which will be submitted
to Cbs Council will e~w reduced ~urs for the Llbra~.
~uncil ~er ~ew Joined the ~e=in~.
Councll Me.er Riddle~per~er stated ~he =he County
~eded =o know ~ ii ~unty funds were withdra~ from =he Library,
a c~r~e woul~ ~v~ _t? t~C collected from ou=-of-Ct~y patrons.
~ddleaper~er a~so ~acem Ms. Nichols should repor~ this to the
Co~lmmio~rm ·
~ Council mdJou~ad ~o ~ecutive Semmion ~o d~acumm legal
~t=ers, real es~a=e, personnel, and board &ppotnC~nCs No official
ac=ion was
30~ity of Denton City Council Minutes
Meetin$ of July 19, 1983
Page Two
Thm Council convened into a work session et 6:00 p.,,. in the Council
Chambers to rmcei~ a report on the ~k~ ~y ~bmr~s recreation plan,
City Nana~e~ ~rCu~ ~nCroduced Hr, ~ogmr ~llCon of t~ ~rps
Mr. ~lton reported ~t the ~y ~rta ~ac~l~ty ~uld be ~0~000
acres ~n size and ~ould ~crease ~isv~lle ~ 2o 10,~0 acres as
~ell. ~ ~ pool surface a~ ~is~ll. ~ ~s raLsed,
recreaC~o~l fac~l~C~ae w~ll ~ve Co ~ relocated and ~ou new
w~ll be bu~l~.
~re v~ll be 6 or 7 racreatio~l areas a~ ~ ~y ~berta. ~ the
areas are developed, t~ philosophy sill be ~o build
~hich ~11 be cost effect~ to ma~e. ~o large "active"
~ill provide a ~11 range cE ~rscrea~o~al iac~l~ties includin~
'passive" areas ~ve been deaiS~ed ~or ~uture de~lop~nt.
areas will in~C~lly ~ boat r~s ~ hl~ing trails.
~creational opportunities at t~ passive areas will be e~anded
t~ future.
~r. ~ilton also ~tated that alter t~ contract ~t~eu ~nton and
~11aa was fi~lized, the Texan Parka ~d Wildlife ~pa~nt
interested.and ~d a~reed to take o~r one of t~ a~ll
par~a, under this a~re~nt, the Parka and Wildlife ~part~nt will
be acquiri~ ~ ezi~:iq /i~h breed~ f~cilitie~ to order to insure
a c~atant high level o[ 8~ fish in the rose--ir.
~ question was as~d when would all of the parka at the la~ be
c~pleted.
~r. ~ilton respo~ed t~t t~ 2 large active park~ were sc~duled
for completion in 1986. ~ passi~ parks would be c~pleted
fundi~ allowed.
~other questions wa~ as~d conce~i~ the availability of lake
property for c~ercial maria sites.
Mr., ~ilton replied t~t ~his would Be a ve~ s~ll~ la~ and
would require quite a bit of dred~i~ to acc~date a
~ever =he state would entertain inquires from private ente~riae
to undertake this type of project.
~ Council then convened into the Regular Meeti~ at 7:00 p.m.
t~ ~uncil ~a~era.
~S~T: Mayor Stewart, ~yor Pro Tea ~i~dlesperger; Council
He=bers Alford, Barqon, Hopkins ann
City ~nager, City Aq~o~ey, and City SacreCa~.
~S~: ~uncil He,er ~w
1. ~ Council considered approval o[ ~he Minutes oi
~sular ~e~in~ o[ July 5, 1983.
Riddleaperger ~cion, Al~ord second Co approve 2he HinuCea
presented. Ho~ion carried unan~oualy.
C~ncil ~mbar ~ew Joined the
~ Nayor presented a Procl~Cion Co S~. ~illl~s ct ~ Amy
~crul~inE Co~nders Office in ~n~on declare8 ~ha month
~Sua~, 1983 aa U. S. A~y Awareness Hon~h.
2. Consent ~enda
~pkine ~tion, Bar,on second ~o approve ~he ~nsen~ ~enda.
carried u~n~ua ly.
City oi Denton City Council Hinutes
Meeting o[ July 19, 1983
Page Three
Consent A~euda:
A. Bids:
1. Bid # 9162 - Jason Lane paving (participa-
tion)
2. Bid ~ 9163 Lease o£ Passenger Car
3. Bid # 9165 Utility Transformers
4. Bid ~ 9167 Park Pence
B. Plats and
1. Approval of the final replat of lots 7, 8 and all
el lot 9, block B, Pirst Installment o[ the
Nontec~to Estates Addition. (The P~anning and
Zoning Com~ission recommends approval.)
2. Approval of the iinal plat o£ the Paisley Place
Subdivision. (The Planning and Zoning Commission
reco~unends approval.)
3. Approval of the £inal replato[ lot 10, block D,
Sunrise Addition. (The Planning and Zoning
Commission reco~-~-nds approval.)
i~proval o£ (theThe [ina[ replat of The ¥illage -
Phase IV. Planning and Zoning Commission
recommends approval.)
C. Contracts
1. _A~proval of a contract with William H. Hatter,
Ibc., to develop a bene£its slide presentation
~or the City o£ Denton.
Public Hearings
A. The Council considered the petition o[ Wayne O. Allen
requestin~ a change in zoning [rom sgricultural (A) to the
commercial (C) classi~ication ca a £ive (~) acre tract located along
nhe east side o~ the ~lasch Branch Road and beginning approximately
1/$ mile south o~ ~he intersec~ion o~ Masch Branch Road and Highway
$80 Wes~ (Universicy Drive). (Z-l~87
The Mayor opened the Public Hearing.
Ho one spoke in ~avor o£ the petition.
No one spoke in opposition to the petition.
The Mayor closed the Public Rearing.
David Ellisom of the Planning and Community Development
reported that when the area lmd been annexed, ~ business was ~n
place on the property. The petitioner wanted to . ~nsure
continuation o[ ~he business and to have the proper zoning in place
in ~he event o~ ~utura business ventures. The Planning and Zoning
Commission was cautious o£ blanket commercial zoning due ~o the £ac~
that residences were also in the area.
1. Th~ Council considered adoption of an o~d~na~?
changing the zonin~ Erom agricultural (A) to the commercxaA
classi~ication on a live (~) acre tract located alert2 the east side
o~ Heath Branch Road and beginnin~.approx~mately 1/~ mile south
the intersection o~ Hasch Branch l~oa~ and Highway 380 West
(University Drive.)
ol~lty of Denton City Council Minutes
N~ettnl~ of July 19, 1983
PaSs Four
~ ~o11~n~ ordinance ~as pre~n~ed:
83-73
~ O~I~CE ~D~G ~ ZO~ ~ OF ~ CI~ OF D~N,
T~, ~ S~ W~ ~ ~ ~ ~P~ TO ~ CODE OF
D~ON ~ ~; ~ MO~ P~TI~Y
~EIN; ~D DECKING ~ ~FE2TI~ DA~.
~furd ~=ion, ~ew second =o adop= =he ordi~uce. ~ roll call
~t~..Sar:on "aye", ~k~s *J~ye', S=ep~n~ "a e"
ye
~ford
aye", Riddleaper~er "aye", and ~yor
~C~on ca~ed
~ously.
B. ~ Council considered C~ pet~t~n of ~lllip 0.
Vtck, Dan ~1 and S=ep~n E. ~ese reques~in~ a c~n~e in
from mul=i- f~ily (MF-1) =o ~ planed d~lop~n= (PD)
classificaCion for office use a= 610 ~es= Hic~. ~ property
loca=ed a~ =~ nor=~as= co.er of ~es= Hic~ and ~ncon S=ree2.
~ Mayor opened the Public ~ar~n~.
Mr. ~ Juren, architecc, spoke In favor of ~ peri=ion
~= he was a m~ber of ~ Planni~ and Zonin~ Co~lssion bu=
excused h~self fr~ ~h9 voC~n8 proceedin~s which 2h~s petition was
~fore the P~Z. Hr. Juren sis=ed C~ ~ha proposed c~e in zonin~
=o a Planned ~velop~n~ would afford =he City ~re control in the
de~lopmen2.
Mayor Scewar= as~d the Ci=y AC=or~y if Mr, Juren~s position on
Plannin8 and Zonin8 C~tsston represen=ed a conflic= of
City Attorney Taylor respo~ed C~ he wised =o speak to
~uncil in ~ecutive Session.
~ Council adJou~ed in=o ~ecu=ive Session =o discuss Legal
~tters.
~en =he Council convened inco open session, ~yor S2ewar=
=~C =~ Ct=y Attorney had ruled ~= Mr. Juren was an officer of
=~ City and 12 was a viola~ion o~ ~ co~lict of
pro~sio~ of ~ ClOy C~rCer [or Mr. Juren ~o pre~en~ ~he case
before the Council.
Mr, Dan Tr~ell spoke in favor of =~ pe=ition s2a~in~ =ha=
chan~e ~n zon~ni was be~8 sou~h= so that profess~nal office
buildl~ could be construc=ed. ~e Planne~ ~lop~n=
would live the City S~aff ~re control over ~he d~elop~nC.
peti=ioners ~d been approac~d by developers w~ wan=ed =o buildt~
apar=mencs on =he property. If ~ z~nin8 was hOC. approved,
peri=loners would sell =~ property =o 2~ apart~nt de. loper.
Tr~ell also s=a~ed ChaC =~ petitioners would ~rk with
Historic ~n~rk Co~iss~on =o ~in=ain =he inCe~r~=y of
ne~hborhood. Mr. Tr~ll s=aCed t~= he fel~ ~
office bulldi~ would be the h~s= and be~2 use of ~ proper=y,
~uncil Me.er ~pkins a~ked if =~re were ~ny specific 9lane dra~
for ~ buildins.
Hr. ~ell replied no; =he pa=i=toners were wai=i~ for direc=ion
from =~ Hiscoric ~rk ~ise~on before f~al pline were
co.pie=ed.
~ one apo~ in opposition.
~e Mayor closed =he ~blic ~arin~.
Meeting of July 19, 1983
Pass Ftys
David Ellison of the Plannin~ and C~iCy ~velop~nt staff
~ 19 r~ly fo~s ~ ~en ~iled Co proper:y o~ers wi=hin 200
feat. Four wore fecund in favor and zero reCu~ed ~ 9pposiCion.
If ~ s~i~ c~nge via appro~d, a ~in~ t800 aq~re tooc offLce
buildi~ could be toast.steal a: this site. ~ aq~te ~oo:a&e was
calculai~ by ~ area w~eh ~uld ~ve ~o be desi&~ted aa parkin8
lo~ .p~e. ~ Pla~ ~d Zouin8 Co.lesion felt t~ Historic
~n~rk ~fliou should ~ve a ~ice ia the architecture as many
ho~s as historic lan~rka
which ~ been desk. Cad are in ~he
area. ~ia par~icular area ~a avariety of land uses in place,
such as sparrings, senile [~ily houai~ and a leeal non-confo~iu8
use es~ablis~u~ a~ ~ Davis ~rl~7 B~e~. ~ ~n~on
~velop~n~ Gu~e loca~es ~his si~a as between ~ orieinal d~Co~
special pulsar activity cam~er which encour~es o~lica ~aes and
ocher reda~l~n~ ~ would aa~e ~a a ancot ior revi~aliza~ioa
for ~he cora o~ ~ C~y sad a iow in~anaiCy area. Ail screens and
public u~lli~a adeq~e ~md are la place and available. Elliaon
reported ChaC ~ only ~raf~ic problem would be ~ncon SCreen.
Planni~ a~ Zoning C~isaion requested ~haC C~ ~uncil receive a
raco~e~a~lom iron ~ Citizens Traffic 8afe~y. Suppor~ Co.lesion
in respac~ to cloai~ ~u~on SCroe~ ~o ps,end,ax on-a~ree~ parki~
i~ ~ pa~i~ion is appro~d. Weac Hicko~ is des~naCed as a
seconda~ ~Jor ~rial and wpDld }~ adeq~ for_~ ~o~n~_of
~raffic which ~uAa ma ~ene~aCea my ~s proposai. 'i-~re wou~a
us sl~aif~oan= difference in the a~unt of =raffic which would be
8enera=ed a= =his particular size if developed aa mul=i-f~ily land
uae =o ira fullea= c~paci=y or =he proposed office use. ~ parking
would be 16 on-siZe In respect ~9 the over-all PD concept,
zonini ordinance and buildinS c~e requirements. One problem exists
in ~e~s of esthetics and se~ral urban desisn which ~d drawn
co~nis irom bo~h SCa[f a~ ~he Vlannins and Zonins Co~ission.
~is problem would be 2~ proapec~ of a concrete or pa~d parkin~
area ~n :~ front yard of the location. I~ ~d always been
reco~aded 2~2 w~n residen~ial uses exist adJacen~ and abu22inE a
proposed h~r in~enaity u~e, such aa of~ce or co~ercial/re~ail,
if possible a nicely landscaped front yard which is residen~ial in
nature be re~ai~d and main~ained. From a praciical point si view,
~o decrease or el~i~te t~ fron~ yard perkins in this particular
~a~ance ~uld ~an decreasi~ ~he size sE ~ over-all buildins
[airly siSnificanily. ~ pe~i~ionars are nsc in fair
el~inat~s the front yard parking and no other feasible solution
exists. Became ~hia si~e la lots:ad in a historically s~ni[ican~
area, t~ a~aff consulted ~he Historic Lan~ark Co~iasiou prior
Cakins ~he peCi~ion to ~ P~. ~ch ~mber si the Historic
~nd~rk ~is~ion iel~ ~his uae would be C~ lesser of the Cwo
evils beiween a profaaaio~l o~[~ce build[hi and an aparCmen~
comply.. ~ ~era iel~ C~ aperients were more si a Chrea~
2~ over all c~r~er of ~ ar~ 2~u ~he proposed oif~ca uae zrom
an aa~2~c a~ archi~eoCural ~dpoint. ~ peci~ioners have
asreed Co cone~cc a buildins which would be residen~ial
c~rac~er in style. ~e Historic Lanark Co~ission fel~ C~ any
2ype st hish inCeusi~y a~roac~n~ in~o ~his area, such as Che
oftice buil~i~, could possibly be a problem because iC would be
se~Ci~ a precedent. ~ P~ a8reed.wi~h ~he sen~ral concept,
also aSreed in ~ ~diaie sense l~ would be ~ar ~orae ~o
c~rac~er of ~he area ~o ~ve some unresiricCed apartments
developed. ~e proposed office buildi~ would sire ~he Cl=y more
control. ~ presen~ policy provi~8 for ~. cas~ by c~se e~alua~ion
st ~u~ure z~ requests and ~ls wou~a sazeg~rc a~axnst any
wholesale encroac~anC si office c~e uses in the area. S~af[
aeraed ~ a possible 9receden~ could be se~ in ~his area ii ~he
zonin~ req~s~ ia approved. S~aEi ia also a~reed ~ a~andard
multi f~ily apar~n~a could ~ a negative ~ac~ aa well.
chis was a ai~le ~i12 area or ii Chars was ~ exia~i~ residence,
i~ ~uld a~pll[y ~ decialo~. ~is ia, by and large, a
reaiden~ial area and any oiEice use, regardless of ~he architectural
c~rac~er, is no~ reai~en~ial in na~ure. ~ a~uld be done
~e~s cf any buildin~ brine placed in this sensitive area wi~h a
31~lty of Denton City Council Minutes
~etin$ of July 19, 1983
P~e Six
very limited amountof control. The ilannin8 and
of the peC~C~n w~Ch 8 specific co~iCiona. ~ condition reiird~ng
C~ Historic ~n~rk ~iaatonwa~ ~anC Co ~
consul,.Cion procedure ~d ,~ ~C would no, ~ f,=l approval of
C~ structure. IC was nec felt t~t this condition wer~ reiulC
~y delays for C~ peCiC~onera, Ellison a~r~zed C~C C~ Staff
felt Chac c~ over-ridins conce~ a~uld be cons~eracion for
wishes of the residence and feed-back from ~o~ area residence
they would prefer Co see well control office de. lo. nC ~s opposed
co addicio~l mulCi-f~ily.
~cil Me.er Riddle~perger asked if there was nec a c~roprac=or*a
office across C~ street crum =~ proposed develop~nC.
Elliaon answered C~C iC was furc~r west alouS Hta~ and on
couch aide of C~ street. ~e office was does look lika a residence
and was a ~n-confo~l~ use.
1. ~ Co~c~l con~idered adoption of an ordi~nce
c~inS Ch~ zoni~ from multi f~ily (~-1) Co C~ pl~ed
de.lop.nC (PD) claaaificaC~on for office uae aC 610 WoaC
~e property ia located aC C~ norc~aaC corner of Weac Hic~ry and
~n=on SCreeC.
The followi~ ordinance was presented:
83-7~
~ O~CE ~ ~ ZONING ~ OF ~ CI~ OF D~TON,
T~ ~ S~E W~ ~PT~ ~ ~ ~P~IX TO ~ CODE OF
~I~C~ OF ~E CZ~ OF D~TON, T~ BY O~I~CE
69-1~ ~ ~ SAID ~ ~PLIES ~ 620 W~T HI~RY
D~ON, D~N ~Y, ~; ~ ~ P~T ZC~Y
DES~IB~ ~IN; ~ DEWING ~ ~FECTI~ ~.
C~w ~tion, Bar=on second =o adopt ~ ordinance.
~e Mayor asked for a rulin~ from t~ Ci=~ Attorney on w~ther
ori~$~l petition before =he Plannins and Zoni~ C~lssion would
not ~ this ille8al due Co C~ conflict of in~arest problem with
M~. Juren.
City A=torney Taylor responded ~= in his Jud~n~,
reco~ndacton from =he Planni~ and Zonl~ Co~lanion was
a
recuperation only and the Council was no= bound by wha~ ~he
does.
~ roll call vote Bar~on "aye". ~pkins "aye", Step.ns
~ord y , EiddlesperSer "aye", Chew "aye"~ and ~yor "nay".
Motion carried 5 Co I with Step.ns and S=ewar~ caa=i~ =he nay
VO~e~.
~ ~yor s~aCed that he ~ted nay aa he believed t~C a la,al
blo~k bus=in~ and felt Char i~ ~uld no= be lon~ before
co~ercial eaCablis~enCs would be on this straeC a~ =~C iC would
be a s~ =o do so.
C. ~ Council consider.d =he peri:ion of Nolan Bro~e
requent~n~ ~ chan&e in zonfn8 from aKrioul=ural (A) =o the l~h~
~ndun~r~aI (LI) clanmification on a 13. 994 acre parcel
south of ~io ~ubber Company. (Z-1589)
~e ~yor opened ~he ~blic
Mr. Nolan ~ro~e, representin~ t~ property o~ern~ npo~ in fair
C:l. ty o~ Denton Ci~:y ¢ounct.1 ~inutes
P~e
north ~d aou~h by li~h~ Ludu~c~, on ~he eas~ by an in~srs~a~e
hishway, ~ ~o 2~ ~s~ on ~he rear by l~d ~C approac~s
proper~y alon~ ~or~ ~ve ~ross from ~e~e~b~l~: .~ ~oper~
will pro~bly ~o ~ua~r~l. ~la la a a~r~p oz Aana wnmcn ~s
agriculZural a~ ~ pet~r was asking ~o ~ C~ pzoper~y
zoned l~h~ indue~r~l.
~o one apo~ in
~e May~r closed ~he ~blic ~arin~.
reported ~ha~ ~hia was an area which consists o[ l~h~ industrial
land uae ~ zoni~ on altar all iron,s. ~ area was also
daa~tad a~ ~derate lm~enaiCy by ~he ~n~on ~velop~n: ~ide.
~ area la in ~he area o~ ~ ai~or~ and ligh~ indua~r~l land uae
appears ~o ~ raaao~ble a~ this aide. ~e Planni~ and Zonin~
Co~iaalou ~d ~an~ualy rac~ndad approval but ~d directed
S~a~ to br~n~ ~ massage to ~ ~uncil ~ha~ ~ ~ ~s near when
~he CiEy could no~ con~ua to approve zoni~ c~n~e
~his area ~laaa specific answers can be found to astral ~razzxc
rela~ad probl~a in 2he area. Specifically, ~ ~Jor conce~s are
the coUrt,on a~ ~n~e~-~ce t~ I 35W se~ce road, which
deter~ra~S d~ to the ~aW user ~rallic 2o ~ indus~rial area,
and how the City pro~oaea to plan for future access ~o ~hia area.
~ Planni~ ~ ZonLn~ ~saion felt ~t a ~eti~ s~uld be
held wi~h ~ City ~uncil for ~ pu~ose of discusain~ solut~ns
~o ~se access problems ~fora addi~ional c~es in zoninS ~
ar~a are approval. ~e P~ rec~ended approval o[ this particular
petition by a 7 to 0 vote.
Council ~er ~pkina stated c~ t~ laa~ t~ C~ Council
appro~d zon~n~ 2n ~his area, ~ ~Ctar o[ tranapor~ation ~as
discussed a~ t~ Co,oil indicated that they would be requ~r~n~ a
corridor tha~ vould sentra C~s area.
Council ~mbmr ~ddlasp!rier as~d ~f t~ pr~osed ordinance
re~ardl~ ~ o~ay 2ra~zic on ~he access road would a~fec~ this
property.
Ellis~ raa~omdad ~ 2his site would no~ ba affected by 2he
ordinance an~ ~ ~he ~Jor p~oblem was ~inten~ce.
Council ~ber S~ep~na as~ if ~ Sta~ ~ c~c~d wi~h
S2ate ~hway ~par~n~ o~ ~w 2h~s a~eas ~e~ce~ accesl roses
would be ~acted by t~ proposed extension oz ~op
Ellison replied ~ t~ atai~ ~d contacted the B~thway
but did not racal~ a degimite answer.
~pktna ~C~n, ~ford iico~ co approve c~ petition. Motion
carried unan~uily.
A. ~ Council considered adoption of an ordinance
sran~l~ conaen= ~o ~ Brick ~o uae car=sin s=ree~s and alleys for
City ~sor hr=u~ reported ~ ~h~f was in extension =o an
ordimnce which wa~ passed 25 years aSo, ~me Brick Company ~s
roques=~ =~ pase~o of ~ new ordinance.
~e foll~tni ordinance was presented:
~ ~C~ ~ ~ A~ BRICK CO~, ITS SUCCESSORS
~D ~SIGNS, ~N~ TO ~ USE OF C~TAIN S~ETS ~D
314Cicy o£ ncon City Council
-~el:in8 of July 19, 1983
Page Eigh~
Eiddlesperger motion, Hopkins second co adopc C~ firaC readi~ o~
C~ ordi~nce. ~ roll call ~Ca ~r~ou "aye". Ropkiua "aye",
~Cap~a ",~ye"., ~lford "aye", Eiddleaperger "a~e",' ~ew "aye". and
~yor aye . ~oCion ca~iad u~n~ualy.
B. ~e Council considered adoption o[ an ord~nce
~o
~d~capped parki~.
~ais~an~ City ~er Svehla reported Cha~ ~ Citizens Trat~ic
Safa~y SupporC ~iseion ~d ~ard a requea~ ~C new ~ndicappad
parki~ spaces be deai~na~ed and a~e exis~in~ park~ spaces be
rel~a~ad.
~cil Na~er ~pkina as~d ii the ~ndicapped parki~ spaces in
[ron~ of ~ ~vie theater on ~ aq~re would r~in, asa~ing
2he ~a~ar would s2ay ou~ oi
~sia~an~ City Manager Svehla replied yes; hoover, i~eche~
reope~d ~he Fire C~e would require C~ae spaces 2o moved fr~
~ [ron~ oi 2he Chaa2er as i~ was a fire lane.
~ followin8 ordinance was presented:
83-2
~ ~CE REP~I~ ~D ~CTINC SECTIONS 2~-1~
2~-13f OF ~ 24, ~TIC~ V OF ~ ~DE OF O~CES
0F ~ CI~ O~ .DE~' ~, ~T~ TO P~IN~
DIS~L~ P~ONS, P~V~G. ~OE TBE ~IN~ OF P~
SPACES 'FOE DIS~L~ P~ONS, PEOVIDI~ FOR ~ ~CLUSI~
USE OF SUCH SPACES BY ~ICLES WI~ SP~ LZC~SE P~TE
D~ICES OR ID~TIFI~TION ~S ISSU~ ~Y ~ T~ STA~
D~~ OF HIG~AYS ~ P~LIC ~S~TATION
DI~L~ P~ONS; ~OVIDING A P~ OF A FI~ OF NOT
T~ FIF~ DOL~ NOE ~ ~ ~O ~
~VIDI~ A S~ILI~ C~USE; ~D DEC~ ~ EF~CTIVE
~TE.
~pkina mo~ion, ~ar=on second =o adup= =~ oral.mca. ~ roll call
v~=e ~ar=o~ "aye". ~pkina "aye", S=ep~ns 'a~e', Al ford "aye",
~d~leaper~er "aye", ~ew "aye", an~ Mayor "ave". ~=ion
unan~ous ly. '
~ followin8 ordinance was
83-75
~ ~I~CE REP~ING ~ ~CTING SECTION 2~-136 OF
~TICLE V, C~ 24 OF ~ ~DE OF ~C~ OF ~E
OF D~ON, T~, ~T~G TO P~ ON ~BLIC ~OP~
FOE DIS~L~ P~ONS; DESISTING ~ SUCH P~IN~ IS SO
~S~ICTED~ PEOV~I~ A P~ OF A F~ OF MOT LESS ~
FZF~ ~L~ NOR MO~ ~ ~O ~ ~; PROVIDING
A S~ILI~ C~USE ~D DEWING ~ ~I~ DA~.
~pkin~ ~=ion, Barton second 2o adop~ che ordnance. ~ roll call
vo2e Bar=on "aye".,, Hopkins "ava".. S=eDhens. "ave".~ . ....... AI~m,~ ".=.".~.
R~ddlesperser aye", ~ew "aye'l, and Mayor "aye". ~=iou carried
unan~u~ ly.
C. ~ Council cone~ered ~op=ion of an ordnance
approvin~ ~ SCAts DeparC~nC of H~aya a~ ~blic
~anspor~aCion ' a proh~bi~
propgaa~ Cwo-way operation of Craff,c
upon
f=on=ase
rOadS o ~
~yor SCewar= sCaCad =~ he ~d been ~old ~t ~re were severel
people in c~ ~bers w~ wished Co ape~ resardi~ Ch~s
ordinance. ~ Mayor as~d ~o ~ar trom one spo~spermon.
315
City of D~nton City Council Minutes
Meetin$ of July 19, 1983
Pa~e
side of~ 35 was isola=e~ from ocher streets fl~i~ inca
77
residents would ~ =o dr~ to =he t~ck acop on eo ~e~ on
~H-35 or to c~ into t~. Hr. Vance seated C~t C~
woul~ be forced ~o double t~t= milease Co set in ~d out
netshbo=~od. ~r. V~ce added t~= the one-way semite road could
be a ~m~ty ~zard in t~t Police and Fire vehicles will
~o~ way on a one-w,y street, but t~ ~bulancea w$11 not. I~ an
~bulance were called for · reagent ~ this area ~d the ambulance
acer ae~ce road before inCe=~ C~ nei~hborhood.
Mr. ~y Par~r~ ~inaier of ~he Greenway AparCmenCa~ s~l~ed C~ he
of 380 ~nd IH-35 h~d e~ertenced ~=e accidents =~C this =we-way
s~ce road.
~isaion ~d revi~ed ..~t~m ~un~ a~
Safe~y
Support
in t~ process of beSi~lng reconsC~ctton.ot ~ ~ zrom ~e_~
County ~l~ South throush ~nCon. tz se~ce r~aos were ~
~wo~ay, additional r~ht-oi-way would ~ve co .os. purc~sea as =ne
two-way se~tce roads require a different ~esLsn =r~ one-way
roads. ~ request before t~ ~uncil now was only for the service
roads north of 77 ~o t~ nor=he~ City l~t=s and would not affect
the residents oi t~ Greenwood area.
Council ~ember Step,ns as~d w~n c~ Council would need Co look
=he se~ice road between 380 north ~o 77.
~s~stant City ~na~er Svehla responded in approxi~cely 1986 and
=~t C~ extension =o ~op 288 would no~ be completed before 1987
~ earliest.
~yor S~ewar~ as~d ~f ic was mandaco~ ~o adopt t~ ordi~nce now.
~ststant City ~naser S~hla responded ~ tf t~ ordinance
not palled, it could create a delay tn ~ Highway Departmenc
~o reconsC~ct IH-35. ~ H~y ~partment needed to ~ow if the
semite roads w~11 be one,ay or =we-way before =hey could proceed
with Cbs dea~sn p~se of t~ project.
~unc~l Member ~iddLesper~er a~d tf the proposed ordinance would
only affect t~ sauce ro~ds from 77 north.
~sist~t City ~gar Svehla replied yea and t~t t~ ae~ice roads
from 380 Co 77 woul~ no= be affected un~il the proposed ex2ension
Loop 288 wa~
Council M~r Hop~na aCaZed =~C ~ believed future de~lo~ent
Chis Tangential area would all~ia=e the access problems before
ex=enaion 2o Loop 288 was co~leCed.
Bar=on ~2ion, ~ew second =o deny. Mo2ton carried unan~ously.
5. ~solut~ns
A. ~ Council con~idered adap=ion of a
suppor~n~ =he ~tn~e~nce off wa~er quality in ~w~svtlle ~ke.
City Ha~aor HarCu~ reported C~C this item ~d been req~sted by
t~ Cit~ ~uncil. ~e i~s~ of water quality in Lake ~wisvtlle had
been discus~ed w/Ch other cities and ~d spared an interes~. This
resolution would be s~red with other water entities in the area.
~ City of ~llas ~d also ~dtcated that they would pass a similar
ordin~ce.
3t/.,C. ity of Denton City Council Minutes
zmeetin~ o£ July 19, 1983
P&se Ten
Council Member Hopkins stated that after the City Counoil had held
their discussion, an article had been printed in one of the Dallas
papers ou the same subject.
Council Member ,~taph~ns asked that the wordin~ of "clear water" be
chenled to read "clean water".
The followtns resolution was presented:
RESOLUTION
~, Lewtsvtlle Lake serves the cities of Denton, I~wisville
and Dallas as the sole or major supply of water for municipal use;
WHE~tF~, the Denton City Council is dedicated to providing hish
quality water to ice citizens from water obtained from Lewisville
Lake; and
W~EAS.the Denton City Council ts concerned about pollution in
Lewtaville Lake from existing end new septic systems at or near the
lake, lake recreational use, non-point and point sources and new
residential and business developments near the lake that do not have
adequate wastewater treatment systems; NOW,
n~.SOLVED BY THE DENTON CITY COONCIL THAT:
SECTION I.
he by
The City of Denton expresses its fire commitment to
pursue policies and actions Co help maintain the water quality in
Lewisville Lake at high standards to assure a continued supply of
fresh wa~er £or Den=on and the surrounding area.
Sr CTIg,N
The City of Denton hereby strongly urges all parties that are, '
involved tn managin8 the Lewisville Lake and its recreational
facilities such as the Corps of Ensinaerl, parties regulating
Lewisville Lake's water quality such as the Texas Department of
Water ~esources, the Environmental Protection A~enc2 and the Denton
County Health Department, parties discharsin$ wastewater
~: effluent into Lewiaville Lake, parties develop~n~ properties,
and businesses in and around the lake or responsible for
regulating such development, and parties utile_zing Lawiaville
recreational parks, shoreline and water surface for recreational
purposes, to also pursue policies and actions to help ~atntain the
water quality tn Lawiaville Lake at high standards to
assure a
continued supply of clean, frelh water for =he region's municipal
and recreational use.
SECTION III.
The Ci=y Secretary cf the City of Denton shallcause a copy of
this R~soluCion to be forwarded Co the United StAte. Corps of
Engineers, the Texas Department of Water Resources, the
Environmental Protection A~ency, the Denton County health
Department, ~he City of Dallas, the City of Lawisville, and other
appropriate entities and parties after its passage.
PASSED AND APPROVED this 19th day of July, 1983.
I~ICFAA~D O. STEWART, KAYOK
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
City o£ Denton Cit:y Council ~itrut:es
~etins o~ July 3.9, 1953 :~1~
Pass Eleven
Chew motion, Hopkins Seco~ that tha resolution be passed. O~.. to,l, 1
call vote Barton "aye", l~-s "aye", StepBens "aye", Alford "aye
Eiddlesperger "aye'f, Chew "aye", and Mayor "aye'r. ~otion carried
unanimously.
B. Th~ Council consisted adoption o~ a resolution in
~ o~ ~omr ~blic U~ili~ ~ard member SCan
~ resolution ~ ~W o~ ~r. H~aon was read by ~yor Stewed.
"ST~EY A. ~SON"
~, ~ Cl~y o~ ~n~on ~a loa~ one o[ ica moa~ valid ci~izens,
~anlay A. M~aon; and
~, Mr. ~aon aa~ aa a ~aber o~ ~he ~lic U~ili~y
~rom July, 1~7 ~o July, 1928~ C~paiSn ~i~m, ~n~on
~un~y ~ed Way; Free~den~, Denton Xiwanie Club; ~nto~
Dia~ric~ ~lmn, ~y Scou~s o[ ~ica;_Vic~
~n~oa.80'a; Elder a~ S~. ~drew'a Praaby~er~n Church Ln
~n~on, C~lmn o~ ~ Session a~ Pras~den~ o~
Co,oration at S~. ~rew'a ~aabycerian ~urch;
~u~i~ ~ee o~ Denton Co~y C~uniCy ~uncil
aa~d on ~rio~ ~por~an~ boards and c~iasions as
c~i~ or ~er and was ~ced ~or his tireless and
dadica~ad se~lce ~o his co~uni~y; and
~, Mr. Munaom was a le~in$ executive o~ ~ora Business
~ ~Jor indua~, Ln ~n~on until his re~ir~n~ in
~nS ~ld ~ position o[ P!an~ Hanaser and la,er ~neral
~ion ~er o~ ~ fi~'s Sou~ Division; and
~, Hr. Hunaon ae~ed his co~uni~y above and beyon~ ~he
e~lcienC diac~rse o~ his duties ~n proteins the weAzare
~d prosperity of ~he citizens o[ Denton, and earned
~ull ~elpect and admiration o~ his colleagues and
~, ~ was ~ ~d o~ individ~l w~ ~ave no~ only h~s ~lme and
~y, bu~ ~ook a s~ncere in~erea~ in ~he li~e and
~11-~ o~ all ~ people wi~h w~m he c~ in~o contact,
~ dedica~ed h~alE ~o ~he propoai~ion o[ buildin~ a
be~er l~e within ~ co~uni~y;
~ ~ sincere a~ wa~ appreciation ~elt By ~ citizens
amd o~icera oE ~ City o[ Denton [or Mr. ~son shall
cause ~hia ~aolu~on ~o be Jowlly ~r~acriBed into the
o~ic~al minu~aa o~ ~ City o~ Dem~on, T~aa, dedicated
C~ r~braace o~ S~anley A.
P~S~ ~D ~ ~hia ~ l$~h day o[ July,
~ g, C~, CO~CI~
~Y S'~ CUU~C~ JOE G. ~,
ATTEST: ~OV~ ~ TO L~ ~:
31~ity~ of Denton City Council Minutes
MeeCin$ o£ July 19, 1983
Pale Twelve
~ounc~l Member Stephen~ asked Co add Co C~ reaoluC~ou C~ a copy
o~ C~ reaoluC~on would be ~o~arded co the H~on ~ly.
St~n~ ~Cion, REddle~par~er second ~ha~ ~ rasoluCEon be
passed. On roll call ~te Barton uay~", ~pkins "aye", S~phene
'aye", Alford "aye", ~iddl~ep~r~er "aye", ~w "aye", and Mayor
'aye". MoCEon carried
6. ~re was no ollic~l action on hecuCl~ S~a~ion
A. ~al Matters
B. ~al Estate
C. Personnel
D. ~ard
7. T~ foll~tn8 i=ems of New Bu~i~e were su~ses~ed by
~uncil M~ber~:
Mayor Scewar= a~d =o recei~ a repot= on ~he =raffic ~i8~1
Bell and ~=her~.
~uncil Member S=ep~ns asked ~o receive a report on
Perk ~ad extension. ~sis=ant Cl=y Mauaser S~hla replied
=hi~ its2 would be discussed in ~ecu2ive
~uncil Member ~ew asked 2o receive a repot= ou ~st
~ Council reconvened ~nco ~ecu=l~ Session. ~ official ac=ion
was Caken.
09~6C
319
CITY COUNCIL MINUTES
August 2, 1983
The City Count11 convened 1nCo a Jotnt meettng wtth the Planntng and
Zontng Commission at St30 p.m. ~n the Ctvtl Defense Room.
COUNCIL
PRESENT: Mayor Stewart; Council Members Alford, Barton, Chew,
Nopktns and Stephens
Ctty Manager, City Attorney and Ctty Secretary
COUNCIL
ABSENT: Mayor Pro Tem Rtddleaperger was on vacat(on
P&Z
PRESENT: Commission Member Escue, Claiborne, Pearson, Stdor,
and Cole
P&Z
ABSENT: Commission Member ~uren and LaForte
1. The Counctl considered adoption of poltctes concerning
major annexations.
Jeff Meyer, Otrector of Plenntng Community Oevelopment, reported
and
that tn the pest, assumptions have been made about areas to be
annexeD. TheP1anntng and Community Development Department had at
ttmes been ut tn the posttton of
situations. ~reacttng to annexation
eyre stated that the Staff was tn the process of
developing pollctes whtch would govern when end where annexation
proceedings should be Initiated and was soliciting tnput from the
Council.
Charlte ~atktne, Sentor Planner, stated that some areas were
recetvlng development proposals. This exerctse would help the Staff
when they racetved plats and gtve direction from the
dectslon-alakers. ~etktns stated that 305 of the Cfty~s stze could
be annexed th~s calendar year. Including the annexations already
completed, an additional 5460 acres could scl11 be annexed this year.
~atktns d~$pleyed a large map with potentfal annexation areas
highlighted. A copy of the rap ts attached and made a part of these
minutes. The ftrst area on the map which was discussed was a large
area west of Htghway 380 and north of the Oenton Municipal Atrport
near the Htckory Creek sewer 1the. The area Is tn the flood platn
and, at the present t~me, the County regulates development. Much of
thts area shares the sewer ltne and ts contiguous to the present
City ltmtts. One potential annexation parcel located tn thts area
(denoted on the map as A) was along Highway 380 by the airport.
There ara 5& people 1tying ~n thts area wtth water and sewer service
tn place. The planned land use ~n thts area would be Industrial.
The second area discussed (denoted on the map as B) was south and
mast of the Oenton Municipal Atrport and fronted on Interstate
3B-~est. Sewer service ta tn place for approximately 1/3 of the
area wtth water and sewer available for extension to the remainder
of the parcel. Only 2 people 11vd tn thts area. The condition of
the IH-35~ servtce road ts e major concern.
The thtrd area discussed (denoted on the map as C) was tn the Solar
~ay Addttton and consisted of approximately 500 acres. There are 27
residents tn thts slowly developing area. The addttton ts extremely
close to areas that are presently receiving City services. ~t was
hoped that ss the area grew, developers would participate tn the
Improvement of Bonnte Brae,
The fourth area discussed (denoted on the map as D) was south of the
Denton St&tm School near Ryan Road wtth approx~m&tely 3,000 acres of
land. At the present, the area has a dispersed population and would
be difficult to provide wtth City services. Another factor was
that, tf annexed, the maintenance of Ryan Road and Robtnson Road
would become the responsibility of the Ctty whereas now the County
maintained them.
320
Ctty of Denton Ctty Counct1 Mlnutes 3~!
August 2, 1983
Page Twa
The f~f~h area discussed (denoted on the map as E) was tn the
Mayhtll Road area. Llmt~ed InfrastruCture was In place but would be
available for extension to thts parcel.
Charles ~etktns s~ated that the Staff would recommend as the ftrst
annexation priority the r(A) near the airport,.area (E) tn the
fronttng on IH-35~ near ¥tctor Equipment fourth, and area (D} by
Ryan Road fifth.
Counctl Member $~ephens asked If area (D} near Ryan Road was
excluded, what would be the potential annexation acreage.
~atktns responded ~hat ~he total of all ftys areas would be
approximately 6,000 acres and ~he parcel near Ryan Road consisted of
approximately 3,000 acres.
~eff Meyer Stated that an tn-depth analysis of the cost
effectiveness of annexation could be undertaken tn response to the
Council's desire for future planning.
Council Member Hopktns asked tf the total allotment of allowable
acreage was not annexed ~hts calender year, could the acreage be
carrted over to the nax~ year.
,atktns responded yes as well as from all pre¥tous years up to an
amount w~tch mould total 305 of Ctcy's land surface.
Council Member Hopktns stated t~at the C~¢y should also be looktng
at the area north of the present City ltm~ts, but agreed that a cost
analys~s of the southern areas was needed.
~atktns reported that the taxable value o~ all land tn Denton would
be dt¥tded by t~e total ~umber of acres to determine the amount of
re~enue the land would have to generate ~o be cost effective. If
the parcel did generate ~he requlred amount of revenue, tt would be
cos~ effective for the Ctty to annex.
Mayor Stewart stated tha~ t~ was the consensus of the Council that
area (O) near Ryen Road should not be annexed due to the costs
associated wtth street maintenance and the extension of Ctty
services.
Council Member Chew stated that he would ltke to see a cost analysis
performed.
~eff Meylr handed out coptes of a proposal whtch he had recetved for
conducting s cost analysts.
Counctl Member Hopkins stated that the type of Information thts
study could provtde would be helpful and stated that he would also
like to see a map of City wtth various Informative overlays.
Commtssloner Stdor asked what crtterta the Staff used to target
~ectftc tn the extra-territorial Jurisdiction for
these ~pec areas
annexation.
,atktns responded t~at the mos= commonly used factor in the
detlrmt,attons the placement of t~e line. Areas beyond
Commissioner Claiborne asked tf an analysis could ~e dona on the
basts of certain types of zonlng.
~eff Meyer responded that it could and that the Denton Development
Gutde would also be used tn determining annexation cost
effectiveness.
o~tty of Denton City Council Minutes
August 2, 1983
Page Three
Counc11 Member Hopkins stated that trends are indicative of the
growth potential and would ltke to see a cost analysts of area (D)
and the northeastern area of the City.
Counctl Hember Stephens suggested that the proposal be given to P&Z
Commissioner Pearson to revtew and that Pearson could then recommend
who should conduct the study.
Commissioner Pearson asked the Staff If the proposal whtc~ had been
distributed wes a draft end tfa complete proposal would follow.
Jeff Meyer replted that & complete propos&l would be submitted.
Commissioner Stdor stated that the P&Z was hear~n~ most of their
cases from these areas ~tth a high potential for dev~opment.
The Counctl ~ecalved a report on the 1983 Citizen Survey.
Assistant ¢tty Mansger McKean reviewed the survey findings with the
Council stating that the survey had sampled 393 Denton residents
with a m&Jortty of these being homeowners.
The condition of the City streets continued to be a problem ares
although the survey also found there was confusion over the lest
bond election which tncluded a proposition on street improvements.
The survey sho~ed an 85 increase in the use of Perks end Recreation
facilities and a 9~ decrease of requests for police services from
the 1982 survey results.
There was s response of 12S of those surveyed who felt very unsafe
in their neighborhood. Counctl Nember Stephens asked of these
respondents, who and where they were.
City He,agar Hartung replted that the 393 persons surveyed was a
very small sample and that the results showed only gross trends.
Counctl Hember Chew stated that he was concerned that Animal Control
officers were not responding to calls.
Under the topic of City administration, requests for service or
information and contact ~tth the City Nanager showed an Increase
from the 1982 survey. The percentage of respondents who had
experienced a problem with utility bills decltned while the
percentage who had uttltty btlllng problems resolved Increased.
A new question asked on the 1983 survey found that 77~ of those
persons responding felt that the City's zontng wes effective.
Nearly 88~ of the ~espondents rated Denton as an excellent or good
plsce to 11ye.
The Council convened into an Executive Session to discuss legal
matters, real estate, personnel, and board appointments. No
offtctal action was ~aken.
The Counct1 the convened into the Regular Meeting st 7:00
the Council Chambers.
PRESENT: Mayor Stewsrt; Council Hembers Alford, Barton, Chew,
Hopkins, end Stephens
City Manager, Ctty Attorney and
ABSENT: Mayor Pro Tem Rtddlesperger who was on vacation
1. The Counctl considered approve1 of the Htnutes of the
Special Called Joint Heating with the County Commissioners on
13, 1983 and the Regular Nesting of July 19, 1983.
City of Denton City Council Minutes
August 2. 1983
Page Four
Hop~tns motion. Chew second to approve the Minutes as presented.
Morton c&rrted unanimously.
2. The Counctl recognized a representative of the residents
Glenwood Lane regarding sand and gravel truck trafftc problems.
Mr. [dwerd Touratne preaented a petition and requested that the
Council enforce the truck ordinance which would keep sand and gravel
trucks off of Glenwood. The trucks which had been using the streets
had torn them up. The repetrs had been completed but the residents
wanted assurance fro, the Council that this would not happen again
and also wanted a weight llmtt set for the street.
City Me~eger Hartung reported t,at a contractor for the City had
been using Glenwood but aa soon as the City was made aware of thts.
the trucks were stopped. The Purchasing Agent had been advised to
specify the approved truck route on ali future btds.
3. Consent Agenda
~ Hopkins motion. Alford second to approve the Consent Agenda. Motion
~ carried unanimously.
I'lq A. Bids and Purchase Orders:
~ 1. aid # g1¢8 Distribution Transformers
2. Bid # g156 Uniforms
3. Bid # 91§g Furniture and partitions
4. Bid # glTO Airport sub-station building
5. Bid # 9171 - Electric wire and cable
Purchase Order # $8270 to Case Power and
Equipment for
B. Final Plats=
1. Approval of the final plat of the Bellaire
Heights Addition, Phase II. (The Planning and
Zoning Commission recommends approval.)
C. Final Payments=
1. Consider approval of finel payment to Cullum
Construction Company for contract services for
Denton ~nterceptors Section ~, Contract
Environmental Protection Agency (EPA) gran~
#$-4~-118a-15. (The Public Utility Board will
review this item at the duly ~8 meatfng.)
~. Consider approval of final payment to Cullum
Construction Company for contract services for
Denton Xnterce~tors
Section Contract C.
Environmental Protection Agen (EPA) grant
#3-48-1188-1~ (The Public Uttltty Board w111
review this ~em at the ~uly 28 meeting.)
3. Consider approval of final payment of
conltructton for the Pecan Creek Dam to Jay-Mar
Construction Corporation Bid # glOg - Purchase
Order ~ $8243. (The Public Utility Board will
review this item at the ~uly ~8 meeting.)
O. Change Orders:
1. Consider approval of Change Order #g to the
Contract with Henntngson, Ourham & Richardson
(HOR) for Landfill Permit Application (PO # 53957)
32~Ctty of Denton City Counctl Htnutes
August 2, 1983
Page Ftve
4. Public Heartnga
A. The Council considered the petltton of tho City
of Denton requesting a change In zoning from agricultural (A) to the
planned development (PD)classtftcatton at Evers Park. ]f approved
the planned development (PD) would permit the erection of three
scoreboards wtth advertising capabilities. (Z-1591)
The Hayer opened the Publlc
Hr. Nlllte Hudspeth, Commissioner of the Denton Boys Tackle Football:
Aasoctatton, spoke tn favor of the petttton orating that the
association secured scoreboards for Evers park which had advertising
on them. Thts change tn zoning would permit the scoreboards to be
put tn place.
~o one spoke tn opposition,
T~e Hayer closed the Public Hearing,
~ef~ Hayer, Director of Planning and Co~untty Devolopmtnto reported
that 3 reply forms ~ad been mailed ~lth 0 returned, Hayer stated
that Hr. Hu~speth had tnvestad a considerable amount of ttme wtth
th~s project for the park and believed that tt was t~me for the
Council to give h~m a clear signal of their intentions.
1, The Council considered adoptto~ of an ordinance
changing the zoning from agricultural (A) to the planned development
(PO) classification at Evers Park. Zf approved, the planned
development (PD) would permit the erection of three (3) scoreboards
with a=verttstng
The following ordinance was presented:
NO, 83-77
AN ORDINANCE AHEND~N6 THE ZONING HAP OF THE CZTY OF DE#TON~
TEXAS, AS SAHE NAS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDINANCES DF THE C~TY OF DENTON, TEXAS. aY ORDINANCE NO,
69-1, AND AS SAID NAP APPLIES TO APPROX]HAT£LY 80 ACRE
TRACT OF LAND OUT OF THE B.B.B. & C.R,R, SURVEY. ABSTRACT
#0, 186, DENTON COUNTY, TEXAS; AND HORE PARTICULARLY
DESCRIBED HERE~N; AND DECLARING AN EFFECT[YE DATE,
Chew motion, Staohens second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "a~e", Stephens "aye", Alford "eye", Chew
"aye", and Hayer "aye", Hotton carried
B, The Council considered the petttton of galter H,
DeRonde representing Gemstone Development requesting a change
zoning from single family (SF-7) to the planned development (PD)
classification on a 13,047 acre tract begtnn~n9 along the east side
of Audra Lane approximately 100 feet north of the Intersection of
Audra and Paisley, If approved, the planned development (PD)
permit the development of approximately 94 zero lot 1the detached
atngle family houses wlth atyptcal lot size of 35 feet x 110
(Z-1593)
The Hayer opened the Publtc Hearing.
Hr, gal~er DeRonde, the petitioner, spoke in favor of the pe~ttton
stattng that this zero lot line concept would bring truly
housing ~o Denton. ~r. DeRonda also stated that the major cost
factor In homebutldtng is the land colt. This cost in combination
with interest rates had made homeownershtp difficult. The zero
1the concept was to use smaller lots and have higher density use of
the property, Hr. DeRonde presented several slides of completed
homes in the Houaton area,
Ctty of Denton
August Z, lg83
Page
DeRonde &1so stated that the zero lot ltnes would allow for 19 feet
between the unttl which mould be built on-atto and would meet
bu~ld~ng codes. The un,ts would be constructed ftve et a alma. Hr.
DeRonde concluded by stating that the approval of this petition
could be a positive step toward providing dtversa housing tn Denton.
Hayor Stewart asked tf the developers were planning to butld several
smell, square houses on smeller lots.
Hr. DeRonde responded that all of the homes would be tn the 1000 to
1200 square feet range.
Mayor Stewart asked tf young married and older couples were the
tredtttonll buyers of thole homes.
Hr. DeRonde ~esponded that young merrted couples and single persons
were the traditional buyers.
Count11 #ember Hopkins asked tf the e~e& near Audre ~&ne tn the
proposed developlent wes to be a park or & green belt.
~t~ Hr. DeRende ~epl~ed that the City would not ~ant to matntatna park
thts small,
Council Hember Hopktns stated that thts was a very innovative
approach to providing houstng.
Count11 Hember Stephens stated that the sketch displayed showed Hack
Park going beyond the development end asked about the use of Hick
Drive.
Counctl Member Alford asked ~hat the tmpact would be on the schools
tf this area was developed to 1ts fullest.
Hr. DaRonde answered tha~ Hr, aernstetn of the Denton ~ndependent
addlttonal children whtch would not present any problems.
Mr. Ton~ Repose spoke tn favor o~ the petition stattng that these
homes were developed tn H=ueton and San Antonto and ware sold out ~n
one year~o Hr. Repose also stated that he believed th~s wes the
answer affordable housing and the Ctty reall needed this
p~o]ect. ~aposa wanted to go on the record as being ~n favor of the
pet~tion.
No one spoke tn opposition.
The Hayor closed the Public Hearing.
Davld ~11tson, Development Ravtew Planner. reported that 14 repl~
forms had been mailed out to property owners within ZOO feet with 5
returned tn favor and 1 tn opposition.
~n re~l~onse t= Council Member Hopkins's ques~ton reglrdtng the green
area nee~ Audre Lane, £111son sta~ed that a plrk aras would be nice
could assume the maintenance responsibility.
Counctl Hember Stephens~s questton regarding ~ack Drtve was a
decision that the Council would need to make. Hack Drive at the
present ttme ts a collector street. ~f the street ware extended to
the north, it would be used as a mado~ thoPofare. St&f~ felt that
Hack Drtve should not be allowed to tie tnto Audre Lane.
Council Hember Stephens s~sted that the developers would address
Nick D~tve could rem&tn as a cul-de-sac o~ could
this problem last.
be ex[ended tf the development ~n thts area continued.
3~l~tty of Denton Ctty Counctl Minutes
~U~ugust 2, 1983
Page Seven
[11tson also reported that in regard to the question, of impact on
the public schools, the DISD wes & member of the Development Review
Committee and had not responded negatively to this petition. The
developer would also tmprove Audra Lane to Paisley. In summary.
Elltson reported that the Denton Development Guide encouraged
diversity of housing types end costs and that he felt Denton needed
thta kind of development. The Pl&nntng and Zoning Com, lsston had
approved the petition by a vote of 4 to 3 with 8 conditions. The
ftrst condition wes that the F&Z and Counctl approve the
architecture1 plans or that the Staff could approve the site plan.
C=uncll Hember Stephens stated that he would prefer for the Staff to
approve the site plan.
Heyor Stewart stated that he had been concerned about property In
thts area being developed and cut-off due to the fact that the
s~reet don t contlnue through to major thorofares. He stated that
it should be kept in mind the streets that do provide access end
complimented the Staff on thetr addressing this problem.
Counctl Member Chew commended all persons concerned wtth this
petition for the efforts being mede to provide affordable housing.
1. The Council con,ldered ,d~,tion of ,n ordinlnce
changing the zoning from stngle family(SE-7) to the planned
development (PO) classification on a 13.407 acre tract beginning
along the east stde of Audra Lena approximately 100 feet north of
the intersection of Audra and Patsley.
The following ordinance wes presented:
NO. 83-78
AN ORDINANCE AHEND]#G THE ZONZNG MAP OF THE CZTY OF DENTON,
TEXAS, AS SAME IAS ADOPTED AS AN APPENO]~ TO THE CODE OF
ORD[NANC[$ OF THE CZTY OF DENTON. TEXAS. 8Y ORDZNANCE NO.
69'1. AND AS SAID MAP APPLIES TO APPROXIMATELY 13.407 ACRES
OF LAND [N DENTON COUNTY, TEXAS; AND MORE PARTZCULARLY
DESCRIBED HERE]N; AND DECLAR]NG AN EFFECTZVE DATE.
Chew motion, Alford second to adopt the ordinance with the exception
of condition 1 and that Staff could approve the stt~ plan. On roll
cell vote Barton "eye", Hopkins "aye", Stephens "a~~e , Alford "eye",
Che~ "aye", end Mayor "aye". Motion carried unanimously.
C. The Counct1 considered the petition of North Texas
Business Park by Tom Fours requesting I changa in z°ntnglfr°ma PO-17
to the 11ght industrial (LI) zoning classification on 06.83 acre
tract of land in the E. Morris Survey, Abstract 868, and the Mary L.
Austin Survey, Abstract 4, Denton County, Texas, snd being generally
described as located north of Spencer Road end east of Hoodrow
Line. (Z-1594)
The Mayor opened the Public Hearing.
Tom Fours, representing North Texas Business Park, spoke tn favor of
the petttton stating the ortgtnel planned developmen~ ZOning for
this tract was approved in the early 1970~s. At that time the area
wes under one ownership and was never developed. A northern portion
of the tract wes sold, subdivided and developed as light
industrial. The petitioners were asking to have the remaining
acreage of the original planned development zoned light industrial.
Council Member Hopkins asked if the area in question wes across the
street from Turbo.
Mr. Fours responded yes.
¢tty of Denton City counct1 Hlnutes
August 2, 1983
Page Etght
Counctl Hember Hopktns asked tfa great deal of the property was
the flood platn.
Hr. Fours replied that some of the area was, but not as much as was
shown on the map,
Counct1 Hember HopkJns itlttd that the parcel could be used for
storage tf Jt was tn the flood platn.
No one spoke ~n opposition,
The Hayor closed the Publlc Heartng,
Steve Fanntng, Comprehensive Planner, reported that 13 reply forms
had been ma~lld wlth 5 returned tn favor. The area was zoned
1973 for a planned development but the land had changed ownership,
Counct1 Hember Hopktns asked tf the Denton Development Gutde showed
C~) thts area as 11ght Industrial.
Fanning replied ~es and that thts was designated as a htgh intensity
~-I area tn the Guide.
I~ 1. The Counctl considered adoptlon of an ordinance
· 3: changtng the zontng from PD-17 to the 11ght industrial (L]) zoning
classification on a 106.83 acre tract of land betng generally
described as located north of Spencer Road and west of ~oodrow Lane.
The following ordinance was presented:
HO. 83-7g
AN ORDINANCE AHENDZNG THE ZONING HAP OF THE C~TY OF DENTON~
TEXAS, AS SANE ~AS ADOPTED AS AN APPENDIX TO THE CODE OF
ORDZHANCES OF THE C~TY OF DENTD#~ TEXAS, BY ORDINANCE NO.
69-1, AND AS SAZD NAP APPLZES TO A 106.83 ACRE TRACT OF
LAND ]N THE E. HORRZS SURVEY, ABSTRACT 868, AND THE NARY L.
AUSTZN SURVEY, ABSTRACT 4, DE~TON COUNTY, TEXAS, AND
GENERALLY DESCRZBED AS LOCATED NORTH OF SPENCER ROAD AND
EAST DF NOODRO~ LANE; AND HORE PARTZCULARLY DESCRIBED
HEREZH~ AND DECLARZHG AN EFFECT~¥E DATE.
Hopktns morton, Chew second to adopt the o~dinance. On ro11 call
~ote Barton "aye"~ Ho~ktns "aye", Stephens "aye", A1ford "a~e", Chew
aye", and Hayor -a~e-. Hotton caroled unanimously.
D, The Count11 considered the petttton of Rtchard
Fulton requesting an amendment to a spect~tc use permtt for a day
care center located at 707 Carroll Boulevard. Z~ approved, the
amendment would remove a condition of ortgtnal approval maktng the
specific usa permtt non-transferable to any day care operato~ othe~
than Ns. Ka~e Coneway (original applicant). The existing day care
center Is approved fo? ~ maxtmum o~ ftfty (50) chtldren and the
property ts more particularly described as pa~t of lots Z and 3,
block 8, Carroll Pa~k Addition. (S-133)
The Hayor opened the Pab1~c Heartng.
Hr. Richard Fulton, the petitioner, spoke tn favor stattng that he
had bought the property tn 1976 wlth the spe¢tftc 1dee of opening a
day care center. He was movtng to a new ~actltty but had d~s¢overed
a condition on the or~gtnal spectftc use permtt stating that the
permtt was non-transferrableo
Council #ember Hopktns asked Hr. Fulton tf he was selltng the
property.
Hr. Fulton responded that he was ~eas~ng the propert~ to another
person and was asktng for the deletton o~ thts one condition.
v'~lty of Denton City Council Minutes
August 2, 1983
Page Nine
Mayor Stewart stated that this particular condition should be for
the owner and not the person leasing the property and asked Mr.
Pulton if he would be agreeable to placing his name on the condition
to replace that of Ms. Kayo Conaway on the original specific use
permit.
City Attorney Taylor stated that the zoning was on the property and
not on the owner and that this condition should De removed.
No one spoke in opposition.
The Mayor closed the Public Hearing.
David Elltson of the Staff reported that 26 reply forms had been
mailed with 7 returned in favor and 0 in opposition. The Planning
and Zoning Commission had voted unanimously to approve the petition.
1. The Council considered adoption of an ordinance
approving a specific use permit for a day care center at 707 Carroll
Boulevard subject to conditions.
The following ordinance was presented:
NO. 83-80
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT AND AMENDING THE ZONING
MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX
TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE
NO. 69-1o AND AS SAID MAP APPLIES TO 707 CARROLL BOULEVARD IN THE
CITY AND COUNTY OF DENTON; AND DECLARING AN EFFECTIVE DATE.
Stephens motion, Chew second to adopt the ordinance. On roll call
ore_Barton "eye", Hopkins "aye", Stephlns "aye", Alford "aye", Chew
aye', and Mayor "aye". Motion carried unanimously.
g. The Council considered the petition of North Texas
Business Park by Tom Fours requesting a specific use permit for a
mobile home park on a 47.06 acre tract of land in the E. Morris
Survey, Abstract 868, and the Mary L. Austin Survey, Abstract 4,
Denton County, Texas, and being generally described as located north
of Spencer Road and east of Woodrow Lane. The property is presently
zoned light industrial (LIS. iS-170)
The Mayor opened the Public Hearing,
Mr. Tom Fours, representing North Texas Bustnll$ Park, stated there
were several reasons this petition should be granted. There was e
need for a mobile home park in this general area of Denton. When
the owners first began to consider uses for this property, the
Denton Development Guide was used to determine density and land
use. The residents of the mobile home park would rent as opposed to
buying and the area met the street requirement and land use in the
flood plain. This ~etitton would also meet the need for diversity
of housing types. The mobile home park would not impact the schools
and would not require the extension of City services as utilities
were already in place. The petition would utilize the land and
bring in tax dollars rather than having the land remain vacant. The'
petitioners would like to waive the condition of a privacy screen
now as there are trees which would serve the same purpose. The area
is isolated from other residences.
Council Member Chew asked if road which was shown on the map was
Spencer Road.
Mr. Fours stated that Spencer Road was there, but where Shady Oaks
came into the business park, the developers were projecting to go
south and tie into a gravel road which goes all the way to Loop
288. This street would be the same width as Shady Oaks.
August Z, lg83
Page Ten
Counct1 Member Hopktns asked i£ the ¢1t~ power plant was south of
the
Counct1 Member Stephens asked what was the approxlmate square
footage per ap&ce.
Mr. Fours replied thee the ordinance required 3500 square feet and
thetr were 40 x 100 or ¢000 equate feet, whtch was thetr smallest
lot.
Council #ember Stephens elked tf Mr. ?outs had estimated the yield
of tax d=llars to the
Mr. Route replied thee he ~d not know how the tax structure was
a mobtle home park wtthtn the C~ty, but the cost to develop the park
would bm between $1.Z~ and $1.$0 mtlllon. Thts spectftc use would
compliment the proposed business park and would be an Improvement to
raw land.
No one spoke tn opposition,
The Mayor closed the Publlc Hearing.
matled out w~th ~ returned tnfavor and 1 tnopposition. The Staff
had looked at the overall Ctty plan for thts area and that the
proposed mobile home park would be tn agreement wtth the plan. The
onlv problem would be the mobile home ordinance wh?ch does call for
a screening fence. The Planning and Zontng Commission felt that the
proposed park should be screened to the south and east.
¢ounctl ~ember Stephens asked about P&Z condition 9 which stated
that the parcel would reve~t to ortgtnal zontng tf the mobile home
park was not developed wtthtn 4 years.
Eannlng responded that thio was a standard provts?on but should read
revert to 11ght Industrial,
Council #ember Alford asked ~f the street situation had been
discussed,
Fanntng replied that proposed streets are ~o be butl~ which would
handled egress and Ingress.
Hopklns motion, Alford second to approve the zontng. Morton carrted
5 ~o 1 wt~h ¢ounct~ Member Chew votlng nay.
F. The Council considered the petition of Sandra Ta~lor
and Ann Celdwell requesting htstortc landmark (H) zontng designation
at 703 aoltvar Street.
The Mayor opened the Public Hearing.
Ms, Sandra Taylor spoke ~n favor of the pet?eton ssat~ng ~hat the
Planning and Zontng Commission and the Htstor~c Landmark Gomm~sston
had agreed tha~ the property meet the crttterta to be a designated a
hlstor~c landmark. One crtterta was that the home was Identifiable
w~th pm?sons who had significantly contributed to the development of
Denton. This home had been owned by various ¢ttV business leaders.
The criteria re~attng to the distinguishing characteristics of an
architectural style were met bV thts Prairie Box style home.
No one spoke ~n opposition.
The Nayor closed the Public Hearing.
'=~tty of Denton City Counctl Mtnutes
August 2, 1983
Page Eleven
Devld Elllson of the Staff stated that tn a Denton Record-Chronicle
arttcle from last month, reference was made to the 1de& that tht$
type of zoning would preserve neighborhoods, The Plannlng end
Zoning Commission and Htstortc Landmark Commission had unanimously
recommended approval.
1. The Counctl considered sdoptton of an ordinance
approving historic landmark (H) zoning designation at 703 Bolivar
Street.
The following ordinance was presented:
NO. 83-81
AN ORDINANCE DESIGNATING ?03 BOLIVAR STREET XN THE CITY OF
DENTON, DENTON COUNTY, TEXAS AS A HISTORIC LANDMARK UNDER
ORDINANCE NO. 80-30 (ARTXCLE 28A OF THE ¢OMPRENE#SIYE
ZONING ORDINANCE); AND PRO¥IOING FOR AN EFFECTIVE DATE.
Stephens motion, Alford second to adopt the ordinance. On roll c&11
vote Barton "aye"~ Hopkins "aye", Stephens "aye", Alford "aye", Chew
"aye", and Mayor "aye". Motion cereted unanimously.
Ordinances
A. The Counctl considered adoption of an o~dtnance
changing the zoning from agricultural (A) to the light Industrial
(L]) classification on a 13.994 acre parcel located ad~acent and
west of the ]-35 ~est servtce road and adjacent and south of Ohio
Rubber Company. (Z-1589)
The zoning for Z-1589 was approved at the ~uly 19, 1983 Council
meetlng.
The following ordinance was presented:
NO. 83-82
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF OENTON,
TEXAS, AS SAME ~AS AOOPTED AS AN APPENDIX TO THE COOE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORD]NANCE NO.
69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 13.994 ACRES
OF LANO OUT OF THE O. S. BRE~STER SURVEY, ABSTRACT NO. 56,
DENTON COUNTY, TEXAS; ANO MORE PARTICULARLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE OATE.
Stephens motion, HopKtns second to adopt the o~dtnance. On roll
call vote Barton "aye"~ Hopkins "aye", Stephens "aye", Alford "aye",
Chew "aye', and Mayor "aye#. Motion carrted unanimously.
8. The Council considered adoption of an ordinance for
the abandonment of easement for Clusters Apartments, 2~69 ~est Oak.
Bob Nelson, Otrector of Utilities, reported that thts was a routtne
abandonment of an easement.
The following ordinance was presented:
NO. 83-83
AN ORDINANCE PROVIOING FOR THE ABANOONNENT OF A GENERAL
PURPOSE EASEMENT ~ITH~N THE C~TY OF OENTON AND AUTHORZZZNG
THE MAYOR TO EXECUTEA QUITCLAIM DEED CONVEYING ALL RXGHT,
T]TLE AND INTEREST OFTHE C~TY ]N SA~D EASEMENT .TO THE
ONNER OF SAIO TRACT SUBJECT TO SAXD EASEMENT, SAID
ABANDONMENT ANO QUITCLAIM BEING EXPRESSLY CONOITIONED UPON
THE CONVEYANCE OF A REPLACEMENT EASEMENT THEREFOR; ANO
OECLARING AN EFFECTIVE DATE.
City o// De~tou City Council MinuS:es
.~sust 2, 1983
Page Twelve
Hopkins motion, Chew second to adopt the ordinance. On roll call
vote Barton "aye", Ho~,kins "aye", Stephens "aye", Al£ord "aye", Chew
"aye", and Mayor nayem. Motion carried unanimously.
C. The Council considered adoption of an ordinance for
the abandonment of easement in the East McKinnay Street addition for
Jack Bell.
Bob Nelson reported that u~iliCy services were located in this
easement and ~ha= the owner had &greed to pay for a portion of
relocation costs.
The followin~ ordinance was presented:
NO. 83-64
AN ORDINANCE PROVIDING FOR ~E ~~ OF A UTILI~
~ WI~IN ~ CI~ OF DENON ~ A~RIZING ~E
~Y~ TO ~C~E A QUIT~IM DE~ CO, EYING ~
TI~E ~D IN~EST OF THE CI~ IN SAID ~ TO
~ OF ~ ~T OF ~ CO~EY~ ~Y SA~ ~E~; ~D
DECKING ~ ~CTI~ DA~.
Stephens mo=ion, Hopkins second ~o adop~ =ha ordinance. ~ roll
call vote Bar=on "aye". Hopkin~ "aye", Stephens "aye". Alford "aye",
Chew "aye", ~nd Mayor "aye". Mo=ion carried unani~usly.
D. ~ Council considered adoption of an ordinance
se=tint a da=e, ~i~, and place for public hearings concernin~
proposed ann~a=ion of a =rat= of land be~innin~ a= Mayhill Eoad and
Ea~ McKlnney Street, ind au~rizin8 =he Mayor to publish no=ice
=hereof. ~e proposed annexation includes 250 feet of land on both
aides of =~ cen~erl~e of ~ McXinney Street for a distance of
approxi~ely 3500 fee~ and includes a 104 acre =rac= on =he north
aide of ~= McK~ney S~ree=. (Z-1590)
~rlie Welkins, Senior Pla~er, reported ~ =he legisla~ure ~d
chan~ed =~ ~exaCion ~c and one of the effects ~as a cpmpli~a=i~n
of publi~ ~aeing sc~dule~. ~ere were Cwo alternatives
conaidered for ~h~a annexation. The firs= =ime ~chedule would be
hold a public ~arin~ on =he annex~c/on on August 16 a~ the regular
Council ~etin~, ~ve a special called mae=in8 on Au~us= 23 =o hold
=~ seco~ public hear~, and ~hen ina =i~uCin~ annexation
~roceedinsa a~ the regular council ~eCi~ of September 20 with
inal actionon N~ember 1. ~ a alternative would be =o hear this
item in conJ~c=ion with a voluntary annexation at the reiular
Council ~etin~ of Slp~e~er 6, ~ve a public hearin8 on September
20 a= the regular mae=in&, and ~ve a special called mee~in8 on
~=ober 11 ~o ln~=~=u=e ~nne~=ion proceedings. S~aff would suggest
=he second option a~ =he ina~icu~ion of annexation proceedings
usually does no= require a graa~ deal of
~e foll~ln8 ordinance was presented:
83-8~
~ O~X~CE SETTX~ A DATE~ TIME ~D P~CE ON T~ ~OPOS~
~TION OF C~TAIN ~OP~ BY ~ CI~ OF D~TON,
T~, ~D A~IZING ~ DI~CTZNG THE ~YOR TO PUBLISH
~T~CE OF SUCH P~LXC ~ING.
Chew ~=ion, Hopkins second =o adopt Che ordinance with public
hearings ~ld on Sap=ember 6, September 20 with ina=i=u=ion of
annexation proceedings on October 11. On roll call vote Barton
"aye", ~p~s "aye", SCep~ns "aye", Alford "aye", ~ew "aye", and
~yor aye . No=ion carried u~n~ously.
City of Denton City Council Minutes
August 2, 1983
PaSs Thirteen
E. The COuncil considered adoption of an ordin~nce
increasing the hotel/motel occupancy tax.
Clovis Morrisson, President of the Greater Denton Arts Council,
stated that the Council had passed a R~solution earlier in the year
in support of increasinS the allowable tax. Thirty other cities in
~exa? ~ed a. similar Resolution and the legislature combined the
local O~_~s and wrote a sCa=e-wide bill authorisin~ an increase up
to 7~, 'rna question which had been raised in opposition to using
these funds for projects other than specific convention related
activities was answered by the legislature when it wes stated that
arts programming and historical restoration and preservation
clearly a part of tourism and convention work. Mr. Morrisson read
from the bill a section which stated that it was the intent of the
legislature that revenues derived from the tax authorized from this
act were to be expended in a manner directly enhancin$ and promoting
tourism and the convention and hotel industry. This statement
linked the arts and historical preservation and convention and
tourism activities. Mr. Morrisson stated that no one comes to
city to stay in a motel, but rather to visit the city end what it
has to offer. The ordinance being considered would raise the tax b
2% of which it ~ould go to the Arts Council for the purposes
relievin8 the snort fall in funds for the restoration of two
buildinss for a cultural arts center for Denton. Under state law,
since these two buildin8 qualified as historical restoration
projects, the tax monies could be used. When the project is
completed, the authorization to use the tax money would lapse. If
1~ equals $40,000 per year, ~e GDAC receives no more private
funding, there are no cost over runs, and the project is completed
at the architects estimates, it would take 5 years of this tax money
to co,plate the project. At that rime, the 6~ tax would drop back
to 5~. The Ar~s Council would additionally receive 4/10 of l~ for
arts prosr~-~_in~ =o be spent on continuiniproJects on the
enhancement of management of arts activities. These ~unds would be
distributed to the 15 member organizations which have a total of
over 1000 members. The attendance at the cultural activities of
these groups ramses between 1~,000 and 10,000 per year. A new
summer cultural festival project would be funde~ with these tax
money. The Historical Commission would receive 6/10 of 1~ for its
uses in various projects such as archival work, development of a
brochure with the convention and tourism bureau focusing on cultural
and historical si:es in the County, special exhibits on historical
markers, and to keep the museum open for lesser hours to name a
few. Mr. Morrisson summarized by thankin$ the Council for their
past support in helpin8 these groups.
Mr. J~m Platt, Manaser of the R~mada Inn of Denton, gave copies of
the state bill ~o the Council Members. Mr. Platt stated that he did
not believe the bill was grouped together with other bills.
Revenues in excess of Il must be used as specified by the law as
passed in =he new leiislation. Mr. Plat: then read 5 reasons the
tax could be raised and how it was :o be used. Mr. Platt stated
that the majority of hotel/motel patrons came to Denton for businesi
purposes and not for arts or cultural reasons. Mr. Platt also
stated that the Chamber of Commerce wes opposed to this tax
increase. Mr. Platt summarized Chat he wes not opposed to the arts
in Denton but that the hotel/motel managers were opposed to the
increase in taxes.
Mayor Stewart stated that he had stayed in lots of hotels while on
business :rips and felt that the tax wes one way that a city could
obtain revenue from
Council Member Stephens stated he believed that the programs of the
Greater Denton Arts Council would help to bring people to Denton who
would stay in motels.
Mr. Platt responded :hat there was a limit on what you can :ax
people and he felt :ha: Chis tax increase needed to be Justified.
Ciey of Deneon City Council Minutes
August 2, 1983
Page Fourteen
Council M~ber Chew asked 2o hear from the Chamber of Commerce.
Bill Brady, President of the Ch~m~er of Commerce, stated tha~ the
Chamber would nmi=her endorse or oppose 2he ordipance:..The Chamber
was categorically opposed to any tax increase t~at ~zo not
all of =he people of Den=on. Brady stated the= he personally
=hough= l= would be a great fee=her in =he cap of Denton to be able
=o say =ha= =he Arts Complex was completed from 2orally donated
funds. Mr. Brady also stated that taxes were very important =o the
Chamber of Commerce and =he Council should wel~h very carefully the
uses of
City Manager Hartung stated that he did not have anything to add but
would answer any questions.
Council Me~ber Chew asked what other cities such as Tyler or
Falls had done in regard to this legislation.
Mr. Clovis Morrisson answered =hat Wichita Fells did use this money
for arts fundin~ and he did not know about Tyler.
Council Member Chew asked if these cities had already enacted this
new law.
Mr. Morrisson see=ed that he did not know.
City Manager Hartun~ stated 2hat =he law was relatively new end that
he suspeo=ed i= had no= been enacted in many
Chew mo=ton to table until =he firs= Council meeting in September,
Barton second. Council Member Chew requested a survey of other
cities and ~ouncil Member Barton asked for a legal opinion.
Mr. Platt stated =he Council would need to know where the Arts
council would get the additional 1%.
City Attorney Taylor responded that · certain percentase of the tax
could be used 2o restore the buildins where the Arts Council would
perform.
Council Member Alford stated that he was concerned that the feelin8
of 2he Council was =ha= more information was needed.
Motion to table carried 4 to 2 with Council Member Stephens and
Mayor S:ewart caseins =he nay votes.
F. The Council considered adoption of an ordinance
srantins consen~ to Acme Brick to use certain streets and alleys for
Sas pipeline purposes.
City Manager flarCung stated Chat 2his was =he second reedinS of the
franchise ordinance which had been approved on first readinS on July
19.
The following ordinance was presented:
NO. 83-86
AN O~DINANCE GRANTLNG TO ACME B~ICK COMPANY, ITS SUCCESSORS
AND A~SIGNS, CONSENT TO THE USE OF CERTAIN STREETS AND
ALLEYS FOR GAS PIPELINE PURPOSES.
Chew motion, Stephens second to adopt the ordinance. On roll call
vote Barton aye a Ho~kin~ ~ye , St~p~ens ~ye a Alford "aye", Chew
"aye", and Mayor "aye". Motion carrleo unanimously.
6. R~solutions
A. The Council considered adoption of a resolution
appointing Assistant City Judges.
33¥
City of Denton City Council Minutes
August 2, 1983
City ManaSer HarCun~ stated Chat the resolution h~d been prepared et
the request of Judge Howard Watt to replace A~sistant City Judse
Crisford who had mowed to Austin.
The followin8 resolution was presented:
%ES OLUT I ON
%~4F~%S, Section 6.03 of the Charter of the City of Denton
authorizes the City Council to appoint Assistant City Judges to
perform the duties end functions of the Ctiy Judse; end
WHEREAS, the City Council deems it necessary to appoint an
Amsiltant City Judge to handle the Judicial functions of Cie
Municipal Court in the absence of the City Judse; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
SECTION I.
Gary Patton and Darlene WhitiSh are hereby appointed
Assistant City Judses of the Municipal Court of the City of Denton,
Texas pursuant to Section 67.03 of the Charter of the City of
Denton, Texas.
SECTION III.
This ~esolution shall become effective from and after its
date of passase.
PASSED AND APPROVED Chis the 2nd day of Ausust, 1983.
~'~CHARD O. STE~A~T,'~YOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLEN, CITY SECKETARY
CITRY OF DENTON, TEXAS
APPROYF.,D AS TO LEGAL FORM:
C. J. TAYLOR, Jif., CITY ATTOP. NEY
CITY OF DENTON, TEXAS
Stephens motion, Barton that the resolution be passed. On roll call
vote Barton aye , Hopkins aye , Stephens aye , Alford aye , Chew
"aye", and Mayor "aye". Motion carried unanimously.
7. Consider employment of Gilbert Associates for
water/wastewater rate study.
Bob Nelson, Director of Utilities, stated that the rate study was
needed at this time. ~llbert end Associates had oonductad an
electric rate study and the cost of service computer prosram could
be used for this water/wastewater rate study. The cost would be
$19,000 and the study would be completed by October 1. The Public
Utility Board had recommended approval.
Council Member Hopkins .stated that the Council had known that this
study would be requestea.
Hopkins motion, Barton second to employ Gilbert Associates for the
water/was=ewater rate study. Motion carried unan~umously.
8. Consider a request for water/sewer service outside the
limits from Mr. Brian Burke on behalf of Mr. W. J. Itoddy on Pass
C£Cy of Denton City Council Minutes
August 2, 1983
Pegs Sixteen
Bob Nelson sC&ted thaC this request
acre mobile home park. 8o~e sewer ·nd water lines would have to be
installed ·nd the City would ·leo need to either purchase a portion
of the lift station that Corinth installed for their system, or
place in escrow funds Chat the City could use in conjunction with
~orinth ~or · future pump ~u the 1ifc station. The Public Utility
Board had recoss~nded approve1.
Barton motion, Hopkins second. Motion to grant the request for
water ·nd sewer services outside the City 1Lmits passed unanimously.
9. The Council considered a request by the City of Corinth
waive water contract provisions.
Bob Nelson stated Chat the Public Utility Board had tabled this item
pending further review and additional technical negotiations with
the City of Corinth. Nelson stated that he would be glad to answer
any questions if the Council requested.
Mayor Stewart aekod Nelson Co report.
Nelson reported Chat the City of Denton has had a contract since
1972 with the City of Cortnt~ to ~u.rnish waCpr.. A _contract
provision is thac Corinth will take a mznLmum amount o~ water ~n~ a
maximum daily average of 100,000 gallons per day. Another prov~szon
of the contract sC·Cee Ch·t, when conditions warrant, Corinth would
need to install an open discharge system with overhead storage,
ground storage and pumping system for CheEr water system. Corinth
was hay/ns some difficulties in financing their system. The water
use h~d ~ncreased Co the point where they w~r~
100,000 average per day on our system eno naa ncc neon ao~e co
fin·nco the installation of ground storage, overhead storage and
pumping. A developer is doin~ extensive work in Corinth at this
time and is presently developing a 500 lot subdivision along IH-35.
Denton has been considered as the wholesale supplier of water for
Corinth in ell of our studies, but Corinith was asking to have the
maximum average raised to 500,000 sallons per day. We have
indicated to t~em Chat we will increase the average daily volumes,
but have advised them that they need to get some ground and overhead
storage. CortnCh is workin~ Cowards this but iC would take aC least
18 months Co complete even if all of the financial arrangements had
been made. They are ·skin& Co wmiv~e contract provision end let
the developer proceed so t~a= the u y could obtain revenues from
the hook-up fees and ~ro~ sales of the water in order to help
fin·nco the improvement Co Choir system. ~.T~.ey are pr~posing to. p~y
the City of Denton $47,500 Co install a l& line tO zncrease tne~r
pressure and flow Co Corinth. Staff is concerned about waiving the
provision due to the possibility of · water line break Just inside
the Corinth city limits which could drain our system at the rate of
about 2400 gallons a minute which would create pressure end flow
problems for Denton. If the Council authorized a delay in the
enforcement of the contract provisions, the Engineering ~taff had
recommended that a flow reeCrictor be placed on the system to limit
the flow to not more than 1000 8allen per minute.
Mayor Stewart asked if Denton would still be required to install the
14" line if Corinth put in the overhead and ground storage.
Nelson responded yes end that the 14" line was programmed into the
Capital improvements P~ogr&m. The line had been delayed partially
due Co budget concerns put some consideration had also been given Co
the potential flow problem.
Mayor Stewart sieged that it would be to the City of Denton's
advantage to let Corinth install the line.
Nelson responded that iC would mean $47,500 worth of financing that
Denton did not have access Co before, and
made to limit the flow, this would aisc allow cot cna oeve~oper co
proceed.
City of Denton City Council Minutes
Ausust 2~ 1983
Pass Seventeen
City Manager Hartung scared thac Chis was a potential policy problem
and several utility related issues were emersln~ from ell areas of
the City. OCher developments on the periph~ry of the City were
precedent which ~uld be se=. Den=on could be puc in · post=ion Co
~ve =o build lacier and lacier distribution lines =o supply w~Cec
Co the customer ci%les and could become a reSlonal u~ility system.
~yor SCewac~ scared ChaC he wis hoc propolfnS the lpproval of
ceque~C~ he was askins quesCionl Co sachet more ~nfo~Cion abou~
the future of Chis water system. Stewart scared =~t he w~s hoc
favor of le~Cin8 Corinth take Den=on water ~o C~ point of
C~ w~Cer pressure for ~ncon) buc ~h~ ~he 14u 1~ would ~ve
be installed ac some C~me in the ~cure Ind wanted Co ~ow if Denton
or Corinth would pay for the line.
Nelson responded C~C ic was Denton~s responiibiliCy Co pay for the
~lCall~cion.
~yor Stewar~ ~hen as~d ~f Chil request was ~ppcoved~_ would Denton
~ve Co ce~burse Co=inCh Che $47,~00 iniC~ll~C~6n fee loc the line.
Nelson responded C~= iC was his undersCandins ~C =he fee would
not be ~ve co be re~bucaed by Denton.
~yor Stewart then scared ChaC another consideration was ~h~
rastr~cCoc would Mve co be placed on the line.
Council Member Chew i~aCed ChaC he would prefer Co wa~ un~il the
~blic Utility Board had reconsider the requel~ and ~de
ceco~ndaCion.
Council Member Stephens a~reed C~C the Council Ihould hear
reco~endacion from the P~.
Council Member Hopkins stared Chac more w~s in~lved C~n who would
pay for the installation of ~hia particular line. ~ce were ~y
ocher ~oniidec~Cions =o be reviewed for ,nnexaCion areal.
SCepheni ~Cion, ~pkins second =o =able the requel~ until the
~blic Utility Bo,rd mide Chair reco~enda=lon Co =he Council.
Morion carried unan~usly.
10. ~e Council considered a reco~nda=ion fr~ the Ai~ocC
~visory Board providin~ for Ce~ina~ion of ~he lease a~ree~nC
between =he C~Cy of ~nCon and H~aSon Buildinsa~ Inc.
B~ll ~lelo~ Senior Administrative Assistant, reported =ha~ Hexason
Build~ss~ Inc. had requested co be released fr~ the lease
aSree~nc. ~ason had not received a h~h response from people
wantini Co build banshee ac the airport. H~ason was current w~h
re, lcd Co C~ir parents =o the CiC~ under Chis ~ree~n~ ~nd the
~occ ~visory Board reco~ends the Ce~inaCion of the lease.
~pkin~ moCion~ Chew second ~o Cermin4~e the lease a~re~en~ with
Hexason. Morion carried unan~oualy.
11. ~e ~uncil considered approval of a contract addend~ with
Fceese and Nichols Inc. ensineers for 1983 innovative alCerna~ive
study for wasCewaCer CresCent pl~nC.
Bob ~lson, D~recCoc of UCil~Cies~ reported ~C the Texas
Dep~rC~nC of Varec Relources could stent Co the City another 10~
fundin~ on certain portions of c~ wa~Cew~=ec cre,t~nC plinc ~f the
portions fell un,er the appropr~2e caCeso~ of innova=Lye
alternatives. Freese an~ Nic~l~ would conduct study 2o analyze
the co,al number of dollars which wai involved ~ =~le
wECh the ~o=encial of approxi~Cel~ $100,000 ~e$200~000 fundt~
from the 'r~as Department of Water ~eaoucces. conCcac= fee
Fceeee ind Nichols w°uldebeCh $~,000. Nelson scared C~= Chis was
very prel~inary bur ~blic Utility Board had reuo~ended
approval.
Ctty of Denton Clty Count11Mtnutes 337
August 2, 1983
P~ge Etthteen
Counctl Member Stephens asked when Fraese and #tchols would complete
the study.
~elson responded the study would take approximately 2 weeks.
Hopktns motion, Stephens second to approve the contract addendum
wtth Freeae and Nichols. Morton carrted unanimously.
]2. The Counct] considered the request for sanitary sewer
service for Bethel Temple Church, 3813 West University, Denton.
Bob Mellon, 01rector of Utilities, stated that the church was across
from Ranch Estates where the new Htckory Creek sewer 11ne was
located. The total cost of the project would be $10,500 wtth pro
rata charges to the church of $$,700 and the City's portton would be
$4,800. The Ctty's cost for the pro, ecS would be taken from bond
funds.
Stephens motion, Chew second to grant the request for santtary sewer
service for the Bethel Temple Church. Motion carried unanimously.
13. Tie Counctl considered a request for Mr. Ben Ptnnell and
Mr. ~ohn King for sanitary sewer service outstde of the City
ltml
Bob gelson, Director of Utilities, reported that the Public Uttltty
Board recommended that the Council table this item to give the
Hickory Creek City Council In opportunity to meet and review the
request.
Hopkins motion, Chew second to table this request until a
recommendation could be received from the Public Uttllty Board.
14. The Council considered approval of f~nal payment request
from Moore Construction Company on ~tndsor Ortve sewer 1the project.
Bob hals°ri'dba Otrector of Uttltttoso reportedofthat Moore Construction
Company completed the sewer portion the gtndsor Ortve
~roject. The project had been completed and ~nspected. The Publtc
t11tty aoard recommended approval of the f~nal payment.
Al~ord motion, Chew second to approve the ftnal payment to Moore
Construction Company. Motion carried unanimously.
15. The Counct1 received a report on changing the stgnal at
Bell and ~tthers.
Assistant City Nenager Svehla reported that extensive work had been
done at this signal. At the du~y meeting of the Ctttzens Traffic
Safety Support Commission, the Commission had recommended
reinstatement of the signal to full cyc]e. Staff had recommended
that the stgnel be removed. Svehle provided the Counctl with
Information on the methods usam to evaluate the need and
3usttftcetton for traffic signals. Ten reasons to remove the stgnal
were given. Slides of accident records of the tnt=rsectton wtth and
wlthout the signal were shown. Svehla stated that the traffic at
this Intersection had been counted on four separate occasions with
TWU tn Session, with TWU out of session, wtth T~U In sesston wtth
the clvtc pool open, and with TWU In sesston with the ctvtl pool
closed end none of the traffic counts met the state warrants for a
full cycle traffic stgnel. The stgnal was put on flash because the
controller tn the signalvis longer functioning. The Senior
Center users had stated that theno
light helped them get in and out of
the Center, bat the problem was not the stgnal ltght but the angle
of parking spaces at the Center which obstructed the view of
trafftc. Svehle stated that a new controller for the stgnal would
cost $3,200 plus $800 par year for maintenance. A new perking lot
at the Senior Center would cost $1,400. Svehle summarized that the
Staff recommended to remove the slgnel and Install stop sfgns and to
realtgn the parktng spaces at the Senior Center.
City of Denton City Council Minutes
~ege Htneteen
Mayor Stewart stated that the problem was the vehicles which cema
south of Bell Avenue did not reduce thetr speed et this intersection,
Council Member Chew questioned the City's liability if e signal wes
installed et an intersection which did not meet any state warrants
for a signal.
Council Member Stephens stated that the Citizens Traffic Safety
Support Commission had recommended returning the signal to full
signalization and the Police Captain of Petrol had also recommended
the return to full signalization,
Svehla replied that Officer Smtthers was referring to the police car
traffic which travelled from City Hall to the Service Center. When
the new Police Administration Building is completed, these trips
would be via another route.
Mr. Dick Kunkle, 610 East College Street, stated that he was
frustrated by the numbers and reports which had been presented es he
had waited as long as 5 minutes or longer on Withers to get on to
Bell Avenue since the light had been put on flash. Mr. Kunkle
suggested that a problem with the survey which had been taken might
be the time at which it wes done as April wes 4 low enrollment
period at TWU. Mr. Kunkle further stated that his children walked
to the civic pool and did not have a red light at the intersection
to help them across the street. He also stated that there existed a
difficulty in pulling out from the pool and turning around to get
into the flow of trefflc and summarized that he wanted to see the
signal put back on full cycle.
Stephens motion, Alford second to relnstata the signal to full cycle
as recommended by the Ctttzens Traffic Safety Support Commission.
Motion carried unanimously.
16. The Council considered approval of an agreement with Arthur
Andersen and Company to provide professional services to the City.
City Manager Hartung reported that the audit proposal from Arthur
Andersen had included $5,000 of contributed services. Arthur
Andersen had made a proposal for uses Qf these services which had
been reviewed and the Staff was reconended that the Council approve
all of the projects. A listing of the proposed services and the
funding sources had been provided tn the agenda materlal for the
Council's Information. A total of $2500 would come from the General
Fund.
Stephens motion, Hopkins second to approve the agreement with Arthur
Andersen and Comp&ny. Motion carried unanimously.
17. The Council recetved a report on East Prelrle Street.
Assistant City Manager Svehla reported that a letter from the City
Attorney's office had been sent to Denton Concrete and no reply had
been received by the Public Works Department,
City Attorney Taylor stated that the letter had been sent directing
Denton Concrete to correct the drainage problems which were leading
to the street deterioration. Taylor reported that he had received e
telephone call confirming that the letter had been received but no
action had been taken to correct the problem. Taylor recommended
that the Counctl authorize the City Attorney to file & suit and
injunction.
Chew motion, Barton second to authorize the City Attorney to ftlea
suit and injunction. Motion carried unanimously.
18, The Council then held a discussion on funding of Flow
Hospital.
Clt~ of Denton Glt~ Count11 Mlnutu 339
August Z, lg83
Page Twenty
lot
City Heneger Hertung stated that there had been s of speculation
tn the i~dia recently on ~het the City was going to do about the
funding of Flew Hosplt&l. This item had been placed on the sgenda
to ~tve the Counc~ Members an opportunity to respond to this
speculetton.
#myer Brewers stated that the Council could not make any decisions
about the fundlng of Flow Hospttsl unttl after the budget
discussions hod been held,
¢ouncll Member Hopkins stated that a dectston would not be pos$tble
at this time es the Council hid not looked at the budget and set11
did not know exactly what the res1 needs of the hospttal were.
Heyor Stewert stated that he. County Judge Cole, Assistant Ctty
Finance Director ¥&rella and Assistant Ctt~ Manager #cKean had met
with the Administrator of Flow to determine the ~tnanctal needs of
the hospital.
council Nember Chew stated that the Council could not make any
decisions until :he Meyer hid given his report on this meeting.
Mayor Stewart stated that the Council would still have to see the
City budget first.
Count11 Nember Hopkins stated the Council needed to know what the
phtlosoph~ of Flow Hosptt&l would be and what type of fac11Ity they
tntended to have.
Mayor Stewart responded that the hospttal would like to build a
doctor's butldtng on the premises, but dtd not know how to fund the
project,
Council Member Hopktns stated that Flow seemed to went to expand and
to have a d~namtc facility.
Mayor Stewart stated that the he believed Flow wanted to provtde
excellent service to the City of Denton. The Flow Hospttal Board of
Directors would work with the future fee structure so that Flow
could finance the hospttel on the fees that tt collected. The
County recognized its responsibility to handle indigent care. At
the meeting wtth the County representatives, City representatives
and the Administrator of Flow. no daciston was made but the hospttal
representatives had stated that there dtd exist s problem with
capital funding ~ue to the need to replace expensive x-ray equipment.
Counctl Member Hopkins stated that there were st111 philosophical
questions to be answered.
Counctl Member Stephens reported that the Flow Hospital Board of
Otrectors's minutes reported that the hospital staff was tn the
process of developing 3 to 5 ye&r plans, The Council could not act
unttl they had an opportunity to review these plans and associated
cost ~iguees,
Counctl Member Hopkins stated that the Council needed to get
together with the Board of Directors and hold a discussion of these
lSSUli,
Council ~ember Stephens stated that he would like to go on record as
believing that Flow should be a full service hospital,
Council Member Hopkins sulmertzed that the Counctl would be holdtng
budget discussion on August 30 and 31 and would consider the funding
for Flow Hoipttel in conjunction with these budget workshops.
19. There was no offtctsl action on Executive Sesslon items of
legal m&ttirs, real estate, personnel, or board appointments.
3A~Ctty of Denton Ctty Counct1Mtnutes
=~August Z, 1983
Pege Twenty-One
At 10=35 p,m. the Council ~econvened Into Executive Sasston, No
o¢~tc~el &ctton was taken.
0972C
341
COUNCIL MINUTES
Au{usC 16, 198~
The Council convened into a ~oint meeting with the Public Utility
Board to receive a report ~rom Gilbert Associates on the 1985
Blectric Rate Study.
COUNCIL
PRESENT= Mayor Stewart, Mayor Pro Tem Riddlesperger;
Council Members Alford, Barton, Chew, Hopkins,
and Stephens
City Manager, City Attorney, and City Secretary
COUNCIL
AI{SBNT; None
P.U.B.
PkESBNT: Bd Coomes and Marvin Loveless*
P.U.B.
ABSENT: Leonard Herring, Jr. and Roland Laney
Mr. A1 Hermann of Gilbert Associates, presented a report on the
various rate class ratios which had been determined by the electric
rate study, Mr. Hermann explained the various designations o£
classes and the changes in the ratios. The detailed data was
presented to the Council in a written report from Gilbert Associates.
Council Member Chew questioned why the class Gl (schools) ratio did
not change.
Mr. Hermann responded that this was one area which the Public
Utility Board did not feel was necessary to change as the revenue
did cover debt service; however, this class ratio was lower than the
system average and he would recommend an increase in the future.
Hermann also stated that it would not be appropriate to change too
much in one rate class.
Council Member Chew questioned a large increase to the primaries.
Mr. Hermann responded that the ratio currently was ~ and that the
~rimaries were producing revenues that covered their cost and more.
he fi{urea for 1985-84 were based on the budget. A b mil increase
had been added to cover the fuel adjustment clause. The total
revenues resulting from the ~ mil increase would product
approximately $58M dollars. The debt service ratio was up to 2.8
based on the new rates. Mr. Hermann stated that this was a £orecas~
only. Ti/PA was expected to change their billing system in 1984 or
1985. Mr. Hermann also reported that the residential class was
below other classes. Specific actions regarding the billing
determinates had been recommended with speci£ic steps for future
rate increases outlined. Mr. Hermann stated that a cost of service
model had been installed on the IBM computer which would afford the
capability of comparing future rates.
Charles Cryan, Utility Department staff, gave a summary of the
schedule of tariffs comparing the proposed rates and the existing
winter and summer rates of the City o~ Denton, Texas Power and
Light, and the Denton County Blectric Co-Operative. Mr. Cryan
stated that the rates would flex from month to month. Even though
the staff was recommending that the rates be increased, there were
still some inequities. This could not be changed dramatically, but
could be set in the right direction. The large commercial classes
should be kept constant in relation to each other. Mr. Cryan
sug,est.d that the R-1 cla,s customers 2/~. have other subsidies
available other than through the utility
eMr. Art Haas, Chairperson of the Blectric Rate Study
Committee, was also present
~City of Denton City Council ~inutes
Meeting o£ August 16, 1985
Pa~e Two
Council Member Riddlesperger stated that a great deal would be
determined by TMPA in the £uture.
Mr. Hermann stated that when the impact o£ the TMPA billing change
was [elt, Denton must be ready.
Council Member Hopkins asked Mr. Hermann how he ~elt about the
philosophy o[ how Denton was treating customers in relation to other
cities.
Mr. Hermann responded that Denton was not out o~ line although the
rates were somewhat higher on some commercial classes. Mr. Hermann
stated that he thought Denton was O[.
Council Member Hopkins stated that all he had read lately stated
that utilities should keep rates constant. The City needed to be
competitive [or industries, but did have a social responsibility to
residential consumers.
Mayor Stewart asked if £uture TMPA costs were considered in
calculating the rates.
Bob Nelson, Director o£ Utilities, responded that the study had
examined the way TMPA was charsing now and tried to anticipate the
1954 rate.
Council Member Riddlesperger asked what percentage o[ power would
the City o£ Denton receive £rom the nuclear plant.
Mr. Nelson responded about 20 percent.
~ouncil Member Hopkins stated that he would like to see the City
structure 10 to 15 accounts under new categories.
Mr. Hermann brie£1y discribed the rate structure ~or the religious
worship category.
The Council convened in to the Bxecutive Session to discuss legal
matters, real estate, personnel, and board appointments. Ho
o~icial action was taken.
The Council then convened into the regular meeting It 7:00 p.m. in
the Council Chambers.
PE~S~NT: Mayor Stewart, Mayor Pro Tem ~iddlesperger,
Council Members Al£ord, ~arton, Chew, Hopkins,
and Stephens
City Manager, City Attorney, and City Secretar~
A~S~NT: None
1. The Council considered approval o[ the Minutes o[ the
resular meeting o[ August 2, 1985.
Hopkins motion, Stephens second to approve the Minutes as
presented. Motion carried unanimously.
2. The Council considered approval o£ the consent agenda.
Riddlesperger motion, Al£ord second to approve the consent agenda.
Motion carried unanimously.
Consent Agenda:
A. Bids and Purchase Orders:
1. Bid #~174 - ~e£use bags
2. Purchase Order #59268 to Cummins Supply in the
amount o[ $~,~1~.$7
City of Denton City Council Minutes
Meeting of August 16, 19g$
Page Three
B. ~lats and Replats:
1. Approval of the £inal plat o£ Gldeon Walker
A~ldttton, CThe Planning and Zoning Cosllission
recommends approval.)
2. Approval of the final plat of Missouri-Paci£ic
Railroad Addition. (The Planning and Zoning
Commission recommends approval.)
3. The Mayor presented a retirement plaque to George Fritz o£
the City o£ Benton Blecttic Production Olvision.
4. Mr. Bdward Cook appeared be£ore the Council regarding
amending the taxi ordinance.
Mr. Cook handed out materials and stated that his purpose in coming
be[ore the Council was to ask that certain portions of the taxicab
ordinance be amended to acco-~odate limousine services. Mr. Cook
stated that his objections were to the portions of the existing
ordinance which speci[ied that the o~nerts name and telephone number
be a[~txed to the s~de and rear o[ the vehicle and that a tax,meter
be ~nstalled. Mr. goo~ d~d not [eel that t~ese provisions ~ere
appropriate ~or a limousine.
Mayor Stewart stated :~at a limousine ~as not a taxicab and ~ould
require a separate lt=ouline ordinance.
C~ty Attorney Taylor stated that an exclusion or amendment to the
existing taxicab ordinance ~as needed but not a separate l~aousine
ordinance. Th~s amendment could be prepared [or Council action
the September 6 meeting.
R~ddle~perger mo:~on, ~tephens second co direct the C~:y Attorney
prepare the ordinance amendment Motion carried unanimously.
S. ~blic Hearings
A. The Council consider~d the petition of Nec1
Tinnarello requestin~a chang~ in zoning froa agricultural
the ~eneral r~tiil (~) classification on a one lcre tract located
along the north side of Shady Shor~s Drive beginning approxi~ately
100 yards east of the intersection of Shady Shores and
service road,
The Mayor opened the public hearing.
Mr. ~o~n Ti~etello spoke in favor of the peri:ion sta:in8 that the
:tact was located ~ust al the Shady $hor~s exit. Mr. Tinnerello~s
brother~ the petitioner~ had operated a restaurant in Lake Dallas
until he lost the lease. Since aany of the restaurant patrons wer~
iron Denton~ Mr. Tinnerello wanted to ~ove to this area which was
closer to Denton. Mr. Tinaerello also stared that this business
would ~ean additional slles tax ~onies to the City. The only
problees had been with the utili~ies. The restaurant would seat
approxiaately 75 peopl~ and be open Tuesday throuih Saturday.
No one spoke in opposition.
The ~ayor closed :he public hearini.
David Ellison~ Development Review Planner, reported that 6 r~ply
for~s had been ~iled with 1 returned in favor and 0 in opposition.
This ires is loclted outside o{ the Denton O~velop~ent Guide
plannin~ area. Ma}or street access is in plic~ and water and sewer
service will be available :brough line extensions. The Planning and
lonin~ :o~lssion voted 4 ~o 1 in favor of the petition.
344 City of Denton City Council Minutes
Meeting of August 16, 1985
Page Four
1. The Council considerod adoption of an ordinance
approving a change in zoning fron agricultural (A) to the general
retail (GR) classification on a one acre tract located along the
north side of Shady Shores Drive beginning approxinately 100 yards
east of the intersection of Shady Shores and the I-3S service road.
The following ordinance was presented:
NO. 83-87
AN ORDINANCE AMENDING THE ZONING MAP DP TH~ CITY OF D~NTON~
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODB 0F
ORDI' NANCBS OF THE CITY OF DENTON, T~XAS, BY ORDINANCS NO.
69'1, AND AS SAID MAP APPLIES TO APPROXIMATELY 1.0 ACAt~ OF
LAND OUT OF THB GIDEON WALIBJl SURVEY, ABSTRACT NO. 1330,
D~NTON COUNTY, TEXAS; AND MOR~ PARTICULARLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE DATN.
Stephens motion, Hopkins second to adopt the ordinance. On roll
call vote Barton '&ye", Hopkins "sye", Stephens "eye", Alford "aye",
~iddlesperger "eye", Chew "aye", and Mayor "aye". Motion carried
unaninously.
B. The Council considered the petition of Morelle Miller
requesting approval of a specific use permit in s single faeily
(SF-7) zoning district. The preperty is located at 704 Audrs Lane
and begins along the east side of Audra Lane approximately ll0 feet
south of Paisley Drive. If approved, the specific use permit would
allow the operation of a day care center for thirty-four ($4)
children in a single family (SF-7) zoning district.
The Mayor opened the public hearing.
Ms. Morelle Miller, the petitioner, spoke in favor stating that one
of her clients wanted to open the day care center. The property had.
been inspected by the state and the Fire Department. Ms. Miller
stated that the property would be leased to Ms. Rosemary Brown who
would operate the day care center.
Ms. Rosemary Erown spoke in favor of the petition stating that there
was a need for this type of service in Denton.
Mr. David Smith, adjacent property owner, spoke in opposition to the
petition stating that the traffic was already a problem and the day
care center would worsen the situation. Mr. Smith also stated that
he believed the children would create a noise nuisance.
No one else spoke in opposition.
In rebuttal to the opposition, Ms. Morelle Miller stated that a
noise problem should not exist as all of the children would not be
outside at the sase time. In response to the traffic issue, Ms.
Miller stated that two entrances existed for the property and an
additional entrance could be added.
The Mayor closed the public hearing.
David Ellison, ~evelopment Review Planner, reported that 12 reply~
forms had been mailed with 2 returned in favor and 2 in opposition.
At the present time, ~s. Brown had state permission to operate a
registered family home, not a day care center. In order to expand,
Ms. Brown would need to move to the new facility and obtain a
specific use permit. Ellison also reported that ample parking space
was available on the west side of t~e structure and that adequate
space was available at the site for recreational facilities.
Density in this area would not be a problem and the staff did not
feel that traffic woul~hibJ a problem. The Planning and Zoning
Co~ission felt that was an exceptional request and
recommended approval by a vote of 5 to 0 with 5 conditions.
City o~ Denton City Council Minutes 345
Meetini of August 16, 1983
Council Member Hopkins asked if access to the [acility would be
available from the street which extended to the north o£ the parkini
area.
Ellison responded that no access should be provided £rom that
location. There should be one way in and out ustni Audra Lane.
1. The Council considered adoption of an ordinance
approving a specific usa permit £or a day care center at 704 Audra
Lane.
The following ordinance was presented:
N0. 83-88
AN ORDINANCE GP~TIN6 A SPECIFIC USR PEIL~IT AND A~ENDING
TH~ ZONING MAP OP THE CITY OP DENTON, TEY~, A~ SAME
~OPT~D ~ ~ APPRND~X TO THR CODR O~ O~DXN~C~ O~ THE
CIT~ 0P D~NTON, T2~, ~Y O~DN~C~ NO. ~9-1, ~D ~ SAID
~P AP~LIR~ TO 70~ AOD~ L~ ~N THR CITY ~D COUNTY
D~NTON, TM~; ~D DRC~ING ~ R~F~CTIV~ DATR.
Chew no~ion, Bar~on second to adop~ ~he ordinance. On roll call
vo~e Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Biddlesperser "aye", Chew "aye", and Mayor "aye". ~o:ion carried
unanizousl%.
6. Ordinances
A The Council considered adoption o~ an ordinance
approvin~ ~ speci[~c use permi~ [or a mobile home park on a 47.06
acre trac~ o~ land In the B. Morris Survey, Abstrac~ ~68, and the
Mary L. Austin Surve%, Abstrac: 4, Denton County, Texas, and being
senerally described as located north of Spencer ~oad and west
Woodrow Lane. The property is presently zoned liszt tndus~rial
This p~ittoa ~s approved a~ · previous Council
The follo~in8 ordin~nce ~ss presented:
NO. 8~-89
~ O~IN~C~ G~TING A SPECIFIC USE P~IT ~D
T~B IONING ~P O[ T~ CITY OF D~NTON, TE~ ~ S~E WAS
~0~ ~ ~ APPI~II TO T~ CODE 0~ ORDIN~CES OF THE
CITY OF DENTON~ TB~ BY 0RDN~CE ~O. 69-1, ~D ~ SAID
~ APPLIES T0 APPROII~TELY 46.40 A~ES OF LAND IN THE
CITY ~D COUNTY OF DENTON, TB~; ~D DECKING
EFFECTIVE DATE.
Hopkins ~otion, Riddlesperser second to adopt the ordinance. On
roll call vote Barton "aye" Hopkins "aye", Stephens "a~e"~ Alford
"aye", Eiddlesperier "aye",~ Chew "aye", and Mayor "aye". ~o~ion
carried unanimously.
B. The Council considered adoption of an ordinance
annexing a 491.1~ acre tract of land located aloni the south side of
Jim Christal Road and west of the exlstini city li~i~.
Mr. ~eorle Hopkins, attorney for ad~acen~ property o~ners, stated
that his clients wished to have the porlion of the parcel ~est
Hickory Creek deleted from the annexation. Mr. Hopkins also sta~ed
that he believed that the creek ~ould make a natural city
boundary,
Council Member Stephens asked how the area west of the creek would
be developed.
Mr. Hopkins replied that the area ~as to be developed in i to 10
acre tracts.
3~City of Denton City Council Minutes
~°Meeting o£ August 16, 1985
Page Six
Council Member Chew asked ii that was the only development in this
area,
Mr. Hopkins stated yes.
Charlie Watkins, Senior Planner, reported that after the public
hearings the City Council had instructed the staff to obtain a
recouendation from the Airport Ad¥isory Board due to the proximity
o[ this area to the municipal airport. The Airport Advisory board
had recommended deleting the portion of the tract west of Hickory'
Creek.
Council Member Stephens asked what could cause the staff to brim8
this issue back to the Council.
Natkins responded that any deviation from the plan for development
which had seen for that area west of the creek would cause the staff
to consider further annexation proceedings.
The £ollowing ordinance was presented:
NO. 85-90
AN ORDINANCE ANNEIING A TKACT OF LAND CONTIGUOUS AND
ADJACENT TO TI41~ CITY OF DENTON, TEXAS; BEING ALL TI[AT LOT,
TRACT OR PARCEL OF LAND CONSISTING OP APPROIlMATELY 229.6
ACRES OF LAND LYING AND B~ING SITUATKD IN THE COUNTY OF
DENTON, STATE OF TEXAS AND BEING PART OF THE ~. DAVIS
SURVEY, ABSTRACT NO. t77, AND G. MEYERS SURVEY, ~.BSTRACT
NO. 843, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; A~D DECLARING AN
EFFECTIVE DATE.
Hopkins motion, Riddlesperier second to adopt the ordinance deleting
from the annexation proceedings that portion west of Hickory Creek.
On roll call vote Barton "aye", Hopkins "aye", Stephens "aye",
Alford "aye", Riddlesperger "aye", Chew "nay"~ and Mayor "aye".
Motion carried by a vote of 6 to 1.
C. The Council considered adoption of a franchise
ordinance with General Telephone Company of the Southwest.
City Manager Hartung stated that Ms. Joann Dean of GTE had asked to
be present when this ite~ was presented to the Council. Ms. Dean
~as ill and had requested that this ordinance be tabled and
presented at the September 5 mew,ins.
Chew ~otion, Barton second to table the ordinance. Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution
applying £or selection to participate in the 1984 "Main Street"
program and [unding a "Main Street" project manager.
Ma. Denise Spivey, Planning Technician, reported that the criteria,
for application for the progras had been met. The project manager
would administer the program which would run for ~ years. There are
currently 15 cities in the program.
The followin8 resolution was presented:
RESOLUTION
~HEREAS, the Texas Main Street Center o£ the Texas
Historical Commission has been created to assist small cities to
City of Denton City Council Minutes 34T
Meeting of Ausust 16,
Page Seven
develop a public-private effort to revitalize their "Main Street"
areas, and five Texas cities will be selected to participate in the
project in 19g4; now, therefore,
a~ IT assoLv o BY TaS CITY COUNCIL OF THI~ CITY OP D~HTON, TSXA8 THAT:
SBCTION I.
The City of Denton, Texas apply for selection to
participate in the 1984 ~tgain Street" program with the specific goal
of revltalising the central business district w~thin the context of
the preservation and rehabilitation of its historic buildings.
S~CTION II.
That the City of Denton will fund and employ a Main Street
Project Manager and provide the manager with travel funding for
trainin~.
T~at the City ~naler be designated to coordinate the
program activities.
P~S~ ~D ~PROV~D this the 16th day oi August, 1985.
CITY 0~ DBNTON,
ATTEST:
CHARLOTT~ ALLI/I~, '~ITY
CITY Of D~NTO~, TB~ '
APP~O~ ~ TO L~L
C. J. TAYLOR, JR., ~ITY ATTO~Y
CITY OP D~NTON~ T~
Stephens ~otion, Che~ second that the resolution be passed. On roll
call vote Barton "aye", Hopkins 'a~e', Stephens "aye", Al[ord "aye",
Kiddlesper~er "aye", Che~ "aye", and ~ayor "aye". ~otion carried
unaniaeusly.
B. The Council considered approval of a resolution
authorizing application for state adzinistered Co~unit~ Development
Block 6rant (CDBG) program.
Charlie ~atkins, Senior Pla~er, reported that this ~as the first
year that the state had ad~inistered the pro~raa.
The [ollo~ins resolution ~a~ presented:
~SOLUT ION
~HKIt~A$, the City of Denton, Texas, has identified
community development needs; and
~RBREA8, the Texas Department of Community Affairs
administers the Texas Co~unity Development Progra~ to assist
community development activities in the State of Texas; NOW,
THEREFORE,
BB IT RBSOLVBD BY T}LE CITY COUNCIL OF THB CITY OF O~TON~ TB~S:
~Clty of Denton City Council ~inutes
~eetini o£ Aulust l~,
Page Eight
SECTION I.
That the City of Denton, Texas hereby applies ~or a Texas
Community Developnent Program Grant under the terms and conditions
o[ the program administered by the State of Texas and upon approval
shall enter into and agree to the understandings and assurances
contained in the application and ~rant.
PASSED AC/D APPROVED this the 16th day of August, 1985.
R~HARD O. STh-~ART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CItARLOTTI~ ALL~N, [I1'I
CITY OF DENTON, TEI~
APPROV~D AS TO LEaL FO~:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON,
BY:
Riddlesper~er ~otion, Chew second that the resolution be passed. On
roll call vote Barton "aye", Hopkins "aye", S~ephens "aye",
aye , Riddlesperier "aye", Che~ "aye", and Mayor "aye". ~o~ion
carried unaninous ly.
8. The Council considered approval o~ ~he S~ate Depar~nent
High~ays and Public Transportation~s proposal prohibiting t~o-~ay
operalton o[ traffic upon the [ronta~e roads of IH-IS iron U. S. 77
north to ~he City lini~s.
~r. ~iiht Byrd, resident engineer [or the S~a~e Departnent
High~ays and Public Transportation, reporled tha~. the s~ate ~as
~he process of ~onple~ing rehabilitation o[ I~ IS. Par~ of ~he
scope of this ~ork included ~he entrance and exit ranps. The design
o~ ranps for t~o-~ay frontale roads di[fered iron one-way. The
ranps [or t~o-~ay fronla~e roads required more ri~ht?~-~y and
f~nds ~ere not available to purchase the addi~ional right oi ~ay at
this time. The only ~ale ranps ~hich could be built ~ould ba for
one-way frontage roads. The ~iih~ay 9epartnsnt ~ould ha~e to have
~he [rontale road design conpleted ~e[ore the rehabilita~ion could
begin. The C~o=~ay service roads iron U.S. ~80 ~o U.S. 77 ~ere no~
beinl considered at the present tine.
Council Menber Riddlesper~er asked ii all o~ lhe frontage roads
norlh o[ Denton ~ere one=way.
Mr. Byrd replied that not all [rontaie roads ~ere one-~a[ no~ bu~
would be ~o~ard the end o~ the project.
Council ~enber Rlddlesper~er asked ii the Hiih~ay Department ~ould
delay the rehabilitation proJec~ until the [ronta~e road issue
resolved.
~r. Byrd responded that was his understanding.
Council ~e=ber Stephens askad if other cities in the County had
passed ordinances to ~ake the irontale roads one-way.
~r. Byrd responded that everyone b~t the City oi Denton had passed
the ordinances.
Council ~e~ber Hopttns asked ~hat ~as the ti=e [rase [or the project.
~r. Byrd replied tha~ the plans [or the renovation ~ould be
completed and under contrac~ in 1984 and :he project ~ould take 4 to
f years to coaplete.
City of Oenton City Council Minutes 349
Meeting of August 16, 1985
Page Nine
Mr. Jim Boswell, resident of Greenwood Estates, stated that he did
not feel that any data had been presented regarding safety [actors.
Mr. J. D. Smallwood, resident of Greenwood Estates, stated that he
did not ttuderstand why the government would not fund the project if
the frontage roads were two-waY. People had an interest in this
area and tho Council had approved development along the service
roads. Mr. Smallwood stated that the Council had a responsibility
to the citizens along those ~rontmge roads and that he would like to
see a variety of service road designs.
Mr. Byrd responded that there were an abundance of ramp designs but
engineering standards change and it had been $0 years since the
existing ramps were built.
Council Member Hopkins asked when the extension to Loop 288 would be
completed.
Mr. Byrd rapl£ed that the contract [or the £irst section would be
let in 1984 and the contract for the second section [rom Sherman
Drive to IH-$5 would be let in 1985.
Council Member Riddlesperger asked if the ordinance designating the
frontage roads as one-way would have to go into effect until after
the repairs Mere completed.
Mr. Byrd responded that they could become ef£ective during the later
part o~ the contract.
Council Member Rlddlesper~er asked if the Council did not commit to
making the frontage roads one way, did Mr. know when the
repairs would be done.
Mr. Byrd replied that he did not know.
~. The Council considered approval o£ setting September 6,
198~ and September
the Municipal Building as dates, times, and place for the public
hearings concerning the petition of Smith Brothers Roping for
annexation.
Charlio Watkins, Senior Planner, reported that th~s was a voluntary
annexation.
Council Member Chew asked if all o£ tAe Smith Brothers Roping
company property was to be annexed or only a portion.
Watkins responded that only a portion would be annexed.
Council Member Chew asked i£ the main building was in the annexation.
Watkins responded that it was not; only the roping arena was
requested.
Council Member Chew stated that he would like to annex all o£ the
Stephens notion, Chew second to approve September 6 and 20 at 7:00
in the Council Chambers for the public hearings. Motion carried
unanimously.
10. The Council considered approval o[ the final replat of lots
i and ~, Block 1, T. N. Skiles Addition.
David ~lllson, Development Review Planner, reported that this was a
165 x 190 foot lot and the intent was to estblish two separate home
lots. All ut~lities were in place but the petitioners were
The
requesting a waiver for~,n000 of improvements to Sunset Drive.
Planning and Zoning ~ission had recommended to waive the
improvenents to Sunset.
350 City o£ Denton City Council Minutes
Meeting of August 16, 198I
Page Ten
Barton notion, Hopkins second to approve the raplat with the
conditions established by the Planning and Zoning Coalission.
Motion carried unantaously.
11. The Council considered approval of a aaintenance contract
with TRtS for the BIS Payroll/Personnel Systea for the period Suly
1, 1983 to June lO, 1984 in the aeount of $11,$50.00.
Gary Collins, Director of Data Processing, reported that this was.
the first year this contract had cone before the Council. The!
aaintenance had been included in the contract last year. ~
Council Meaber gopkins asked if this was soaething the staff could
do in-house.
Collins replied that this contract was for updates in the coaputer
software.
Hopkins notion, Stephens second to approve the contract. Motion
carried unaniaously.
lB. The Council considered a rquest from Mr. Ben Pinnell and
Mr. John H. ling for sanitary sewer service outside of the City
liaits.
Bob Nelson, Director of Utilities, reported that this itea had bean
tabled by the
City Council on August l. The area was in Denton
County
and
in
the
vicinity of Hickory Creek. The residents of
Hickory Creek objected because they felt the proposed developaent
housing would be below standard. The developers have petitioned the
Texas Department of Water Resources for permission to install a
sewer package plant.
Council Meaber Hopkins stated that whether or not the City o£ Denton
approved the sewer line, it would not stop the subdivision.
The Mayor Pro Tea o[ Hickory Creek responded that the area was
outside of the City of Denton service area.
Council Meaber Riddlesperger stated that Benton could not zone the
property.
The Mayor Pro Tea of Hickory Creek stated that the developers could
not subdivided in Hickory Creak's extra-territorial jurisdiction and
that Hickory Creek ~as trying to stop the developaent.
Shirley Spellerberg, Mayor of Corinth, stated teat she had received
a letter froa Benton and Hickory Creek and would work with Denton to
keep effluent out of Lake Lewisvllle.
Council Meaber Stephens asked if the developers were allowed to tie
into the Denton systea, would that put Denton in the position of
furnishing sewerage for everything between Denton and Lake
Lewisville.
Nelson responded yes, but a package plant would be less acceptable.
Rlddlesperger motion, Chew second to take the sewerage into the City
of Denton system or, if the package plant was approved, to have City
of Denton utility staff operate the plant. Motion carried
unaniaously.
1~. The Council considered the request by the City of Corinth
to waive water contract provisions.
Bob Nelson, Director of Utilities, reported that this ires had been
tabled at the August 2 Council meeting. The City of Corinth was
wanting the City of Benton to waive certain provisions of the water
contract between the two cities. The City of Corinth would install
a 14 inch water line and the City of Denton would waive the
City of Denton City Council Minutes
Page Eleven
~rovision calling for storage facilities until May of 1986 to give
orinth time to secure financing for a system of their own. Denton
would install a flow restric~or and would establish rates during
this time. Written parameters would be established for Corinth.
Shirley Spellerberg, Ma~or of Corinth, stated that a 1500 ho~e
developmen~ was planned for Corinth which effectively would double
their pr,,.nt popul.tio.. Du. pro r.ta h the d.v. lop. rs
· ight not proceed. The financing for water system
continued to be a problem.
Bob ~ogan, Presiden~ of Hogan and Razor, stated that his firm had
been contracted for engi~eering services to the City of Corinth.
Corinth has a popula~ioa of 1500 to 1700 people and had not
overlooked the provisions of the water contract with Denton.
Financing would be sought through ~he Texas Department of ~ater
Resources. The city would first be installing ~round storage and
then overhead storage but the financing would take some so~e. Mr.
Hogan stated that bonds would have to be sold.
Hopkins ~otion, Barton second to recommend a 1000 gallon per minute
flow restrictor on the line and waive the conditions until May 1,
1986 ii the 14 inch water line was installed.
Council Member Stephens asked 1£ the Council was required by charter
to receive a recommendation from the Public ~tility Board.
Council Member ~iddleaperger stated that the Council should give a
consensus to Corinth to proceed or not.
~iddlesperger notion, Barton second to call the question. Motion to
call the question passed unani~ously. Motion to recommend a 1000
gallon per minute flow restrictor on the line and waive the
conditions until May 1, 198~ if the 14 inch water line was installed
carried by a vote of $ to 2 with Council Mesbers Stephens and Chew
casting the nay votes.
11. The Council considered approval o£ the 198~ City of Benton
certified tax roll.
City Manager ~artung reported that the tax roll had been available
[or review during the previous week.
Alford notion, Chew second to approve the 1985 City of Denton
certified tax roll. Motion carried unanizousl¥.
1~. The Council considered approval of the adjustment of the
April and June City of Denton supplezental tax roll.
Barton ~otion, ~opkins second to approve the adjustment. Motion
carried $ to 2 with ~ouncil Member Stephens and ~ayor Stewart
casting the nay vo~es.
1§. There was no official action on Bxecutive Session items.
17. No new items of business were suggested.
The Council then convened into the hxecutive Session to discuss
legal matters, real estate, personnel and board appointments.
official action was taken.
With no further items o£ business to consider, the meeting was
adjourned.
CHARLOTTt I~I~L~N,-CFrY
CITY COUNCIL MIMU'i'IS
Aul~ust 30~ 1983
The Council convened into the Special Called MeetinS aC 1:00 p.m. in
the TraininS Room of the Service Center.
PI~ESENT: ~lyor Stewart; Council Members Alford, Blrton, and
~pkins
City ~na~e~, City A~to~ey, and City
~SENT: Mayor Pro Tam KiddlesperSer~ ~uncil Me,ers
and
1. ~ Co~cil considered approval of =he final pla= of lot
block 1, Life~rk Recove~ Center ~dition.
with ~he Life~rk representatives =o e~edi=e =~ approval of the
final plat so t~t const~ction could basin.
Ms. ~nise Spivey, Planntns Tec~ician, reported tha~ this would
a 64 bed alcohol recovery unit =o be located north of
di~covered. The area was zoned Li~h~ Industrial a~d all uciliCiem
~:~:rin place. ~e new can=er would =is into ch, Hickory Cr,,k
line and ~ Li~e~rk Co,oration had submitted a bond for
~ension of water lines.
Mayor S~ewart stated =ha= the Westmate Hospital adm~nistra~ion h~d
complained resardin8 the parki~ siC~a:ion in front of ~he
but had ~de no attempt to use a rear entrance from Mama Drive.
Mayor Stewart asked how the Life~rk Corporation proposed to handle
perkins a= both facilities with the IH-35 fronCase roads were made
Spivey responded that =he frontase ro~ds ~ve adequate accms~ at the
presen~ time and that Mesa ~ive would be used as a secondary route
in the future.
Hopkins mocion~ Barton second to approve t~ final pla=.
Council Member Stephens joined the mac,inS.
Mo=ion carried 4 =o 0 with Council Member Stephens abstainins.
Mayor Pro Tam ~iddlemperser Joined the meetins.
Council Member Stephens an~ ~iddle~perser were in aSree~nt c~t =~
plat should be approved.
2. ~e Council considered approval o~ contracts
~nninsson, ~rham and Ric~rdson (~R) and ~ne ~sineerins for the
desisn o~ the slur~ wall at the new landfill.
~sistan: City Manager Rick Svehla ~=ated that =~ contract from
~one ~ineerin8 wan in =he back-up ~gerial and 8awe the spec~fics
of =he scope of work ~o be acc~plished. ~diCional en8ineerins
would be performed by Henninsson, ~rham a~d ~ic~rdson upon the
completion of the Hone ~sineerins con=tact. The ~ne contract was
for field work which must be completed firs=. Swehla also
that t~ staff ~d questions reSardinS the ~R coaCrac~ costs and
was reco~ended =he Council to approve only ~ ~one ~sineeriu
contract at this
Hopkins mo=lon~ Barton second =o approve the con=tact with Hone
Ensinee=inS. Motion carried unan~usly.
3. ~e ~uncil considered awardins a contract to a risk
~nase~n= fi~ to review =he City's insurance
City o£ D~n~ou ¢l~y Council l~.nuCes I]5,~
MesCin$ of Auiusc 30, 1983
A~sisi:anC C{.Cy ~.nailer {Svehla sta=~d ~ =he Council ~d previously
diacuaaed b~da for CiCy ~aurancs convera~e, espec~lly wor~r~s
compenna~on and liabil~ty. Risk ~na~e~nt fi~ ~d been
cone&cOed Co aiSill insurers needs, Co review Cicy specif~cai~ons,
and cecomnd ~ppropc~Ce ~sur~ce coveraie. ~e sCaf~ reco~ended
Chic the conCrac= for Chis ICudy be awarded Co ~co.
~rion ~Ciou, ~p~n~ iecond Co award the contract co R~co.
Mociou ca. ted u~n~ully.
~ ~ctl Chen encered inCo a discussion of C~ 1983-8&
Prosram of Se~tcei for the Cl=y of ~ncon.
Council Me.er ~ew Joined Che ~eCinS.
iOllC
354
COUNCIL MZNUTES
September 6, 1983
The Council convened into a work session at 3:00 p.m. in the Civil
Defense Room of the Municipal Buildin~ to .hold a dilaualion on the
propoled 1983-84 ~nual Prosr~ of Semites
~SE~: Mayor S=ewar~l ~yor ~o Tea ~iddlesparser; Council
M~bers Alford, Bar=ou~ ~ew, ~pkine~ and S~ephens
City Mau~ger and City ACCo~ey
~S~T: ~ne
~e Council =hen convened in~o a work session ~ 5:30 p.m. =o
discuss ~iCiaCion of annexation proceedings concernin~ a proposed
17 acre subd~vision ou Hic~ Creek ~oad.
~SENT: ~yor S=ewarC; Mayor ~o Tam ~iddlesperser; Council
M~er~ Alford~ Bar=on, Chew~ ~pkins~ and S~ep~ns
City ~na~er, City Atto~ey, and Cl~y Secre~
~S~T: None
~rlia Welkins, Senior Planner, reported C~ since this planned
su~ivt~ton was no= tn close prox~i=y Co City wa=er and sewer
limes, =he developer was proposing ~o uae well wa=er and ink,all a
projects into Chis area and annexation proceedin8s could be
ina=itu=ed for =he area ~00 fee~ from the exiaCins l~i~a. Wa=kine
also reported ~ no herd da~a existed regarding ~ cos= ~
semites =o this ares. Approval for the prel~inary pla~ of
~oposed subdivision was before ~ Council on C~ consent agenda.
· proposal met all of =he a=andards for a develop~nC loca=ed in
=he ex=ra-Cerri=orial Jurisdiction. ~e staff was concerned abou~
~ u=ilities issue.
Bob ~laon, Director of UCili=ies, reported =~ this would be a
fairly high densi=y developmen~ Co be se~iced by walls and a septic
system. Wails eventually depleted ~round water and lowered =he
wa=er =able. ~ia created problems ior ~ral areas which depended
on ~he ~round wa=er. If the septic system began =o fail, a severe
problem would then exist. In C~ paaC when septic systems failed,
=he residan~s would then petition Che Ci=y for annexation =o enable
=~m co Cie in ~o City sewera8e. In =he case of a hish denei=y
developing, all City ra~as would ~ve =o be increased =o offse~ ~
cos~ of ex2endin~ semite ~o =he area. If =he area was annexed
prior ~o development, =he cost of exCendins =~ semite was Che
responsibility of =he developer.
Council Member Riddleaperser as~d how far ~his proposed da~lopman=
was from =he new sewer line.
Nelson responded tha~ i~ was about one mile away.
~uncil Member Chew asked if Che s~aff anticipated other developmen~
in this area in =~e near future.
~arlie Watktna responded ~= no maw place ~d been filed nor was
=he staff seeins much activity in ~his area. Welkins also sCa~ed
=~ =~ prospective developer had indicaced ~= he would no=
proceed with ~he develop~nC if the area was annexed.
Council Member Bar=on asked if =he area was annexed, would =he City
~ve ~o ex=end utility semites.
Nelson responded =~C accordins to Che new subdivision regulations,
=he developer would be required =o ax=end Ci=y utilities Chrou8houC
C~ de. lop.nc. ~o=her advantage Co annexation would be Cha~ =~
Ci2y could preven~ =he insCalla~ion of ~he septic sys~ which would
help Co con=rol =he u~ili~y si~ua=ion from an enviro~en=al
aCandpoin=.
l= was ~he consensus of the Council Co proceed wi~h annexation.
September
Page Two
~ ~o~c21 ~n co,yard inC= ~ regular ~e~in~ a~ 7:00
~he ~eil
~S~: ~yor S~ar~; ~yor Pro T~ Eiddleaper~er; Council
N~ara ~ord, ~on, ~v, ~pk~na, a~
C~y ~nager, C~27 A~o~ey, and 6~7
1. ~ Cou~il c~m.l~ere~ aproval o~ ~he minu~ea
Riddleaperger ~C~on, ~kine second to appro~ C~ m~nuCe, aa
presented. ~Cton carried u~ualy.
2 . ~naenC
~pkine ~c~n, Barton second Co approve the consent a~enda.
ca.ted u~n~ualy.
~nsanC ~enda:
A. Bids and ~r=~ae Orders:
1. B~d ~ 9179 - Pickup 1/2
2. aid ~ 9181 - ~ne ~rkars
3. Bid ~ 91~2 - ~d~o equip~n~
$. Bid ~ 9183 - ~lay Cea~ set
~. ~rc~lt ~dar ~ ~901~ to ~ Se~ica ~mpany
B, Pla~a:
1. ~proval of ~he pralimina~ iu~ivilion pla~
~c~ Pla~ns Subdivision. (~e P~anning and
~ning ~mialion recovers approval.)
2. ~proval o~ ~he prel~ina~ pla~ o~ ~he ~uddell
Street ~di~iou. (~e Planning and Zoning
~ialion reco~nda approval.)
C. Final Pa~n~s:
3. ~blic
A. ~ Council ~ld a public hear~S ~o consider
ann~aCion o~ approx~ely 1~0.~ acres o~ land which bag~na a~ the
lu~eraecC~oo o~ Nayhill Eo~ and Eas~ Nc~Lnney S~ree~ and ex~euds
easterly 250 ~eat e~ther side o[ ~ cen~erline o~ ~at HcXinney
Street up to and ~nclud~ a ~0~ acre tract located on the north
side o~ ~lt N~inney S~reet. (Z-l~90)
~e Mayor ope~d t~ public ~ari~.
3~i~it7 of Denton City Council Minutes
~September 6, 1983
Paqe Three
Charlia Watkins, Seuior Planner, spoke in favor of the petition
sCa=inS Chat 12 reply forms had been mailed with 1 returned in favor
and 1 returned in opposition. The annexation would include
acres on the north aide of F~st Mcl~inney which was the loci=ion of
proposed mobile home park. A variety of land uses, suoh as a Dr.
Pepper plan=, farms, residences, and a Junk yard, ~xistad in the
area. Annexation of the parcel would allow =he City · degree of
control over =he development of the proposed mobile home park.
We=ar and wastewetar service were available. Major traffic aa=ess
would be via a Farm-Marker road which was maintained by the
Fire and police pro=ac=ion would be furnished to =he area.
Mr. La~ont Brown, contiguous property owner, spoke in favor of =he
petition stating that =he 104 acre parcel was his principle
concern. Mr. Brown stated that ho fal= that the 809 unit mobile
home perk would no= be a low density land use as required by
Denton Development Guide. Mr. Brown also sca=ed that he anticipated
traffic problems. He felt Chat Denton was becoming a mobile home
park development center ins=end of a broad based cea=unity with a
variety of housing aa specified in the Denton Develop=ant Guide.
Mr~. Chisenhall, resident of Mills Road, north of the 104 acre
parcel, stated that she did nsc approve of mobile home parka.
According Co Mrs. Chisenhall, a restriction clause was writ=an inca
=he original deed which called for brick orA par=iai brick
construction with 1200 square feet in the home. road had been
donated to =he County and =he residents wanted co main=sin the
neighborhood.
Mr. Tom Kellogg, engineer with Champion Mobile Homes, sca=ed that
his company did os= object Co the annexation.
Mr. ~lndy Barber spoke in favor sCacin~ =haC he had Just purchased
acres in the area and felt thac 809 more families in the mobile home
park would be too high density for the land.
Mr. Roy Glenn spoke in opposition to =he petition stating the= he
felt the annexation benefits would not overcome =he obli~ationa.
Mr. Glenn owns the Dr. Pepper plan= in =he parcel and stated
the tax increase for Cbs plant would be Coo high. He also
that he fei= the cost of the annexation couldno=be Justified. Mr.
Glenn s=a~ed chat he had not received e no=ice of =he annexation.
Council Member Stephens replied Chat Mr. Glenn's name was on the
lis= as having received the reply form.
Mayor Stewart asked Mr. Glenn if he had City we=er and
Mr. Glenn responded the= he had City wa=er. The utilities were not
in question as his primary concern was the =ax situation.
Mr. John McDonald, residing on Ch£solm Road north of East McK£nney,
spoke in opposition stating =ha= he did not feel adequate fire and
police protection could be provided due to =he dis=ante =he police
and fire trucks would have Co =ravel. Mr. McDonald also stated Chat
he did no= believe City services would be provided un=il a future
date.
Mr. Jim Chisolm spoke in opposition stating chat he saw no benefit
from =he annexation to the residents of the area and the= the taxes
would be increased.
Mr. ~enneCh Stout spoke in opposition stating that, although he did
not live in =he proposed annexation area, he felt that traffic would
be a problem and asked if City services would be extended if the
area w&8 ~ot a~nexed.
Ms. Jo Glenn spoke in opposition sCa=inS that =ra£fic would be a
problem. Ms. Glenn felt ~hat the City was ca=erinS to outside
developers and stated Chat she did no= believe this was fair =o the
residents. The area was the proposed building site for a new school
and felt Chat the mobile home park would be
City of Demean City Council Minutes 357
September 6, 1983
Pass Four
The Mayor closed the public bearing.
City ~anagar ~artun~ stated that the City of Denton was
iniCiaCl~ C~ ann~aCion Co ~ possible the developmentr
develop~aC vas vnde~ay ~ore the City besan conai~eraCXon
ann~aC~n a~ could Ca~ place whec~r the area was annexed or
nec. It C~ parcel was ~ad, iC would give C~ City
control. ~ ~Cenai~ of C~ ucilicies was nec a special aid
~ developer buC rather a policy of c~ Clcy. ~e staff felt
in ~ case of ~c=a-ce~lcor~l Jurisdiction subdivisions, iC was
beCCer for C~ new develop~nCa Co participate in the City water and
sewerage sysC~ racer C~n secCin~ up package plants or s~ller
faciliC~ea which may or ~y ~C be operaced In con~o~ance with
re~ulaCiona. ~ a~aff alan falC C~C iC was in the beat
o~ eva=2o~ for the City Co provide for the loa~ range water supply
needs of C~aa areas.
Mayor S~awa~C aa~d Welkins Co respond Co the question re~arding ohs
~Cenaion of uC~liCiea If the area we~e nec annexed.
Charlie WaCkins replied ~C ha ~ew o~ no plans in the CapiCal
Improve~nCa Prog~ ~o extend wace~ and sewerage Co the area this
yea=. ~ de~loper woula pay fo~ C~e extension.
Mayor SCewarC added C~C C~ developer would extend Cbs utilities
accordi~ Co City of ~mCon aCandards and would pay a pro race
Council ~m~ Elddleaper~er as~d WaCkins if ic was true ChaC
City of ~uCon could nec aCop the ~b~le home park develop~nC.
WaCkina respo~ed C~C was
Council ~m~r Step,ns aCaCad c~u the impact would be felt
Council H~ber ~pkins stated chac should the ~uncil nec annex the
area, C~ development would occur quicker as the de~lopar would no~
have co ,pp~r before c~ Plannin~ And Zonin~ Co~isaiou or the
~uncil for approval of plats.
Riddleaper~er ~Cion~ ~rCon second co continua the annexaCion
proceedings. MaCinn carried u~n~ualy.
B. ~ Council considered the peCicion of Daisy ~nch
requeaCin8 a c~e in soninA iron ~wo f~lly (2F) Co the office (O)
classification aC 423 WaaC ~airie. T~ property is located
southeast corner of Weac ~airie and Carroll Boulevard. Z-1595
~e Mayor opened the public hear/~.
Ma. Alice ~ander apo~ In favor of the peCiCion stating C~C she
was raquesC~ the change in zoni~ =o small business for resale.
Mr. ~le E~in, o~er of property north oi c~ area, spoke in favpr
of ~he petition aCaCinS C~C he was the proapeccive purc~aer
~ed M~re estate buC would no= be inCeres=ed in buying the property
with C~ present duplex zoning. ~ proposed office building
chis property would maeC all City of Denton requir~encs and
aC~dards. A curb cuc would ~ ~de on Prairie Street Co 8ive
accea~ ~o the property. Of Che 11 ~ropercy o~ra in the parcel,
all 11 sitned Mr. E~in'a petition for the zoni~ c~e. Of/ice
zouini was C~ lowest zonin~ for such a large parcel and =he of/ice
buildf~ would be a C~ benefit co the City.
No one spo~ la opposition.
~e Mayor ~los~d ~he public hearing.
~ity o£ i~nton ¢i=y Council Minutes
September 6, 1983
David Ellison~ Development ~view Planner, repot'Ced that the field
notes describing the tract may have been in error. An approximately
40 £oot section of the described tract between Carroll Boulevard and
the west proprerty line is believed to ~e .a portion of reserve
right-of-way. One hundred feet of righ~ of way wan ·cquired for
Carroll Boulevard in addition to the original Center Street
risht-of-way which wan approximately 40 feet in width. A variety of
land uses exists in the are·. Tha site does not have direct ·ccess
to Carroll Boulev·rd and the staff felt that Prairie 8treat would
not. be ~dequ·~e ~o carry any intense Craf£ic usage. The office
zonxn8 cAassif:catlon did not offer as many developmnC controls as
the pl·nned development classification. Due to lack of specific
controls, p·rking at the site could ·leo pose problems if the office
classification were used. Older residential nei~hborhoods such as
this one are given priority st·Cue in the Denton Development Guide
and should be given closer scrutini~ation in an attempt Co protect
tha~.
Council Member Chew ·sked if there were ·ny objections Co · planned
development reclassification for the site.
Ellison responded that the PD zoning would be tits mint~aum required
to protect the nei, hborhood. Any additional hi~h'rteff--c inCas, iCy land
use at this site could resul~ in a domino and encourage
additional zoning cheese propos·ls which could nesate the
residential character of the nelshborhood.
Council Member Hopkins ·eked where the ·re· was that the County had
purchased.
Ellison responded that the property bought by the County was north
of West Sycamore.
Mayor Stewart asked if most of the houses in the area were owned by
the people who lived in them or ware they rental property.
Charlie Watkins responded that the 1980 census stated that 1~.$~ of
the households in this ·rea were owner-occupied and the hal·ncc were
occupied by renters.
Council Member Riddlesperser stated that much of the adjacent land
was City owned and Chat the developer wanted to ·cquire this
right-of-way in addition.
Ellison responded that the developer had originally felt that this
portion belonsed to them by right. After rese·rch of the survey
description they discovered that this was not the case and now feel
that they can develop the property without it. They will acquire
the 40 foot strip if possible.
Council Member Hopkins asked if the City owned a strip of
right-of-way ·hove the parcel on Stroud and ·leo on West Sycamore.
Ellison responded that traditionally, the City owned a 20 foot strip
between the east C·rroll Boulevard curb line and any aJoinin
property.
Council Member Hopkins asked how the City then had a ~0 foot
risht-of-way at this location.
Ellison responded that it was Just risht-of-wey that the City
acquired in ·nticip·tion of usase but had not used
Council Member Stephens stated that the City bousht property
aloes the east side of Center Street, ~e entire piece of property
was acquired as opposed to only · portion. This had accounted for
some si the surplus property alon~ Carroll. Some of the ·cocas
property had been sold durin~ the last few ye·rs.
City of Denton City Council Minutes 359
September 6, 1983
Page Six
Council Member Barton sta~ed ~hat the entire lo~s ware Bought as the
City was tt~yin~ not Co destroy or piece meal lots along Carroll.
Council Member Chew asked if the owners had consented to purchase
the land if necessary.
Ellison also yes. In ~ddition this excess right-of-way was a
separate issue which would be brought to the Council in the near
future. There had been an increase in the requests for development
along Carroll and the staff would recommend Chat the Council
me£ntain some right-of-way alons Carroll to control curb cuts.
There was evidence of duplex development alon$ Carroll Boulevard.
Mayor SCewar~ asked if duplex development would have the effect of
upgradinl ~he neighborhood.
Ellisou responded that it would ~e new construction and it would be
residential in character and would be construed as positive.
Chew me, ion, Stephens second to approve the petition.
Council Mam½er Hopkins asked if Mr. Chew's motion was for approval
of the petition as presented or as a planned development.
Council Member Chew responded the moti.on was for approval as
Council Me~ber Barton stated chat he believed the petition should be
resubmitted as a planned development.
Council Member Chew withdrew the motion.
Chew motion to amend the petition to PD zonin8.
~ayor Stewart stated ChaC the petition would have to be referred
back to the Planning and Zonin~ C~mmission; however, Council Member
Chew could sugsest that this be done.
Council Member 6"new withdrew the motion.
Chew motion, Barton seoond to deny the request for office
classification and refer it back to the Planning and Zoning
Commiss~on as a planned development.
Council Member Hopkins stated chat he would also l~ke to see some
possibilities of workin~ with the property owners on disposing of
the City's accels right-of-way.
The Mayor then asked if the petitioner would like to respond to any
of the discussions.
Ms. Alexander stated that most of the people who lived in =he
neighborhood had passed away and there was no one left Co restore
the homes. The petitioners were willin8 to purchase the ~0 foot
right-of-way back from the City.
Council Member Chew stated Chat the Council ha~ recommended ~hat the
petition be referred back Co Planning and Zonin8 for planned
development. Basically, Cha Council was granting =he request bur
wanted more control.
Vote on the motion to deny and refer back =o Plannin$ and Zoning
Commission passed unanimously
C. The Council considered ~he petition of the City of
Denton requestini a chan~e in zoning from agricultural (A) to the
light industrial (LI) classification, and approval of a specific uae
permit for a sanitary landfill, on a tract of land containing 36.082
~i~y of Denton City Council Minutes
uv~eptember 1983
Pase Seven
acres located east of Mayhill Road alon~ the south aide of Foster
Road (also known as ~war~a ~ad). Z-159~ a~ S-171
~e MAyor opened che public bedrid.
~an~=ary landfill. North of ~he si2e are approx.=ely 10 houses '
were also outside of =he Ci=y l~:a. ~is was defined by
notation as res=tic=ed residential. ~cea~ co the lite could be
sewer plan= was pla~ed if =~ l~dfill was ~evelope~. ~is would
a~flc= as ~ew ho~s as possible. Sawer seneca would be
via ~ ~pi=al ~rova~n=a ~os=~. ~e aCa~e ~al=h
=~ically holds two hearins in couJuncCion wiCh a landfill aide.
~e ~aring is for cechnical cons~araCions ~d ~he ocher ia fo=
land uae considers=ions. I~ ~ CiCy zoned =~ land for a landfill,
=he land uae hearin~ would ~ waived and chis ~uld expedite
process. ~e particular area ~= =~ technical =equi=e~n=a and
scarf falc =he site was also appropriate in lish~ of aur=ound~
la~ uses. A fence was planned ~o surround =he aide. ~ site was
co~le=ely out of ~he flood plain.
No one spo~ in oppoai~ion.
~e ~yor closed =he public
1. ~e Council considered adoption of an ordinance
approvins a c~n&a la zon~ns from asricul=ural (A) =o =he lish=
lndus=rial (ii) classification on a =racC of land conCainin$ 36.082
ac=as located east of Mayhill Road alouS =~ aouCh side of
~ (also known as Edwards ~ad).
~e followins ordinance was presented:
NO. 83-91
~ O~I~CE ~DING ~ ZONING ~ OF ~E CITY OF DE~ON,
~, AS S~E WAS ~PT~ ~ ~ ~P~IX TO T~ CODE OF
O~I~C~ OF ~E CI~ OF D~ON, T~, BY ~CE
69-1, ~D ~ SAID ~ ~PLIES TO ~PEOX~T~Y 36.082
OF ~D O~T OF THE G. W~ S~VEY, ~CT NO. 1330,
H~IN; ~D DEWING ~ EFFECTIVE DATE.
ElddleaperSer ~=ion, Chew second =o adop= =he ordinance. On ~oll
call vo~e Bar=on aye _~pkins aye , Stephens "aye", Alford "aye",
Eiddleaparser "aye'~, ~ew "aye", and Mayor Stewart "aye". Mo~lon
carried unan~us ly.
2. ~e Council conaider~ adoption of an ordi~nce
approvins a specific use peri= fo= a sanlCary landfill, on a =racC
of l~nd con=ainins 36.082 acres located eaa= of Hayhill Road ~lons
=he sou~h side of Foster Road (also ~o~ aa ~wards
~e followin~ ordi~nce was
NO. 83-92
~ O~I~CE G~I~ A SPECIFIC USE P~XT ~ ~ENDING
~E ZONING ~ OF ~ CI~ OF D~N, ~, ~ S~E W~
~ ~ ~ APP~D~ TO ~E CODE OF O~I~C~ OF T~
CI~ OF D~ON, T~, BY O~I~CE ~. $9-1, ~ ~ SA~
~ ~PLI~ TO ~O~Y 36.082 A~ OF ~ IN THE
CI~ ~D COUN~ OF D~ON, T~; ~ DEWING
EF~CTI~ DATE.
=iCy oi Den=on City Council Minutes 361
September 6, 1983
Page Eight
Hopkins motion~ Alford second to &dopt the ordinance. On roll call
vote Barton "aye", Hopkins 'ayeU~ Stephens "aye", Alford "aye",
~iddlesparser '*aye", Chew 'aye*~ and Mayor Stewart "eye". Mo=ion
carried unanimously.
D. The Counoil considered =he petition of Richard
Comp=on requesting i cha_~e in zoning from agricultural (A) to the
planned development (PD) classification on an 11.53 acre tract
located along the north side of Robinson Road beginning
approxi~aCely ,4 mile .eaa= of the intersection of Robinson P. oad and
FH 2181 {Teasley Lane). If approved~ the planned development (PD)
would permit :he followin~ land uses:
Duplexes on 6.77 acres
4-plexeS on 1.92 acres
l~creation on .~2 acre
Street r/~ht-of-way 2.~2 acres Z-1598
The l~ayor opened the public hearing.
Mr. Bob representing the spoke in favor of the
Crouch,
owner,
petition stating the= this request was in conjunction ~ith a
previous rezoning o£ 6 acres of adjacent property. 1£ iranted, this
r..oning w°uld'll°Wlp, rc. .ct..,. to .join utiliti...nd .1.o
for the entire to be developed.
No one spoke in opposition.
The Mayor closed the public hearing.
David Ellison, Development Review Planner~ reported that the request
was a logical transi~ion between ~ 400 unit mobile home park Co the
west and the existing planned development which h~d some duplexes
and multi-f~mily restricted land uses. The only lon8 range planninS
problem was that the petitioner had submitted two separate but
obviously related requests. Th~ proposal included a request for a
minimum lot size variance /or the duplexes due Co topographical
problems; however, the proposal for the four-plax lots contained
requests for lots which were in excess of the minimum size
requirements. The Pla~inS and Zonin~ Commission recommended
approval with 4 conditions.
1. The Council considered adoption of an ordinance
approvin~ a change in zoning from agricultural (A) to the planned
develop~nt (PD) olassi£ica=ton on an 11.53 acre tract located along
the north side of Robinson Eoad beginning approximately .4 mile east
o£ the inCers~c~ion of Robinson P. oad and FH 1830 (Teasley Lane).
The £ollow£n$ ordinance was presented:
NO. 83-93
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON,
TEXA~ AS SAME WAS ADOPTED AS A.N APPENDIX TO THE CODE OF
ORDINANCES OF THE C~TY OF DENTON~ TEXAS~ BY O~DINANCE NO.
69'1~ AND AS SAID ~ APPLIES TO APPROXIMATELY 11.53 AC~E~
OF LAND OUT OF THE S. HEMBRIE SURVEY, ABSTRACT NO. 643~
DENTON COUltTY~ TEXA~i AND MORE PA~TICULAItLY DESCRIBED
HEREIN; AND DECLARING AN EFFECTIVE DATE.
Riddlesper~er mo~ion, Hopkins second to adopt the ordinance. On
roll call vote Barton **aye**, Hopkins "aye", Stephens "aye", Alford
"aye", Riddlesperger "aye", Chew "aye", and Mayor Stewart "aye".
Motion carried unanimously.
E. The Council considered ~hepetition of Millie Johnson
requesting a change in ~oning from Cwo family (iF) to the planned
development (PD) classifioa~ion on a lot approximately 69' x ~$$' in
OO~CiCy o£ Denton City Council Hinutes
September 6, 1983
Paso Nine
s£~e located aC the northwest corner of Carroll Boulevard and
Con~ress Street. If approved, the planned development (PD) vould
permit Cha cone~cCion of a 1,628 squats ~ooC o~fice building.
~roper~y ~s more particularly described aa lo~s 1 and 2, block
stroll Par~di~on. Z-l~9
~ ~yor opened the public hearing.
wanted to build a very a~ll office buildins on CBs properS.
~prox~caly one-~l[ o[ ~he ~s in ~he a~ are rental
proper~y. ~re would be only three ~roEeaaional o[~lces in the
buildi~. A larse ~ree on the proper~y ~d crea~ad ai~e plan
probl~s. Several desisna h~ been drafted by 2he archi2ec~ En an
a~or~ ~o aa~ ~ tree bu~ the loca~Eon ~d ~de i~ ~poaaibla
build ~he buildEns and keep the tree. ~e bulld~ ~uld ~ve ~o be
elevated as ~he proper~y was ia ~ ~lood plain. ~e o~ice
buildin~ ~uld be in c~rac~er with 2he ~e~ral area.
~yor Stewart as~d iE the development would include a curb cu~ on
~o~1 ~ulevard.
Ma. Jonson a~a2ed ~ha~ ~he curb cu~ would be on
Mr. Bob ~es, nephew of 2he o~er, apo~ in [a~r o[ ~he
aCa~i~ ~ha~ his aun~ had o~ad several parcels o~ proper~y in
~n~on and each ~e she ~d sold lo~s aha had baeu ve~ careful
w~ was bei~ buil~. Before she consented ~o 2~ sale, Ms.
~d asked what would be pu~ on 2he lo~ and w~ E~ would look 1~.
Mr. Ea~es also s~aCed cha~ he belEeved Ms. Jonson ~d been
conacian~ious in preparinS ~he pla~ed develop~n~ o~ ~hEa lo~.
Mr. J. J. ~t~h, 80~ ~nCo~ S~ree~, s~a~ed ~ ~ was denied a
build~s pe~it ~o add a room on his ~ae. ~ was ~old by ~ha City
E~Enaer C~ hEs proper~y was in the ~lood plain and he could
build on c~ proper~y rebuilt In case hEs ho~ was destroyed.
Mr. ~ich a~a~ed ~ha~ ~did hoc see why ~hia pe~i~iou should be
~ran~ed and his buildinS pe~i~ denied and he was ~ fair o~
petition because ~ balEeved it s~rens~hemed his casa.
No one spo~ in opposi~ion.
~e ~yor closed ~he public hearins.
David Elliaon, ~velopmeun ~viaw Planner, reported C~ 20 reply
fo~a ~d been ~iled wi~h ~ returned in ~avor, 0 En op~eE~Eon, and
2 undecided. ~e sCa[~ expressed concern abou~ ~wo proposals ~ich
the Council ~d heard which would allow high incensely land uae on
~rroll Boulevard. ~ia proposal represented ~he ~ire~ request for
o~lce 2ype land use in ~ area north of Con~resa S~ree~. A day
care cen~er on ~his section o[ Carroll Boulevard was ~ha only
exia2i~ non-residential use. ~s. Jonson had gone ~o srea~ lensChs
~o include ~he neishborhood residents En the various issues o[ the
planed development. ~e s~aff was conceded ~ any o[~ice or
pro~essEonal buEld~n~ would Senera~e ~re tra[~ic 2ham a duplex or
oc~r residen2ial ~ype a~ruc~ure. The curb cu~ on ~ress would be
located approx~a~ely 45 ~ee~ ~rom ~ already ~raffic
in~eraec~ion o[ Consress and Carroll. ~ rear yard se~ back on
proposed site plan was ~ ~o 4 ~ee~ [ro~ ~he ~r~hern proper~y li~.
~ls was considerably less ~n ~ zouins ordnance requires w~n
~ropoaed of[ice use abuses a residential dis~ricC. A mEn,nm og 10
[eec was required under ~ noel zoni~ s2a~ards. A~
~uncil's dirac~ion, Ms. Jonson could ~dify her raq~sC ~o Enclude
~hia condi~ion. Tec~ically, ~ would be feasible Co develop
proposal aa sho~. ~e stall ~d some conca~a rasardins ~he
instruction o[ this type o~ developmen2 in an older residential
area. Pas~ obae~aCiona h~ sh~n Chac when ~ae c~ea
proposals were approved, some proper2y o~ara would decrease
363
City of Denton City Council M£nu~es
Septe~$r 6~ 1983
Page Tern
amount of maintenance on their Croats in anticipation of fuCu.re
zonin8 c~ange requests for themselves. Feedback from .res.idents ~n~
the are, indicated chat, if thil propolal were approved, they wouzo
proposed tract, baleen Wa~ ~k S~r~ and Pearl S~ree~, was a 7000
aq~re ~eeC off,ce d~lo~n~. Xn addi~ion, ~ r~a~ble
prox~y =o =his al~e, was ~he Social Security o~f~ce wnxcn was
vacan~ a~ available ~o= lease. ~ a~aff questioned =~
burden ~rroll Boulevard wi~h fur~r h~r denal=2 l~d uses which
miSh~ ~c=en=ially create a ~iverai~y ~iv~..effec~· .Ca,roll
corridor for c~rc~l en=e~risaa. ~ ~=aff a~ro~ly
denial.
~yor S~ewar= era=ad ~= it seemed ~ha= =he assault on ~rroll
Boulevaed ~d be~. N~roua ~quea=s ~ been before ~he Council
in ~he las= ae~ral ~n~ for of Eice eno planed de~lop~n~a
~rroll. ~ ~yo= as~d if ~he ~raffic would be cona~erably
increaa~ ~ Carroll.
Ellison rapl~d ~ ~hia req~s= would specifically ~pac=
~raffic on ~raas aa =~re was no ~greaa/egreaa from Carroll.
Mayor 8=ewa~ aa~d, in 8amoral, was =his a ve~ wall ~p~ older
nets~or~.
Council ~er Alford aa~ i~ one ~Re one access on ConSre~s which
was close ~o ~he ~raffic ligh~ would cause additional ~raffic
probl~a ·
Elliaon responded ~= a de,ailed =ra/lic s:udy ~d no= be done.
Giveu =he fac~ =~= the access ~uld be approx~ely 40 ~o 45 feet
from =~ =raffic aiBnal, t~re =i&h: be a ~raffic problem during
peak Crawl ~ura. ~ alte~=ive would be a curb cut ?n ~arro}l.
Mr. Ell~on a~,t~ t~t ~ felt the petitioner was t~ng to gzve
t~ Coumcil a p~o?oaal which was superior to ~rroll Boulevard
&cee88 *
Council ~r ~ddle~per~er asked ~f t~ere was an apar~nt complex
acro~e ~rro~l Boulev&rd ~rom t~ proposed
~ayor Stewart re~ponded C~t the apart~nts were a non-con[o~n~
uae and ware t~re before ~rroll Boulevard was consc~cted.
Mayor ~C~a~ aa~ed ~or a rul~ ~rom the City Attorney on how many
a~[i~C~ve ~Ces were required for paesano.
CiCy A~to~y C. J. Taylor replied that a maJori=y vo=e of
~uncil would be all ~ was required aa t~re was
reco~nda~lon from =he Plannin~ and Zonin~ Co~iaalon.
~pkina ~ion, ~iddleaper&er second ~o approve the peti~ion.
~yor Scewart expressed ~ear t~t Carroll Boulevard would ~u~ in~o
ano=~r University ~ve. University ~ive was deaisne~ and
constructed =o ~ve ~raffic and was no lon~er sevin8 t~t purpose.
~ia ~pr~al woul~ be in an area where the ~uncil should protec~
~he ol~r ~i~hbor~de a~ would set a precedent as well as create
a traffic ~ard.
Council ~m~r ~pkina stated ~t he fel~ Ma. Jonson's proposal
would be ~ aeaet to Carroll ~ulevard and did no= ~eel, due =o the
~ture of ~r profession, that this develop~n= would create
additio~l ~ffic pr~bl~.
36~City of Denton City Council Minutes
September 6, 1983
Page Eleven
Mayor Stewart ~8ain expressed the fear than eventually Carroll
Boulevard would be ~ainly commercial businesses and would not serve
to move traffic as it should.
Council Member Riddlesperser scared that the area was rather
i~pacted already and this proposal was the only structure which
could be constructed on this type of
Council Member Hopkins stared that this develop~en~ would be
preferrable to another old home bainS moved in once the lot.
Council Member Riddlesperger moved ~he question.
The motion to approve the petition passed by a vote o£ 5 to 2 with
Rayor Stewart and Council ~amber Barton casting the nay votes.
F. The Council considered the petition of the. City of
Denton requestin~ a change in zoning from agricultural (A) to the
light industrial (LI) classification, and approval of a specific use
permit for a sewage treatment plant, on approximately 235.96 acres
beginning east of Mayhill Road and including propar~y located north
and south and east of Foster Road (also called Edwards Road).
Z-1600 and S-173
The Mayor opeued the public hearing.
No one spoke in favor of the petition.
Mr. Roger Sullivan, adjacent property o~mar, spoke in opposition of
the petition stating that he owned lS acres which would eJoin the
~ewerase plant. Approximately 6 months previously, the Planning and
oning Com~tssion had zoned 40 acres on the other side off
property £or a mobile home park. Mr. Sullivan asked if any thought
nad been given to what the remaining property owners could £oresee '
for the possible use o£ this property. Mr. Sullivan stated that it
did not seem logical to him that he would be the only property o~nar
who would object to a sewerage plant. Mr. Sullivan also stated that
he wanted the Council to either buy his property in the future or
tell him what he could do with the property which was bracketed by a
mobile home park on one side and a sewerage plant on the other.
The ~ayor closed the public hearing.
David Ellison, Development Review Planner, reported that 14 reply
forms had been mailed with 0 returned in favor and 2 returned in
opposition. The Assistant Director of Utilities had included in the
support information a detailed plan for £uture expansions for the
existing sewerage treatment plant. The ztaff felt that the petition
should be approved
future developers JJ only to put a~Jacent property owners and
notice that this area was ~onad light
industrial and not agricultural. This could have si~ni~icant impact
on future development in this area.
Council Member Stephens asked why so many of the reply forms had
been returned as non-deliverable.
Ellison rezponded that the addresses where taken from the tax
rolls. The property may have chau~ed ownership and not been changed
on the tax rolls.
1. The Council considered adoption of an ordinance
approving a change in zoning from agricultural (A) to the light
industrial (LI) classification on approximately 235.96 acres
beginning east of Mayhill Road and including proper~y located north
and south and east of Foster Road {also called Edwards Road).
Pase 'l%relve
The followtu~ ordinaece wu presented:
NO.
AN (HDT/qAI~CE AME~DXNG ~ ZON~ ~ O~ ~ CZ~ O~
~, ~ ~ ~ ~ ~ ~ ~P~ TO ~ ~DE
~Z~ES OF ~ CZ~ OF D~N, T~, BY O~Z~CE NO.
69-1, ~ ~ ~ ~ ~IES TO ~OX~Y 235.96 A~
OF ~ O~ OF ~ G~ W~ S~Y, ~S~T NO. 1330,
~. ~, ~ ~ MORE P~TIC~Y DES~I~ED
~N~ ~ DE~ ~ ~CTI~ DATE.
~ew ~n~ Bar=on ~e=uad =u ~op= =he ordt~nee. ~ roll call
vote Bar,on "lye". ~p~l "~ym", S~ephln~ "aye"~ Alford "aye"
carried un~ly.
2. ~ CO.Ct1 conmtdermd adoption of an ordinence
approv~ a ~pecific u~e peri= for a sewase 2rea~nC planc, on
approx.=ely 23~.96 acres ~sinnt~ easC of ~yhlll ~ad and
~cZudi~ pro. cry l~a=~ norch and souCh and easC of FoeCer ~ad
(also ca11~ ~wards
~e fol~n~ ordinance was
~. 83-95
~ ~,~CE ~ A SP~IFIC USE P~IT ~D ~ENDING
~ ~N~ ~ O, ~ C~ ~ D~ON. T~, ~ S~E ~
~ ~ ~P~ TO CODE OF ~Z~C~ OF
CZ~ OF D~N, T~, BY O~I~CE NO. ~9-1, ~ SAID
~ ~ES TO ~OX~T~Y 235.96 A~ OF~D IN ~
Chew ~=ton, Alford meco~ ~o adopt the ordinance. ~ roll call
vogm Bar~e~ aye . ~pk~ "aye~, S~ep~nm ~*aye", Alford "aye"
Riddlespmr~mr "aye", ~ "aye", and Mayor S=ewar= "aye". Motion
ca~ted ~n~ualy.
G. ~ Co~cil Chen held a public hearin~ on C~ proposed
1983-8~ ~ual ~o~r~ of
~e Mayor opted C~ public hearing.
was the publ~ ~arin~ on ~ bud&et which would =a~ effect
~=ober, ~ ~uld like =o ~ow why t~ 1983-84 pay scales were not
announced pr~r ~o ~ public ~ari~. ~ stated ~= he had asked
for =him info~=ion before and he knew that this was done
in=en=io~lly. In August of 1980, ~ City released a specific pay
scale; ~ felt that it wan by c~ice that t~ infomtion was not
bel~ released. Mr. ~ld also ~Zated t~C, even t~u~h ~ knew t~t
actton~ by previous ~cils were not bindin8 on the present
Council~~ wan~ed =o kn~ if ~ Resolution passed by che Council
in 1980 was ~11 in e~fecc. ~ specifically referred ~o =he
portion, of ~ 1980 resolution which e~tablished as a budge=
priority t~ ~ntmn~ of c~pe~itive salaries for all City
~ployeee In eve~ depar~n~ consistent with the ability of the
t~payers and t~ citXseus oZ ~nton to pay. ~e City survey of
1982 s~aCad ~C t~ Fire ~par~mc needed a 16X increase to be at
~rkeC ,mtn~ buC C~ d~ar~nt received 6 1/tX. Hr. Gold stated
t~C ~ did ~C feel ch~a was compeCiCi~. Mr. ~ld also stated
:ha~ s~ iiref~hte=a telt ~ha~ the proposal for c~r~n~ Eot iire
inapec~lon~ ~uld ~v* an na~a~i~ ~pact on ~ aa~e~y oi the
ciCize~ aa tewer inspect~na ~ld be done. ~ia could reaul~
more fire ~zarde. ~r. ~ld aa~d ~he Council no~ to ~ie t~ hands
oi ~he tireli~h~ara ~n t~ a~e ot increasin~ reven~a for ~he City.
6 ity of Denton City Council Minutes
September 6, 1983
Page Thirteen
Ha. Debts Shelton, Denton ~ne Society, asked the C~uncil Co
consider more funds for more personnel in the Animal Control
Division. The trowing population of people in CBs area had led to a
larger population of animals which were dealt with in Animal
Control. The Denton Humane Society was in support of pet
registration as fees could help of£set the incraesin~ costs of the
anim~_ 1 control program. A stro~ registration program with
penalties for negligent owners was an essential part of the solution
to the stray animal problem. A reduced registration faa for
neutered animals would also be an incentive to pet owners to
sterilize Chair pets.
The Mayor closed the public hearing.
4. Ordinances
The Mayor stated that in most cases, the ordin~nces which would be
presented had been previously considered by the Council.
A. The Council considered the adoption of an
ordinance amending the taxicab ordinance exempting limousines from
the requirements of vehicle le:terin~ and taximeters.
This ordinance had been previously discussed.
The following ordinance was presen:ad:
NO. 83-96
A~ O~DINARCE AMENDING A~TICLE IV "TAXICABS" OF CHAPTER 26
OF THE CODE OF OEDII~ANCES OF THE CITY OF DENTON, TEY~, BY
ADDING A NEW SECTION 26-52.1, EXEMPTING LIMOUSINES FRO~ THE
REQUL~ENTS OF VEHICLE LETTERING AND TAXL~ETEES, AND
DECLARING AN EFFECTIVE DATE.
Stephens motion, Chew second to adopt the ordinance. On roll call
vote Barton aye . Hopkins aye , S~ephens aye , Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor Stewart "eye". Motion
carried un&nimously.
B. The Council considered adoption of a franchise
ordinance with General Telephone.
This was the first reading of the franchise ordinance.
The following ordinance was presented:
NO.
AN ORDINANCE WHEREBY TILE CITY OF DENTON, TEXAS, G~S THE
RIGHT, PRIVILEGE AND FRANCHISE TO GENEP~AL TELEPHONE COMPANY
OF ~ SOUTHWEST, GP.A~T,:E, ~ ITS SUCCESSORS ~ ASSIGNS,
TO CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND
OPERATE IN, ALONG, 0NDE~, OVER AND ACROSS THE PUBLIC
STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND PUBLIC
GROUNDS OF SAID CITY, SUCH POSTS, POLES, WIRES, CABLES,
CONDUITS ~ OTHER APPLLANCES, STRUCTU~S AND FIXTL~ES,
NECESSARY OR CONVENIENT FOR RENDITION OF TELEPHONE AND
OTHER COMMUNICATION SERVICE AND FOE CONDUC. TING A GEN~
LOCAL ARD LONG DISTANCE TEL~HONE BUSII~ESS, SETTING POETH
CONDITIONS ACCOMPANYING THE G~A~T OF FRANCHISE; PROVIDING
FOR AN AI~UAL PAYMENT IN LIEU OF CEETA/N OTH~ PAYMEI~S!
PROVIDING FOR REGULATION AND USE OF THE TELEPHONE SYSTEM,
AND PROVIDING FOR TIrE REPEALING OF CONFLICTING OEDIN~CES
AND FOR PARTIAL INVALIDITY.
~opkins motion, Barton second Co adopt the ordinance. On roll call
vote Barton ye , Hopkins "aye", S=ephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor Stewart "aye". Motion
carried unanimously.
City of D~ncon City Council Minutes 367
September b, 1983
PaSs Fourteen
C. Th~ Councl~ considered adoption of an ordinance
increasinS the hoCel/~otel occupancy ~ax.
The Mayor sCa=ed that the Council would hear one spokesperson for
and one spok~sperson aSains~ th~ proposed Csx ~ncrease.
s~a~ed h~s ~ Co ~he ~c~l for their pan~ suppor~ of culture
~n Denton. ~a~re of ~ boards from ~ha various perfo~ing and
visual, d~splay ar~s ors~ita~2o~s,, perf~rmer~ me.ers o[
historical co~lssiou, m~ers o~ ~cs ~ounc~ and T.A.G. ~ere
present in ~ audience. ~. ~rrissou reported C~t Council
Cha~ ~d as~ ~ o~r c~2iea ~n our ~ed~a~e area ~ere asking
~ncraasl~ ~n these ~nda. Hr. ~aaon ~d aCCeded a meeting o~
C~ no~h T~as res~onal con~nC~on of c~ Texas ~ss~ly el Ar~s
Councils ~nd delelaCes fr~ 10 ci~es ~ere ~n a~Cendance,
~Jori~y of d~lega~as ~n aCne.ante ~d s~ated that ~y were also
~ook~n8 ~or ~ays ~o ~ap ~heae funds. S~a~st~cs aho~ed t~C o[ 52
c~ies In Texas ~Ch a p~ulaCion si 25,000 or more ~h~ch ~ve bo~h
s~gn~canc port,on o~ ~he ~Ce~/~e~ occupancy 2~ [unda
auppor~ o~ ~
~ Mr. Morriaaon a~ao reported in response to the questions of whe~r
=he use of C~se f~ds for ar~8 projects was fair and lesal, that
C~ ~o Council fel= =~C LC w~s [air and =he Texas lesiala=ure had
approved lesislacion in 1979 and ~983, as had the ~n~on
Council. Cu~on~ly. 2he ~n~on Cultural Confedera~ion receives
and the ~n~nC~on/Tour~o~ Bureau receives 3I. Ii =he proposed
ordinance were .adopted, the ~n~on Arts Council would receive
the ~nveu~ion/Tourism Bureau ~uld receive 3% and 1% would be
unalloca=ed. AC C~ end of consCruc~ion of t~ arts complex,
~ .. would drop away from ~he ~s ~unc~l leavtn8 ~% for the
Bureau and 2~ u~lloca~od, ~en the Convention/Tourism Bureau was
ready =o build a convention can=er, Chey would have a full
available ~o ~ wi~h Council approval. ~e CiCy A~orney and the
~Cs ~cil's =we a~orneys ~ve ~led ~haC ~he use of ~hese iunds
for the arcs would be lesal. ~e process for havtns c~ arcs
co. lex buildinss resls~erod as local his=eric lan~rke had besun.
Mr. Morrisson read an except Item a lecher which was received from
Mr. Pe~er FI~ ~on, chief archi~ecCural his~or2an for the Texas
Historical ~ifsion. Mr. N~on ~d been asked by ~he Denton
His~ortcal Co~ssion Co co--n= upon che proposed plans for ~he =we
arts co. lex bu~ldinis. Hr. ~on had replied ~ " ......
conversion of ~se s=~c=ures lnCo the ~nton ~=s Co~ex shows a
sreaC ~eal of ~Si~on and is the type of project =haC other
medi~-sized Texas would do well =o consider." ~e ~=s Council ~d
a poai=i~ vision el ~n=on.
Council ~be= ~iddlaspe~er asbd if the conplex would not be an
a=~rac=ive conven~ion center for certain kinds of conventions.
Mr. Morrisson responded ~ t~ could 8e~e as a partial center for
par~ of ~he ~, bu~ ~her8 '~ould no~ be suff~cien= mee~ins rooms
e~ble the co. lex ~o s8~ as an adequa=e con~u=~on center.
would be roomo h~ever; ~o semite any conven=ion over-flow.
Council Member ~iddlesparser 8=a~ed =~t he believed the complex
would do~lop 8 portion of =o~ which was desener~cinS.
Mr. Morri~mon stated c~2 ~ renova~ion of the Cwo buildinss for
=he ar~s complex was only the firs= s=ep in ~he plans which the Ar~s
Council ~d in mind for Chis area.
Council ~r Riddlespers~r as~d il ~he between ~ City Park
a~ City hll and ~ arcs c~piex w~h ~reacouven~ion center
someday be an aC~ac=tve
OOeOity of l~nton City Council Minutes
September 6, 1983
PaSs Fifteen
Hr. Morrisson responded that the Denton ConveuCion/Tourism Bureau
would have to answer that question.
Hr. Ji~ Platt, unaser of the DenCon Ramada Inn, stated that ha was
not opposed to the arts, but that he felt it was not ethical to tax
the travelin$ public co benefit a local concern. Mr. Platt
that he felt the increase would pose a threat to the hotel industry
es people did notice the increases and hotel/~el m~n~ars misht bm
put in the position of having ~o lower their ra~es =o
co~eCitive. In this c~se, no one would win. Mr. Pla=~ also ral~ed
statutes cal~a for the revenue ~o be u~ed for ~ bu~ld~n~ and
opera=in8 of con~n~on facili~ie~ and ~o pr~=e tourism and
con~n~ions for a city. House Bill 1836 re~ricCa ~he funds =o be
used for ~he ar=~ =o 11. In 1978 ~ Greater ~n=on ArCs Council
received che firsc paints of =~ money. ~re ~s been an
$5,000 per year increase in 2~ r~anue wi=~u~ an increase in
2~ because of =he increase ~ ro~ re=es. Of =~ 106 ci=ie~
T~ss Chat collect ~=el/~=al occupancy ~, ~}9 cities give no
mo~y ~o =~ ar=s, 47 dasi~na=e ~ funds ~o =~ ar~e, 70
deei~naCe ~ney ~o either =he ar~s or ~ historical societies or
both, and 136 cities donate~ ~ney ~o ei~r ~ arts or
historical societies but use c~funds for pr~on of ~he
through =he ~bers o[ C~rce or Visitors Bur~u. Mr. PlaCe
sCaCed =hat ~he ~ney should be ~ed ~o price 2he City and no~
Just ~ ar~s. ~e Greacer ~n~on ArCs Council ~d world wt=h
~nven=~on/V~si=ors Bureau and vice versa and Chars a~uld hoc be
~hrea= from one ~o ~ oC~r. Mr. Plat= sCa~ed C~ ~ believed
~er of Co--rcs should be supported by ~ ho~el/~tel occupauy
~ and the ar~s s~uld be supported by Stands and ~ ci=tzens.
~uncil Member Stephens as~d Mr. Plat= if ~ =hou~hC =ha
Denton ~=a Counctl and =~ Couven~ion/Vis~=ors Bureau
anCa~onis = ~c.
Hr. Pta=2 replied t~t he did no~ and =ha= ~ Cwo Stoups world
very well Cose=her. ~ did feel C~= =his increase could effect
room occupancy oE =he Den=on mo~els and ~= ~ iin~cial por~io~
of =he proposal s~uld be ex~ined very seriously. Hr. Pla=~
Chat if ~he increase were adopted, ~ would su~esc ~ha= =he
~dttional funds 8o ~o =he Cheer of Co~rce.
~ follow~8 ordinance was presenced:
NO.
~ ~I~CE ~DING SECTION 23-2(a) OF ~ CODE OF
~I~CE OF ~E CI~ OF D~TON, ~ TO ~E FOR A S~
(6) P~C~ T~ OF ~ CONSID~TION PA~ BY OCCUP~S OF A
HOT~ R~M IN THE CI~ OF D~N~ T~, ~OVIDING FO~
EF~CTI~ DATE OF OCTO~ 1, 1983.
Council M~ber Stephens sCaCed ~hl~ ~he ~uncil had passed a
resolu~ion i.n =he eprin& in suppor= of the increase and he felC
~his would benefit the entire co~unl=y.
Step,ne mo=ion, Riddlesper~er second Co adop~ ~he ordinance.
roll call vote Bar,on aye , ~pkin~ ~ye , Step,ns aye , Alford .
aye , ~iddlesper~er aye , ~ew aye , and Mayor S~ewar= aye .
Mo=ion carried unanimously.
D. ~ Oounc~l considered adoption of a new min~
hous~n~ and buildin~ standards ordi~nce.
A~eie=an= City ~na~er Rick Svehla reported ~= =~ ~uildin~ Code
Board had approved =~e ~en~nts =o the ain~ ~us~n8 code
~ improve~n=s In =he area of due process. ~e Cl~y Attorney ~d
advised t~= chanSes needed ~o be 2ads.
September $, 1983
Page Sizeen
Council N~er Hopkins alked wha~ were the major revisions.
Svehla rnlpo~ged ChaC Cl~ ,mist revision was in ~he procedure which
~he C~ ~oll~d ~or noYL~lca~n in ~he casa o~ conde~i~ a house
or ~vi~ i~ from i~a si~e.
Council H~r ~pklna ask~ i~ 2hie ordi~e called ou~ any
requ~r~n~a ~n C~ e~r~y conae~aCion area.
Svehla responded ~2 ~ha~ area was nec ~ncluded ~n Chis ordnance.
City ~ar ~rCung ICaCed C~C the energy conae~aCion au~esCion
~d been Mdc nicer Chis o~lnance was in the preparation process.
~o ~oll~i~ ordi~nce was ~resenCed:
~. 83-98
~ ~CE ~ ~ZSTING HIN~ ~USING ~D
~L~G ST~ ~DE, ~TING A N~ N~ MOUSING
BUI~I~ S~S ~DE TO ~OVZDE FOR ~IN~ ST~S
~ ~ HOUSING ~ B~I~ TO ~VIDE F~ ~OC~S
~R ~A~ ~ ~T~ OF D~ECTI~ OR SUB~T~ ~USING
~ BU~I~; TO ~OV~E F~ A P~ OF ~O
~ FOR VIO~O~ ~OF i ~ ~OVIDE FOR A
SE~ILI~ ~E~ ~ TO ~OVIDE F~ ~ ~F~TX~ DATE.
~ew motion, ~pkina ~eco~ Co adop~ 2~ ordinance. ~ roll call
~Ce ~rCon "aye". ~pkina 'Aye", S~ep~ns "aye", Alford "aye"
Riddleaper~ar "ay~~, ~ "aye", and Hayer SCewarC "aye".
carried ~n~usly.
E. ~e Council considered adoption o~ an ordi~nce
~endin8 ~he City of ~n~on pl~binS code.
Aaais~anC City ~ser Svehla s~a~ed tha~ Chis ordi~nce would adop~
the appendices of ~ 197~ Uni~o~ Pl~bin~ ~de. ~se appendices
would require insula~Lon si water and waa~ewa~er pipl~ which were
aubJec~ ~o treez~n~, 8Lye ~ plains inspector authority
require or delete 2~ need ~or water ~esCins on ce~ain pl~bi~
[~yures, lls~ed specii~c ~eriale ~o be used for water and
was~ewaYer pip~, and provided an almanacs ~hod ior providin8
2he combus~ion air for sas appl~cea
-
Council H~r ~pkin~ a~d if ~ ordinance con~ained ~he new
peri2 ra~as.
Svehla angered ~C due ~o the activity in ~hia area, new races
were nec n~dad ~hia year. A revenue ra~e study was being completed
which m~hC ~ a ra~e fecundation.
~uncil M~ber Alford as~d why ~he data on the code was 1979.
CO~e ·
The follcw~ ordi~nce wa~ preianCed:
~. 83-99
OF ~ CI~ OF D~N, ~, BY ~ING ~ ~P~DXCES TO
~ 1~79 ~ITION OF ~ UNI~ PL~I~ CODE; ~OVZDIN~
~ C~TAIN D~N~ ~ ~DM~TS TO ~E 1979 ~ITION OF
~ ~l~ P~I~ CODE; IN~I~ MIN~ PL~ING
P~IT F~S ~ D~ ~ EFFECTIVE DA~.
~vCiTy of Denton City Council Minutes
Septa~aber 6, 1983
Page Seventeen
Hopkins motion, Alford second to adopt the ordinance. O~ roll call
vote Barton "aye", Hopkins "aye", STephen~ "aye", Alford "aye",
Riddlesperger "aye", Chew "aye'~ and Mayor Stewart "aye". MoTion
carried unanimously.
5. .The Council considered The nomination of Mr. Helvin ~ousa
for re appolatment To Place 6 and Hr. Michael Grandey for
re-appointment To Place 8 on the Board of Directors of The North
Taxes H/~her Education Authority.
Riddlesperser motion, STephens second To approve The nominations.
Motion carried unanimously.
6. Mr. Bill Cox appeared before The Council requesting
permission Co bolt newspaper racks imTo CiTy of DeaTon sidewalks.
Hr. Cox stated That he was the wholesaler for the USA Today
newspaper for The CiTy of DenTon. The newspaperw~a new general
interest new.paper and would be entering T~e Dallas Fort WorTh
market in October. Hr. Cox was in the process of securing The
newspaper rack placements and five of these locations were on City
sidewalks. These racks would be £nstalled into Th~ concrete by
drilling four holes and bolTin~ Them down. This would eliminate the
possibility of someone knocking Them over or vandalimin~ them.
Council ~ember Riddlesper~er asked how many racks would be installed.
Hr. Cox replied ThAT approximately 100 would be installed in Denton
at various locations.
Council ~ember Xiddlesperger asked if This was a daily paper.
Hr. Cox replied Chat it was a Honday through Friday paper.
Council Hember Stephens asked where the newspaper was published.
Mr. Cox responded Chat the main office was in WashinSton, D.C.
Council ~ember Stephens asked where The paper which was to be
distributed in DenTon would be published.
Mr. Cox responded ~haC The inlormaCion would be printed via
saTelliTe and beamed To · press in Farmers Branch.
Council ~ember Rlddlesper~er asked ii There would be a southwest
edition with adverTisemenTs from the metroplex area.
Mr. Cox responded not aC £irsT.
Hayor STewart asked if Mr. Cox had liability insurance if someone
were to fall over the racks.
Hr. Cox replied That he was in Th~ process of obtaining coverage.
The installation dace for DenTon would be The weekend of September
16.
Council Hember Stephens asked The City Attorney wkac The City's
liability would be in case someone fell over the racks.
City ATtorney Taylor stated Chat the CiTy's liability would be the
s~me as it was now.
Council Member Bar,on stated That it was his opinion ThaC Tha racks
should be bolted buC also felt That the sTa£f should work with Hr.
Cox to designate The exact location of The racks.
Chew motion, Hopkins second To approve The request. Hotion carried
unanimously.
tlc7 of Denton tit7 Council Minutes 37!
September 6, 1983
Pass E~htean
7. ~ Council conliderad approval of Chan~e O~der #4, Red
c~nse o~der ou t~ lif~ .~a~n. ~tn~ the final ~apecCion
was dete~ t~t t~ air =o~itionl~ system In the control
buildin~ which ~use~ ao~ of ~ control ayst~s fo= t~ variable
aCaSe ~o=~ at t~ lift ataCiom, was only a 1 1/2 ton unit and a
1/2 tom unit was needed. ~ additional $~,000 would ~ needed
install t~ A ~/2 ton uni~. ~ staff ~elt t~t ~eese ~d Nichols
should ~ di~covered this ini=~lly and Freeze and Nichols
·Sreed ~o pay ~ diff~=e~e ~ t~ coat of w~t it would have cost
to install the 4 1/2 tom ~it o=~i~lly ve=aus what C~ ~t~l cost
of the e~e out. ~ c~st ~o the City would be $3,000 and Freese
~d Nit. la ~uld p&2 =~ $2,000 dills=ante.
~pkina ~tion, ~rtou seeo~ to app=ove the c~a order. Motion
ca~ied
8. Official action oa ~acutive Session it~
D. Board
S~ep~ns ~c~on, ~pkiaa seco~ ~o nominate ~ncy Boyd ~o :he
un~ed ~a~ of ~rlea C~an on ~he ~blic Utility Board.
Council ~ 8Cep~na ~aq~s~ed a a~a~us report oa C~ ~bile home
~ubdivialom
~ew motion, Ba~on seco~ ~o adJou~. Hocion carried unanimously.
~e mee~i~ was adJou~ed a~ 10:06 p.m.
1016C
372
CITY COUNCIL MINUTES
September 13, 1983
The Council convened into a work session at 5,30 p.m. in the Civil
Defense Room to discuss the pro~osed 1983-84 Annual Program of
Services.
PRESENT, Mayor Stewart, Mayor Pro Ten Riddles~orgar~ Council
Members Alford, Barton, Chew, Hopkins, and Stephens
City Manager, City Attorney and City Secretary
A~SENT, ~one
City Manager Chris Hartung began the discussion of pro~osed revenue
producing programs.
Bill Angels, Senior Administrative Assistant, reported on the
benefits on animal registration stating that notifying owners of
iml~unded pets is expedited if the pet is registered. The quicker
the ~et is claimed, the less time the Animal Control Division would
have to feed end clean up after the animal.
Council Member Riddlesperger asked who would issue the registration.
Angels responded that Animal Control could administer the
registration.
Council Member Riddlesperger asked if there was any reason why the
veterinarians could not handle the process.
Assistant City Manager Svehla responded that soma veterinarians
would be willing to take over the registration. There were various
methods which could be used including veterinarian registration or a
mail-in registration.
Council Member Riddlesperger asked if there would be an annual fee.
SvehZa responded that there would.
The Council then heard from representatives of David M. Griffith
Company regarding the results of a cost recovery study. Mr. Mark
Epstein stated that the purpose o~ the study was not to maximize
fees, but rather to determine the actual cost of services provided
b~ the City and methods by which the costs could be recovered.
Epstein then reviewed the methodolosy used by David M. Griffith to
determine how costs of services were allocated. The study indicated
that the current fee structure and'pricing resulted in 37.4% of the
cost of services being received in revenue with the City subsidizing
the remaining 62.6%. The proposed fees would result in 68.2% in
revenue with a 31.8% City subsidy. Even with the increased fees, a
certain percentage of the total cost of services would have to be
subsidized.
Epstein then presented over-head projections showing comparisons of
various City services, such as street cuts, ambulance service, fire
inspections, playgrounds, etc., by cost, revenue and percen=age of
cost recovered. A realizable increase in revenues of approximately
$689,385 would be possible. An alternative revenue section was
developed for those services where sn increase in fees would not
create a decrease in demand, such as building permits.
Mr. Frank Coulussi itemized several areas which could most increase
revenues. These areas included air~ort leases, animal impoundment
euthanasia fees, street cut ~ees0 fines for weed violations,
electrical permits, plat and zoning change filing fees, and others.
A preliminary written reports was distributed with the final report
to be delivered on September 20.
City of Denton City Council ~inutes
Meeting of September 13, 1983
Page Two
The Council t~en convened into the special called meeting at 7~00
p.m. in the Council Cha~abers.
PRESENT~ Mayor Stewart, Mayor Pro Tam Riddlesperger~ Council
MezLbere Alford, B~rton, Chew, Hopkins, and Stephens
City Manager, City Attorney and City Secretary
ABSENT: NOne
1. The Council held a discussion on Supplemental Agreement 91
to the ~ay ~berts an~ Lewieville lakes recreational contracts with
the federal government.
Bob Nelson, Director of Utilities, reported that the City of Denton
had entered into a contract with the federal government in 1980 for
the construotion of the Ray Hoberts reservoir. One contract was for
wats: storage and another for reoraational facilities. The cities
of Denton and Dallas were responsible ~or 50% of the initial capital
development and 100% of the operation o~ the recreational facilities
on the project. Many things had resulted from working with the
Corps of Engineers and the City of Dallas during the last two year
in the development of recreational plans. The Texas Department of
Parks and Wildlife had verbally committed to participate in Isle
duHois Park and provide the 50% funding. This would relieve Denton
and Dallas from the substantial azount8 o~ recreation initial
development costs. A tentative agreement had been reached for the
state to operate the recreational facilities.
The supplemental agreement before the Council contained several
issues, including the p=opoled greenbelt corridor. Nelson displayed
slides showing the comparative cost figures from the initial
contract and the supplemental agreement. Included in the agreement
were cost figures for Ray ~oberts reservoir recreational development
costs, L~wisville lake recreational costs, Ray Roberts ~ish and
wildlife enhancement, and the greenbelt corridor. The initial cost
for the City of Denton in the supplemental agreement was ,2.216
million initially and i1.8 million in the future with no o~eration
and maintenance costs.
Nelson t~n reporte~ that state's participation in Lake Ray Roberts
would include the responsibility for Isle du~ois Park, the operation
and maintenance of Ray Roberts, a wetlands development, fish rearing
facilitiel and the greenbelt corridor. The wetland development
would be 7 areas totaling approximately 1000 acres for the purposes
of trapping rainwater and to l~re in seasonal waterfowl. The
greenbelt corridor would be approximately 2,000 feet wide and 6
miles long between L~ks Ray Roberts and Lewisville L~ke. The 1,859
acre corridor would accommodate canoeing and rafting, stream
fishing, horleback riding trails, and areas for walking, hiking and
nature study. The irate had looked at this concept in 1969 and felt
that it was a cost ef£ective alternative to new recreational
facilities at Lewisvilla Lake.
Nelson then reported on the greenbelt corridor coat comparison. The
development of recreational facilities at Lewisville Lake would cost
$4,322,400 with Dentontl share totaling ~561,912. The development
cost of the greenbelt corridor would be ,3,095,100 with Denton
paying ~201,182. Local er~nual charges (total for Denton, Dallas and
the State), including amortization, operations and ~aintsnanca, for
Lewisville Lake would be 1265,230 and $102,438 for the greenbelt.
The total cost of Denton'l sh~re would be *68,960 for recreational
facilities at Lewisville Lake compared to $6,816 for the greenbelt
corridor.
The Corp of Engineers had iubmitted the supplemental agreement to
the Division headquarters in Dallas. Ail of the provilions of the
agreement had been approved except the greenbelt corridor, pending
further information from the Ft. Worth office and public hearings.
v'C~ty of Denton City Council 'Minutes Meeting of September 13, 1983
Nelson concluded by stating that the report was intonded to be
informational only end would be submitted for Council approval at a
later date.
City Manager Chris Hartung commented that the overall plan was a
very exciting prospect for this region and could bm very beneficial
to the people in this part of the state. It was an ex~uaple of
local, state, and federal government working together to provide
long range planning. The original goal of the project was to secure
e water supply, but there was a requirement to develop a recreation
plan. The entities involved were working to fulfil this requirement
in the most cost effective manner and still meet the terms of the
contract.
Council Member Riddleeperger stated that he would like to hear the
general view of those persons in opposition to the greenbelt
corridor. Riddlesperger further stated that with the increases in
population, this type of recreational facility would be needed.
Mr. Roger Hamilton, from the Corps of Engineers, reported that
public notices regarding the consideration of the corridor
recreation plan had been mailed in July. Cost and environmental
impact assessment studies had been completed. The comments which
the Corp had received had either been strongly pro or strongly con.
Persona owning property in the proposed corridor were opposed while
environmental groups and persons living outside the corridor were in
favor. Mr. Hamilton stated that as a result of the interest which
had been generated, a public meeting would be held at 7z00 p.m. on
September 26 in Aubrey for the purpose of giving a brief overview of
the proposal and to solicit comments from all parties.
Mayor Stewart stated that he had been asked if property owners in
the area would be allowed water rights for their livestock.
Mr. Hamilton responded that he was not versed in Texas water law,
but that every effort would be made to make appropriate concessions
with the property owners. If the proposal for the greenbelt was
approved, the Corp would try to acquire only necessary lands with
appropriate vegetation.
Mayor Stewart asked if the size of the proposed corridor might be
reduced.
Hamilton replied that the chart showing the location of the corridor
was only conceptual and did not take into consideration property
lines. The chart displayed the a~ea which contained the proper
vegetation characteristics.
The Mayor then asked if the corridor would primarily be land which
was in the flood plain.
Hamilton responded yes.
Council Member Stephens stated that one of the concerns of the
property owners in the proposed greenbelt area was the issue of fair
compensation. Stephens asked how the Corps of Engineers arrived at
a dollar figure which was considered to be fair compensation.
Hamilton responded that the Corp of Engineers reel estate personnel
would base any land purchases on fair market value by looking et
recent males and making comparable sales decisions.
City Attorney C. J. Taylor reported that in condemnation procedures,
the valuation would be the fair market value of the property the day
the Corp of Engineers took possession.
Nelson also reported that &s part of this supplemental agreement, in
conjunction with the wetlands and the fish retaining ponds, the
Parks and Wildlife Department had asked that certain water rights be
assigned for usage. This assignment would be 204 acre feet per year
from the City of Denton.
City of Denton City Council Minutes
Meeting ot September 13,
Page Four
Council Member Rlddlesperger asked if · portion of the property
which is now privately owned would be acquired as · flood easement.
Nelson =s·~onded that th· area was now privately owned, but during
the develop·ant of ~y Ro~erte this land would be acquired as a
floo~ sas·lent to handle overflow.
Roger Hamilton st·tad that the total greenbelt ·re· would be leas
than 2000 acres with 400 currently owned as flow·ge easements for
the headwaters of Lake Lewisville. These flowage easements would be
converted to fee simple land.
Nelson reported that there was · thought that once the lake was
completed~ the shoreline would be fixed and would never flood.
According to the do~u~ntetion, during a 100 year flood condition on
Ray Roberts Lake, 955 acres would be flooded in the existing channel
·re·.
Mayor Stewart stated that these proceedings were not a public
he·ring But asked to hear frol one representative from the audience.
Mr. Bill Lynch itlted the notice in the newspaper laid that this
would be · public he·ring for input.
Mayor Stewart responded that the public he·ring would be on
September 26 in Aubrey. Stewart asked for the wishes of the Council.
Council Me~/~er Chew st·ted that this had been advertised as ·
request for input, he felt the Council should hear from persons
wishing to speak.
Mr. Elbert Hughes st·ted that due to an influx of horse ranches in
the are· north of A~brey, the land was now selling for &pproxim·tely
$7,000 tO ~9,000 per ·cra. Mr. Hughes reported that he was aw·re of
the envi=on~ent&l groups but the country had been developed unde~
free trade and he felt the greenbelt corridor was a mistake. There
were hundred Of acres sc=rounding Lake Lewisville now with the same
sorts of facilities which were not being utilized. The Army was
projecting 1000 people a day would use the greenbelt corridor and he
~elt this would not occur before the turn of the century.
Council Member Riddlespe=ger asked if Mr. Hughes did not feel
planning should be made now for the turn of the century.
Hughes responded not in this way.
Ms. Ann Powell it&ted that she was 'purchasing a tract of land on old
McKinney bridge road ·nd had Just learned of this hearing. Ms.
Powell stated that her concern was the problem which would be
created for the County and the residents near the project. One
the reasons for development in this ·rea was to avoid expanding
money for parks ·t Lake Lewisville. The Corp has already closed one
park area at Lewisville due to lack o~ funds for operation and
maintenance. There was restricted access to other ·real and parks
due to problems with undesirables.
her reasons for purchasing the land on the old McKinney bridge road
was to avoid traffic problems. According to the map which she had,
~his road would provide acces~ to the greenbelt. Given the funding
problems which the Corp had experienced at Lake Lewisville, Ms.
Powell stated that she felt it would be a mistake for the Corp to
undertake · major ~roJect such as this. She also stated she felt
the greenbelt corridor would create lubs~·nti·l security problems.
The County would be ~orced to improve St. Johns road to handle the
increase in traffic and the Sheriff's office could not adequately
patrol the areas around Le~is¥ille now.
Ms. Jackie Puller, property owner from Aubrey, stated that she lived
closer to the creek than anyone else and would have the public at
her backdoor. If the Corp would negotiate, the price would
~ty Of Denton City Council Minutes
leting of September 13, 1983
Page Five
increase. If property ~a into condem~ation, the cost would be
considerably more. Ms. let then read a portion of a report from
the Corp of Engineers stating that at the present time, the
greenbelt corridor had not received approval by the district
of the Corp. Ms. Fuller also stated that Representative Tip Hall
was on the appropriations com~ittee ~or ~he state ;arks and Wildlife
De~rt~ent and had indicated t~t he would not super% ~unding for
Council Me~= Stephens asked where Ms. ~ller ~d ob2a~nmd
,1100 per acre value figure.
Ms. Fuller res~nded that one of the property o~erm had his
~1100 to ~1150 per acre ~igure had been established as 2he
~. Bill Lynch stated that, although he did own ~ro~rty in
green~lt area, he felt everyone in Denton County s~uld
concerned. Approximately 70,000 acres of l~d for ~ke
~rapevine Lake, and ~y ~ber~8 Lake had already been re,vid
the Co~ty tax rolls which had the e~fec% of rai~ing %he
tax~r's burden. Mr. Lynch also stat~ t~t the only addi~ionml
recreational facilities which would be gained would be
riding trails as c~oes were being launched behind ~ke ~ewisville
n~. ~. Lynch felt that the recreational facilities at ~wisville
~ke ahould be u~raded and the ahore line area s~uld be left o~n
to the public rather than taking addi~ional property ~or the
green~lt.
Mr. ~erald Strittmat~er, Denton resident, a~ated tha~ he was a
s~rts~n and had used the pro~aed greenbelt area ~or hunting and
fishing. The area had now been fenced off and was being us~
dumping. Mr. Stri~t~tter stated that he did not ama any way
the Corp of Engineers could maintain addi%io~l pro~rty when they
did not maintain the property they presently own. · ~. S~ritt~tter
alee stated that if the area was used for nature trails and
horsm~ck riding, the wildlife in the area ~uld be force~ OUt.
8tritt~tter re,fred that an article in Texas Parka and Wildlife
~ga~ine had stated tha~ the ~ark area on the Guadalupe River had
ex~rienced a clean up cam~ign by private i~ividuals. ~e
~ro~aed river ride in the green~lt would be lined wi~h ~er cans.
~. Strittmatter conclud~ by stating t~t the Corp had
~lmd the glass and tramh problemm which exlated at Lewisville
~ke.
Mr. Danny Cagle, Denton resident, stated t~t ~he Corp had releas~
pheasants on their pro~rty on Hig~ay 380 and Rock Hill ~ad an~
the birds were not seen again. Accems wam ~rohibited as the area
wa~ closed. ~e ~rp was selling ~ro~er~y at ~ke ~lla~ which they
either could not or would not maintain. Mr. Cagle also sta~ed
the City of Highland Village had assumed the res~nmibility ~or
park on Lewiaville ~ke and the ~rk was now more ef~iciently
o~ra~e~ and maintained. ~. ~gle concluded by stating that he
would ~ in favor of the greenbel~ if he felt the Corp of Enginee=a
would take care of the property.
Ms. ~ry Betsy, property o~er, sta~ed t~t her objection to the
project was that useful crop land would ~ taken. Ms. ~tey stated
that she felt o~ening the land =o the ~ublic would create
crime problems and that the area would not be ~intained and could
becks mn eyesore.
Mr. Butch stated t~t three-~ourths of t~ residents in the
green~lt area were farmers and he ~elt that the Corp
consider the advantage~ of leaving this land for ~he raising
crops inltead of additional recreational ~au~litiee.
City ~nager Hartung re,fred in relines to ~he various co~en%l
concerning the lack o~ maintenance by the Corpi of ~gineerl, that
the citiel of Denton and Dallas would maintain the greenbelt.
City of Denton City Council Ninut$s S77
Meeting O~ Septenb~r 13, 1983
property was now on the tax ~olla; however, most of the property wes
in the flc~ plain and was ~one~ &g~iaultural. In response to the
torment whiah Mr. St=ittm~tte= ~ad ~a~e c~ce=ning =he ~ua~alu~
airs= cl:~-up, ~=~g a%a=~ ~= this area was un, e= ~iva~e
owne~ehip a~ ~ no~ ~he ~ef~n~lblli~y o~ ~he Corp o~ Enginee~8.
~e security o~ t~o ~rk ~uld no~ be =he =ea~nsibill~y of
Sheriff'S ~nt bu~ ~ld ~ pa~=oll~ by the Park ~anger8.
._~ h=~ung also a~a~e~ ~ =ho ~raf~ic ~o the lake a=ea was going ~o
~ ~ increase wi~h oF wit~ut =~ gree~lt a~ ~h~ was a conce=n.
' Al~er~ve solu~ions were ~ing aonoida=ed fo= ~his problem. ~e
~ ~ program moa= ~he new reae~i~ would develop in the ~utu~e, whether
'-- it was ~eeiden~ial o~ ~ec~ea~io~l.
~e Cou~il ~n adjoined ln~o · continuation of ~he discussion on
the p~o~led 19a3-~4 a~l p=~=am of services. No action was
taken.
CHARLO~I AJ.~r~ CZ~ S~CRL~TARY
1038C
September 20, ~983
~S~: ~yor S~evart; ~yor ~o Tern Riddle~erger; Council
~mbers A1Eord, Bar,on, ~aw, H~kins a~
City ~naser, City A~ormey and City Secreca~
~S~T: None
Barton mo~ion, R~ddle~erger second ~ha~ ~he C~ law ordinance
for five cents a~ ChaC ~e b~geC no~ be cu~, Four o~ the
cents would be dedicated Co th~ s~ree~s · ~yor Pro T~
Riddle~erger s~aged gha~ ghia would be ~iCh 2he understanding ~ag
ghe ~dea was co, ~n effect, ~ncreaee ghe appr~r~ation ~or s~reeC by
[our cents and the [~ed bud~e~ ~oun~ [or ~e I~rel~a would be
deleted from ~he ~bltc ~orks ~artmenCal budge~.
~yor S~ewarr pr~osed co cu~ ~he ~ral Fund budge~ by ~ so as
no~ have a ~ increase. If ~he 2~ ~ncreaae ~a~ u~vo~dable,
3~ ~ncreasa should be ea~arked [or stree~ ~n~enance.
~kins s~arefl cha~ ha [~1~ a 5~ increase ~n C~ee w~h 2~ dedica~ed
[or s~resrs ~ould be required.
Council ~ber ~ew etated ChaC ~n ~as hOC ~n ~vor o~ a
Council ~mber H~k~ns stated ~hat his first ph~lom~hy was uo~ to
cut the budse=, but if cuts were made, he felt =he portion for
m~reecs should buC cut
Council Member St~hens stated tha~ he wanted to hold the
co~s
but =hat the first consideration had =o be w~t was sood for
Den=on. Cuts to the pr~osed budge= could be made, but he felt that
=he ~uncil could not say =ha~ there would be no new =~es.
~e ~yor called the question on Council ~mber Barton's motion.
Bar=on and ~iddleaper~er "aye". Alford. ~?~hens, ~kina, ~ew and
~yor Stewart "nay". ~tion failed 5 =6
~kins motion, Alford second Co le~ a 5g C~ increase and utilize
2~ for streets. H~kins, Barto~[ A}~ford~ and Riddle~erser "aye".
S=~hens, ~ew and ~yor Stswar: nay . Motion carried 4 =o 3.
~e Council =hen convened into the resular meetE~ aC 7:00 p.m,
=he Council ~ambers.
P~S~T: ~yor Stewart; ~yor Pro Tern Riddle~erSer; Council
Mem~rs Alford, Bar=on, ~ew~ H~kinm and St~hens
City ~nager~ City Attorney and City Secre~a~
~S~T: None
1. ~e Council considered ~proval of the Minutes of the
~ecial called mae=in8 of ~ust 30, 1983 and the regular meetin~ of
S~=ember 6, 1983.
Eldd le~ er~er motion, Barton aeco~ to approve the Minutes
presented, ~=ion carried unan~ously.
~e ~yor read a Procla~cion declarin8 S~=~ber 22, 1983
~erican Business Wo~ns Day in ~u=on. ~e Procl~tion was
acc.=ed for the ~erican Business W~ns Association by M~. Johnnie
CtCy Ceuno:L1 MinuCea
l,~me~i_nl o'~ ~.pt:ead:,er 20,, 1983
Pase TW~
2. Con,aeC A~enda
Stephens ~oetoa, Hapkina motion Co approve the Consent i~ende as
presenr~d. Notion c&rrt~d u~Aniaously.
Consent A~eeda:
A. Bids and Purchase Orders:
1. Bid # 9182 RAdio equipment
2. Bid ~ 918~ Soft drinks and ~chines
3. Bid~ 9185 Laboratory supplies
$. Bid # 9186 Automatic sampler equt~.menC
}. Bid ~ 9187 Sampler laboratory
6. Bid ~ 9190 Roof moun~ air condi~oner
7. Bid# 9192 - Office re~odeli~
~ Pur~f~O Order #~9600 Co 8hermes InduaCaries, Inc.
lh~rchaae Order ~$9911 Co Jesse Public for
Mockia~bird e~d Paisley partic~ation
B. PlaCs and ~mplaCs:
1. ~pproval of ~he final plaC of cha ~ple Creek
~diC~a.
2. ~p~o~l of ~a ~i~l ~laC o~ block 22~ Carroll
Pa~k ~di~ion.
3. ~proval o~ ~be ~i~l ~laC o~ loc 6A, block A.
A. ~e Council held a public heari~ ~o consider
ann~ion of ~pr~a~oly 1~0.5 acres o~ land ~ich be~na ac ~e
intersection of ~ill ~ad and Eaac ~iinney Street and ex~ends
easterly 2~0 fee~ either side oi ~he cenCerline of ~s~
S~ree~ ~ ~o a~ incl~l~ a 1~ ac~e ~rac~ located on ~he north
side o.~ ~a~ ~nney S~r~c.
~e ~r ~e~ ~he public hear~.
~arl~ WaC~ina, Senior Plan~r, ~oke in ~avor o~ ~e pe~iCion
r~or~i~ C~C 12 r~12 ~o~s had been mailed wi~ ~ r~cu~e~
favor l~ 3 in ~poai~iou. A ~bile ho~ par~ was ~o me ioca~ea
10~ acres ~Chin area under consideration ~ aannexa~ion. Also
loca~ ~ parcel w~ a ~. Pepper plan~ few houses.
City wa~ i~L=ia~i~ ~e a~exa=ion proceedings in an error= =o
con=rs1 ~=o~h.. If a~ed,, deve~r~ i~ .=his- ar~a ~uld b~
~equi~ =o ob=axe ~provaAa zrom =~e olcy oexore ae~A~men=
p lace ·
Mr. ~oy Glens spoke tn ~polition s~a=inS =ha~ he had ~peared
before Che ~c~l ac ~e previous public hearing In ~posl=ion.
Mr. Glenn's obJec=/on =o ~e an~xaCion was =he C~ sLC~=ion
Glenn ~=eed ~ha= =he Cl=y ~id need ~o con~rol ~row~h and ~ha=
City ha~ been ~ry co~oraCive in dealinss wi~ h~, buc h~ffel=
Chac =hire h~d Co be a oC~p~ place sea.ere on C~es. the
C~es concise Co rise, he was nec sure chaC he could ~et his
obl~acionl on pa~nC of the prier,y.
Council ~m~r ~ew asked ~. Glenn ~ere he li~d.
Mr. Gle~ re,ended ~aC ha lived behind =he Dr. P~per plan~.
Council ~m~r ~ew asked if his ho~ was incl~ed in ~he area ~o be
annexed.
Mr. Gla~ =~liad no.
~80 City Council
Hae=in$ of Sep=ember 20, 1983
Pa~e Three
~. Xenne~h S~ou~ apo~e in ~posi~ion ~o ~he petition s~a~i~ ~ha~
he did no~ believe a mobile home park should be located adJacenz ~o
~e pr~oaed new high school and Cba~ he also belia~d ~ha~ ~ha Cl~y
had over-a~pad ~heir bounds By gi~ wa~er a~ ae~ice
~at in 3 ~o 4 yea=s ~en ~e City would tri ~o anm~ his pr~er~y,
ha would be aaseaed for a=rea~ ~rov~en~a =o r~air =he
~ich =he devel~era would =ear ~.
Council ~mber S=~heas reques=ed ~arl~a Wa=kine of =he S~afi
reload co Mr. S~out'a co~en~s.
~yor S~ewarC re~onded ~haC scats s~aCuCes required ~a City ~o
provide water and sewer co devel~ars ouC~ide of ~he Ci:y l~iCa
~he derelicts paid for the sauces. ~yor SCewar~ also
Chac the mobile home ~ark ~uld be devel~ed ~e~er the pr~er:y
was in the City l~ics or hoC. ~naxation would allow ~he City
control ~e devel~nC.
~. David ~rris, resident of ~he area, a~a~ad ~a~ he drove
roads every day and ChaC ~wo mobile ho~ parka ware in the area
already. ~e ~raffic was hea~ and the road co~icions
~avere. ~. ~rris sca~ed :haC ha did hoc wan~ ~o see more mobile
home parks in ~hia area as Ohs roads could hOC handle ~e burden.
~. ~rria also sca:ed ~haC ha did hoc wane ~o see ~e Cl~y come ou~
into Chis aras either.
Nra. ~ise~all, reaiden~ of the are north o~ t~e 1~ acre pr~oaed
mobile home park, s~aCed ~haC she o~ad 9 ~cres of land. Hills Road
was narrow and heavily ~ravelled and i~ ~he mobile h~e park was
davel~ed :he ~raf~ic would increase. ~e access ou~ of ~ha ~bile
ho~ pa~k would be on Mills Ro~ in fronC of her house.
~iae~all s~aced ~h~ she was 10~ ~n ~avor of ~he ~axa~iom and
was againa~ ~he mobile home park.
~a ~yo~ closed ~e public henri,.
~arlie WaCkins, in re,ones Co ~. S~ouC's q~esCion, a~a~ed Cha~
the acafi had seen some ve~ prel~ina~ sics plans for ~he mobile
home park. ~e traffic would be closely examined.
Riddle~erser motion, ~ew second Co proceed with ~he annexa~ion.
~ion carried unanimously.
B. ~e Council held a public heari~ on ~he pe:iCion
Russell Tr~p requesCinS a cha~e in zoni~ trom single f~ily
(SF-2) ~o ~he :wo f~ily (2-F) classi~icaCion on a 1.~78 acre trace
located between Talia~erro SCree~ and ~e~an Drive. ~e pr~erty
has 286.8 fee~ of frontage alo~ :he ease sid~ of Bolivar StreeC and
13~ ~ee~ oi fron~ase along ~he west side of North Elm S~reeC.
pr~er~y is more par~icularly described as part o~ lo: 2 and all
lo:s 3, 4, ~ and 6, block 2, ~rcer ~diCion.
~e ~yor ~ened the public hearing.
~r. Russell Tr~p ~oke in favor s~a~tnS chaC ~e and ~. David E~in
were co-o~ers o~ ~he. pr~er:y. Ii Ch~ zoni~ ~aa ~pro~d, plans
~re ~o build ~prox~a~ely 23~0 CocaA aqu~re zaeC d~lexa.
ueishborhood presently consisted o~ older ho~s ~ich were mostly.
o~er occ~ied and well k~. ~e pr~oaad d~lexes would bri~ new
cons~rucCion in~o the neighborhood.
No one ~oke in ~posiCion.
~e ~yor closed ~he public hearing.
~vid Ellison, Devel~manC Review Planner, drew a~enciou ~o the
o~ ~he area along north Elm S~ree~. ~. Elliaon r~or~ad ~ha~ some
mul~l-f~ily housing was in ~he area a~ ~here was m~ed land
C£Cy Council Minutes 381
MeeCin8 of September 20, 1983
Pase Four
The ar~ did ha~ a ~r~ re~en~l character and ~he s~aff fel~
~ha~ ~ d~ l~ea ~ould ~ an a~raccive addition co the
nei~h~, ~ d~A~ ~uld furnish a bur[er be~en North Elm
and ~ll~r. E~ and ~liver ~re ~eq~e ~o handle ~he increase
In ~ra~Lc a~ ~e Pl~i~ and ZoninS Co~ission had vo~ed 6 to 0
~o rec~ ~e peZi~loe. Ellllon also s~aced Cha~ 27 r~ly
had been ~led ~ 3 refund ~n ~avor and 3 in ~poaiCion.
1. ~e ~cil conside~ed ad~ion o~ an ordinance
~pro~ a cha~e in zon~ [rom si~le [~ly (SF-7) ~o the cwo
~ily (2-F) clallZ[icacioa om parc o~ loc 2, and all
5 and 6, bilk 2, ~rcer
Barton ~oCion, H~ktn~ lecond Co ad~C che ordl~e. ~ roll call
vote ~r=on "aye~ ~k~nl. "~ye', S=~heni_ "aye", ~ford "aye",
~iddle~erler "aye", ~ew "~y", and ~yor ~CevarC
carried 5 ~o 2 vt~h ~ew and 8cevar~ cal=tu~ the nay voces.
A. ~e Council coultdered ad. eton of a franchise
ordi~nce wi~ ~ral Tel~hone (second readi~).
Ci2y ~er ~u~ ~or~ed ~a~ ~his was the second readi~ as
had been previously
~e [ollo~i~ ordi~uca wal presented:
~ O~I~CE ~Y ~ CI~ OF DENTON, T~, ~S T~E
EIGBT, ~IVI~GE ~ ~CHiSE TO G~ T~ONE CO~
OF ~ SO~EST, ~E, ~ ITS SUCCESSO~ ~ ~SI~NS,
TO ~NS~UCT, ~CT, BUZZ, EQUIP, 0~, ~I~AIN ~D
OP~ IN, ~G, ~, O~ ~D A~SS T~ PUBLIC
S~S, A~S, ~S, B~I~ES, V~UCTS ~D PUBLIC
~O~S OF ~ CI~ 8U~ POSTS, POLES~ ~ C~LES,
~ CO~T~ON S~VICE ~D FO~ CO~UCTI~ A GEN~
~ND~T~ONS ACCO~ T~ ~ OF ~2HISE; ~OVIDING
~ ~ ~ PAY~ ZN LIEU OF C~TAIN O~ PAY~S~
~OV~N~ ~0~ ~T~ON ~ USE
Bar,on mo~on, ~sw second ~o ,d~ ~he ordinance. On roll call
vo~e ~r~ou "aye"~ ~k~ns "aye", S~hens "aye", Alford "aye",
Ktddl~eclec "~yen, ~ev Uaye", and ~yor SCewacC "ayeu. ~Cion
carcE~
B. ~e Council con~idered ad~ion of an ordinance
fueli~ 2~c~s and f~l~ perso~e~ a= =he uen~on ~nlc~a~
City Council I~t. nutes
Meeting of September 20, 1983
Page Five
Bill Anselo, Senior Administrative A~sistant, r~or~ed ~ha~ on
~ua= 9, Che Cl:y had received a lam=er from ~a Federal Avia=ion
~inis~ra~ion ~i~n~ the City 30 days Co pass a ~lin~ ordinate.
~a ordi~nce was draf~ed Ko c~ly wi~ F~ guidelines and had bee~
reau~i~ed Co and ~pro~d by ~e F~. ~elo ~urCher
~a~ Kha ~or~ance of Chis ordinate wan ~hac IK ~uld pro~a~
City ~romliabllicy raa~lci~ ir~ ~r~er f~lini acCivi~iea
~he ~n~on ~nic~al Ai~or~.
~yor SKewar~ asked Ai~or~ ~gar Clin~ Lynch ~aC was ~e
Cha City had received cha
Lynch re~onded Cha~ during.an in, action, the ~ had found faul~
wX~h CheF~ed ~aae ~eracor'a fuelini procedures a~
~yor Scewar~ asked ~f o~her ci~ies had Chess iueling ordi~ncea.
Lynch re~onded yes.
Council ~ber S=~hens amid if ~he ~o~= ~ser made
inapec~ious, ~y did =he F~ fi~ Chess problems and no~ ~he manaser,
Lynch re~onded =ha~ some of =he viola=ious had been ou-soinB.
F~ would ask for ~hl~s Co be corrected ~ ~uld ra-inspec~ and
=hen have to ask asain.
Council ~mber H~kina asked if =he viola=ions were c~e o~ all ~1
fa~s on =he ai~or=.
Lynch rep lied ChaC ~. SCrickler's fuelin~ facili=ies were
co~ liance.
Council ~mber Chew asked Co hear from Hr. Bill Smith r~resenCin~
~roami=h.
Mr. Smi=h s~a~ed Cha= the ordi~nce had been ~ra~ verbaC~ from
F~ lis= and was ve~ unrealia=ic. Mr. Smi=h also ara=ed =ha= ~.
S=rickler did no= co~ly wi~h all of =he =e~a of =ha ordinance.
All of =he problema lis=ad in =he leC=er from =he F~ has been
answered by ~roemi=h wt~h the exc~=ion of =he Cites on ~he ~uel
trucks. ~e ordi~nce require~n~ for an i~u= fil=er oq the fuel
Cask and fuel truck would cost ~roamich ap~rox~aCely $10~000
install. If =he ordinance were ~o be effec=ively ~diaCely, this
would place a burden on ~roami~. Mr. Smith a=aced char under =he
presen= system, =he fuel was filtered 3 =~es. I= la filtered as
8oea in=o ~he a=orase ~a~, ~en i= ts Cakes ou~ of ~he =a~, and
~en ic ia p,,~ed from the fuel C~ck into =he ai~lanea. Mr. Smith
pr~osed =ha= the Council ~able ~he ordinance and refer iC back
the Ai~or= ~viao~ Board and Co receive addt=ional i~uC from
someone ocher Chart the F~. ~. ~mi~ concluded by a=a~i~ =haC =he
procedures ouclined in =he F~ lea=er were no= re~ula=ions bur
ra~her reco~enda=ions and =haC he fel= ~ha~ o~her ordinances from
other ti=isa should be reviewed Co see if they were aa
Bill ~8elo rebu=~ed =ha~ Mr. Bob Smith and Mr. Or=ho ~nderson of
~rosmi=h had aC=ended the Ai~or~ ~viso~ Board ~eCinS ~en Chis
pr~oaed ordinance had been reviewed and had bean in asreemenC wi~
the provisions of =he ordinance wi~h the exc~=ion of =he floaCa=ioz
device in the ~uel Ca~. ~elo also s=aCeg =haC al=ernaCivea fo~
=his provision were available in the ordinance.
ClinC Lynch a~aced =ha= the obJec= of ~he ordinance was ~o ensure
delivery of unconC~inaCed fuel =o aircraft in a safe ~nner.
ordinance would es=ablish s=a~ards for all iueli~ aC =he
ai~orC.
~yor SCewar= asked if Che ordinance would be effac=ive ~edia~ely.
Lynch re~onded ChaC =ha ~or= ~viso~ Board had discussed
allowing a reasonable c~e for t~lementacion.
City A~Corney Taylor s=aCed ~a= ~he ordi~nce ~uld hoc So
effec= until 10 days after irs pasaase by =he Council.
¢iCy Oo~mc~.l l~l.nuces 383
l'leetinS of S~e~er 20, 198~
Pass 8~
~-~olo seated ChaC durt~ ~e~r discussions on en~orc~enC o~ the
pr~oa~ o~l~nce, c~a~o~ ~v~ao~ ~oa~5 h~ ~eCe~inad ~aC
s~a o~ ~e iC~a muse be do~ ~diaCely.
~uncil ~be~ ~c~hena aCaced chaC there were q~aCiona ~ich
neode~ Co be ans~ad comoe~i~ the CiCy'a liability.
~uncil ~e~ ~kina aCaCed ~aC he would l~e co know ~aC ocher
cities ordina~ea ~equi~ and how the ordinances were enforced.
Riddle~e~er notion, ~kina second Co cable chis iCem unCil the
OcCobe~ $ ~eCi~. ~C~on ca~iad u~n~ual2.
C. ~a ~uncil considered ad~C~on of au ordinance
~provi~ a cha~e in zoai~ f~om Cwo ~ily (2F) Co Che planned
dsvel~nC (PD) olaaa~icaCiom co pe~i~ the conaC~ucCio~ o~
1,628 square ~ooC o~ica buildin$ on lots 1 and 2, block
Pa~k ~diCion. Z-1~99
David Elliaon, Oevel~nC Eeview Planner, sCacad ~aC Che~e was
new ~m~omCion on Chis ~eCLcion ~lch the Council had previously
~evia~d.
~e ~ollovi~ o~dinance vas presented:
MO. 83-101
~ O~I~CE ~ING ~ ZON~G ~ OF ~ CI~ OF D~ON,
T~, ~ ~ ~ ~ ~ ~ ~P~ TO ~ CODE OF
O~I~CES OF ~ CI~ OF D~TON, T~, BY O~I~CE NO.
69'1, ~ ~ SA~ ~ ~PLIES TO LOTS 1 ~ 2,
P~TI~Y DES~IB~ ~IN; ~D DEWING ~ EFFECTI~
H~kins ~=ion, Bar,on se=ond ~o ad~= =he ordinance. On roll call
voCe ~r=oQ "aye'~ ~kiQ; "aye", S=~hens "aye", Alford "aye"
Riddle~e~er "aye", ~ew "aye", and ~yor S~ew~== "aye". ~ion
carried u~n~us
D, ~e Counoil considered adop Cion of an ordinance
se==i~ min~ wases fo~ =~e Ci=y of ~nCon cons=~c=ion ProJec=s.
Aaais=an= CiCy ~er Sv~la r~or=ed ~hac 8 area ci=iea had been
surveyed ~o de~e~ne ~a~ wases were being paid. All ~=ions for
de=e~i~ Chess wasea had been discussed wi~h =he Ci=y ACCo=ney.
~e lar~er ti=isa, such aa ~llaa and Fort Wot=h, used h~her wa8es
=hah ~e a~lle~ ci=ia~.
Mr. Bud Sha~e, Ca~en=er's Union, ~oke ara=ins =haC a law sui~ had
been filed ~o allow a Judse =o ~e =he decision on wasas. Mr.
~a~a also a~a=ed ~ha= Che p=~osed Schedule A wases were way our
of line. ~ly ci~ies had bean con=ac~ed re8ardin~ =he wases and no~
con=fac=ors. ~e Ci=y of Den=on nigh= be viola=inS =he Iaw if ~hls
ordnance were passed.
Council ~mber H~kina asked if Mr. Sha~e had a schedule ~ich he
fel= was ~=e acc~Cable.
Mr. Sha~e re~onded =ha= =he Federal EeSis=er wases were acc~=able.
~uncil ~e= ~kina a=aCed ~ac he would like =o hear ~a= =he
Ci=y A=~o~ey had =o say abou= ~he le~allcy o~ =he o~d~nce.
Cl=y ~orne2 C. J. TaFlor aca=ad~Cha~.~he ordnance was
Che law ~ioh required =he Cl=y ~ou~cll =o make a sudsy
curren~ p=evaili~ wa~ea bei~ paid in ~e Cl=y of Den=on for use
fu=ure con==ac=s.
City Council Minutes
~eetin$ of September 20, 1983
Pa~e Seven
Assistant City Manaser Svehla r~orCed ~haC the staff had
~llaa, Piano, Gr~evine, For~ Worth, ~lins~on, ~aqui~e, ~n~y,
~emn and ~nison. Based on all of ~he infomCion ~ich was
obCained, ~e a~aff had used the hisheaC rates ~ich were u~ad ~n
~ese ciCies in che area su~y.
Council ~ber ~ew asked if ~e acaff had au~yed con=rac~ora or
cities.
Sv~la re~ouded ~e sudsy had been of ci~tas.
City ~na~er ~r~u~ s=aced ~a= =his was ~he info~ion
~hese ci=ies were usin~ ~o co~ly with ~he s~ law.
Council ~ber Sc~hena asked S~hla if Schedule A was beinS used
denarius =he pay scale for the Police Buildi~ project.
Svehla re~onded ~ha~ he was noC sure but believed ~e Federal
Re, is=er was beE~ used.
Council ~ber S~hens s~a~ed Cha~ he had as~dhis question
w.. ...
parCicular job.
John ~rshall, ~rchasing ~ent, aCa~ed ~ha= =hie was a revised fo~
os ~a~ =he City had used for several years. ~e hourly wages were
revised a~ dif[eren~ =~es. ~ese were min~ re=es only and did
no~ dictate che actual wa~es ~ich were paid.
Council ~mbar S=~hens s=a~ed =ha= he did hoc re,tuber
Schedule A before.
Svehla re~onded ~ha= this Schedule A was a c~ila=ion of
sudsy da~a.
S=~hens mo~iou, ~ew second ~o ~able to inves=i~a=e ~eCher
City would be in co~liance wi~h ~e law.
Council M~ber H~kins a~a=ed ~haC ~. ~a~e should furnish
CiYy Attorney with any ~r~riaCa infom=lon.
~ew, S=~hens, H~kins and Eiddle~er8er =o table. Bar=on,
Alford, and ~yor ~=ewar= nay . ~iou =o =a~lecarried 4 =o 3.
E. ~e Council considered ad~ion of an ordinance
se~in8 ~he electric re=es.
Bob Nelson, Direc=or of U~iliCiea, r~or=ed =ha~ Chis ordinance was
the result of a ionS process ~ich included the Electric ~te Review
Co~i~=ee study and reco~e~a=ions ~rom Gilbert and Associates.
~e results from the studies indicated a rec~nded average
increase of 7.6% =o be effective on November 1. Nelson 2hen ~ave
brief ove~iew of 2he different race clas~es and a a~ of
old and new re=es for ~he classes. ~e ordi~nce would be a
towards a more realistic cos= of se~ice race. A co~arison was
aho~ of City re=es and TP~L and Den=on County Electric ~era=ive
charSes.
Council ~mber Eiddle~erSer asked if the char~ of the
co~arisons included =he TESCO pr~oaed ra~e increase.
Nelson re~onded that i= did noC. Nelson also r~o~Ced =ha= the
ordinance addressed =he issues of resale re=es, a ~100 theft of
se~ice charge, a $15 reconnect chares, a $20 charse for re'"reading
of ~ers a~=er ~he second readinS [f no probl~ was discovered, a
~ ~tar ~es~ fee, and a $10 char8e for checks returned for
insufficient funds. Nelson s~a=ed ~ha~ ~he a~ruc=ure of =he races
was beins changed =o help track "on de,nd" char8ea.
C~Cy Council 14inures
l~necin$ of S~9~ember 20, 1983
Page El~h~
The followi~ ordinance wan
NO. 83-102
~ ~I~CE ~I~ SECTION 2~-21 OF C~ 25, CODE
~CES ~OV~ F~ ~E~IC UTILI~ ~S; ~OVIDING
A S~ILI~ ~SE~ DEWING ~ EF~TI~ DA~.
Riddle~er~er ~Cion, Bar,on second co ad~ ~he ordi~nce. ~ roll
call ~e ~rCon "aye", ~kins ,"aye", SO,hens "aye", Alford "aye",
Eiddle~er~er "aye'r, ~ew "aye', and ~yor $cawar~ "aye".
carried u~n~ualy.
F. ~a Council considered ad~ion off an ordi~nce
cbs abandomnC of an eaaamen~ ~or ~ha O~ Hill ~diCion for
Tr~p.
Bob Nelson, Director of U~il~ies, r~or~ed ~aC ~he eas~n~ ran
dia~o~lly across the
~a iollowt~ o~di~nce was presented:
~. 83-~03
~ O~I~CE ~OVIDING FOE ~ AB~~ OF A UTILI~
~ WI~IN ~ CI~ OF DE~ON ~ A~IZING ~E
~Y~ TO ~EC~E A QUITC~IN DE~ CO~ING ~
TI~ ~ IN--ST OF ~ CI~ IN SAID ~E~ TO THE
O~ OF T~ ~ OF ~ CO~ED BY SAID ~E~
DECKING ~ E~I~ DATE.
S~heua ~ion, H~kin~ second ~o ad~ the ordinaoce. On roll
call ~e Barton"~e", ~kins "aye", SO,hens "aye", Aliord "aye",
Riddla~erSer "aye , ~ew "aye", and ~yor Stewart "aye". ~cion
carri~ u~n~ous ly ·
H. ~e Council considered ad~ion off an ordinance
ad~i~ ~he 1983-84 City of Denton b~se~.
~yor SCawar~ s~aCed Cha~ the budseC had b~en discussed many ~es
by ~he ~uncil durinS cha pas~ ~ew ~eka.
Council ~r S~hans acaced ~hac chanses could be made as uhe
C~y ~naser had s~gescad. ~ese ~ncluded pos~onins non-essential
purchases un~il mid-year.
~a follo~ ordi~nce was presented:
NO. 83-104
~ O~I~CE ~PTING ~ B~ET FOE T~ CI~ OF D~TON,
~, FOR ~E FIS~ Y~ BEGI~ING ON OCTOB~ 1, 1983,
~ ~DI~ ON SEP~ ~0, 1984; ~D DECKING
E~CTI~ DATE.
H~kins moCiou~ Aliord second Co ad~C ~he ordinance. ~ roll call
vo~a Bar,on "aye", ~kins "aye", Sc~henm "nay", Alford "aye",
ad~C ~he budget passed by a vo~e oz
I. ~e Council couaidered ad~ ~ion of an ordinance
aaCCin8 Che ad valo=em C~ race.
SC~hen~ mocion Co aec a C~ race of 51~ per $100 evaluation.
~Cion died for lack of a second.
per $100 evaluation with 3~ Co go directly Co the
~8(~ City Council Minutes
liseCin8 of Se?Cember 20, 1983
P&$e Nin~
~dd~e~eFge~ not,on, H~k~n8 second co idac an oFd~ince setC~
the C~ rate lC 56~ per $100 eval~Cion.
~e follow~ ordi~nce wa~
NO. 83-105
~ O~I~CE LE~IN~ ~ ~ V~ T~ OF ~ CI~ OF
D~ON. ~ FO~ ~E Y~ 1983, AT ~ ~ OF $.5~
$100.00 ~eESS~ EV~UATION ON ~ T~ ~OP~
~ CO~O~TE LIMITS OF ~ Ci~ ON J~Y 1, 1983, NO~
O~ST~ING CI~ OF D~TON ~S; ~OVID~G ~ LI~T~
~ION8 OF C~TAIN HO~ST~8; ~OVID~ F~
OF ~OLLECTIONS; ~OVIDI~ FO~ A S~I~ C~USE;
~OV~DING ~ E~ECT~ DATE.
G. ~e Council considered idaC,on of ~n ordi~nce
pr~osed rate would be $6.75 per mon~ b~sed on I 30 day
cycle and :he accel rate would be co~uced om a ~lly basts.
~e following ordi~nee was presented:
NO. 83-~06
~ O~CE ~ING C~ 12, ~T~CLE ~, SECTION
12-19(b) OF ~E CODE OF O~I~CES OF ~ CI~ OF D~N
~TING TO RESID~T~ S~ITATION ~TES; ~P~ING
O~I~C~ IN CO,ItT; ~ DECKING ~ E~CTI~ DATE.
~kins motion, Barton second Co ad~C =he ordi~nce. ~ roll cal~
vo~e Bar=on "aye", H~kins "aye"~ $=~hens "aye"~ Alford
Riddle~erser "aye", ~ew "aye"~ and ~yor Scewar~ "aye". ~=ion
ca=tied unanimous ly.
5. Resolution
A. ~e Council considered ~9roval of a resolu~ion
~provin~ ~he a~ple~n=al a~reemen= of ~ay ~oberCa ~e recreation
Bob Nelson, Director of Utilities, r~orted that this ~re~ent had
been reviewed at the Council ~eCin8 of September 13. ~e
identified fish and wildlife e~ancemen~ as provisions of the
contract.
Council ~mber Riddle~erser asked when =he public hearins on the
Sreenbelt corridor would be held.
Nelson re,ended =he hearin$ would be in Aubrey on S~=~ber
7:00 ~ .m.
Council ~mber ~iddlesper~er asked if the Council should
ad, tins the resolution until after the public hearin~ as a
of courtesy.
Nelson replied that the ~Caff was charsed with aCCo~Ci~ Co obtain
a wa=er s~ply aC the lowest possible cos~ available. ~e larse
dollar figure in the a~pl~utal a~reemen~ ~a ~e state
the ~ke Ray ~bert$ recreational ~acilicie~.
Council ~mber Barton asked how many dollars would be saved if the
8ree~belt co~idor was co~leted.
City Council ~inutes
P~e Ten
Nelaon ~.~o~ad that ~h~ annul cost ~o Danto~ would be $$g,000
the facilities ve~e built on ~e ~w~aville . If the 8reenbelt
proJec~ ~re. ~p~d, the annul coat to ~nCon would be
~prox~tel~ $6,800 per ~ar.
~e fo.11~ resolu~ion ~as presented:
~, ~e U. S. ~'~ Corm o~ Ens~ers Division
Headqua=~era ham ~pro~d fish and fo~
wildlife e~anc~an= areas
=he ~y ~r=m ~e ~oJ~C; and
~, ~e U. S. ~ Co~s of E~ineera ham au~horizad
~a S=ate of T~as to ~era=e 9r~om~ recreational facili~ies for
=he ~e ~y ~r=m proJ~t; a~
~ =ha U. 8. ~ve~n= ham aBreed =o pay 75~ o~ ~he
coa= of dm~l~in~ fish ~nd wildlife e~anc~en= areas for
project with par=ic~a=i~ C~=iam con~ribu=inB 2~ of such cost; and
~, the Ci=y ~cil of =he Ci=y of ~n=on, Texas~
recoBnisem =ha= the dmvel~nt and ~in=enance of fish and wildlife
e~auc~n= areas im m~uifican~ in the ~rema~a=ion of our na=ural
resource; now, ~erefore,
BE XT ~Y ~L~ ~ ~ CI~ CO~CIL OF T~ CI~ OF
D~N, ~, ~T:
s.
~e ~yo~ o~ the City of ~ntou, T~as be and ~ hereby
autho~iz~ to execute the attached S~p la~utal ~reement
~di~ation ~.PO0001, to Contract ~D~W 63-80-C-0107 between the
United State ~ver~ut an~ the City o~ ~uton relatin~ to [leh and
wildlife a~ance~n~ ~or t~e ~ Ray Roberts Project.
ss.
~e City Secreta~ is authorized to [orward this Reaolutiou
to the ~pr~riate o[~iciala at the City o~ Dallas, Texam Parks and
Wildlife ~artment, U. S. ~ Co~s o~ En~ineers, North Central
Texas Council ot ~ve~ata and other interested aBencies.
SECTIOB III.
~ia Resolution shall be In select ~diately ~on its
p aasa~e.
F~S~ ~ ~PEO~ th~a tho 20th day o~ S~tember, 1983.
~ItHAAILO O. 5T~:WAKTs HAYO~
CZT~ OF DENTON, TEXAS
ATTEST:
CI~ OF D~N,
~O~ ~ TO LE~ FO~:
C. J. TA~, ~.~ CI~ A~O~
CI~ OF D~ON, T~
BY:
Riddle~er~er motion, ~kina that the resolution be passed. On
roll call vote Barton aye , ~k~m ~ye , Bi,hens aye , Alford
aye , Eiddlm~erBer aye , ~ew aye , and ~yor Stewart aye .
~tion carried u~n~oualy.
City Council Minutes
Meeting of September 20, 1983
Page Eleven
B. The Council considered approval of a resolution in
support of the Greenbelt Corridor at Lake Ray ~oberts.
Bob ~elson, Director of Utilities, reported that the staff would
like to present comments and state the City of Dentonts position at
~ public hearing on the greenbelt corridor to be held on September
The passage of this resolution would show the Council's support
of the corridor.
City Manager Hartung stated ~hat the Corps of Engineers was
interested in the attitude of the local sponsors toward this project.
Council ~ember Chew asked if Dallas has passed a s~milar resolution.
Nelson responded ~het Dallas had not yet passed a resolution but
their Staff did support the greenbelt corridor.
Riddlesperger motion, Chew second to table the resolution for two
weeks.
Hartung stated ChaC if the resolution were cabled, the staff would
need Council direction on what to say at the public hearing.
Council Member Riddlesperger stated that most of the City Council
members found the sreenbelt very attractive, but it was still in the
formative stages. As a courtesy Co the persona who spoke at the
September 13 Council meeting, he felt =he resolution should be
tabled. Eiddlesperger also stated that the Staff should scats the
city's position in favor of the greenbelt but passing the resolution
would be like saying that the Council had made up Chair minds.
Council Member Barton stated thaC ha feared the Council would be
sending mixed signals Co the Cor~s of Engineers and also to the
persons who were interested in the greenbelt whether in favor o~
opposition. ·
Alford, RiddlesperKer, Chew and Stephens "aye"; Stewart, Hopkins and
Barton "nay". Moc~on to cable carried ~ Co 3.
6. The Council received a report on the status of the mobile
home ordinance.
Jeff Meyer, Director of Planning and Community Development, stated
that the present mobile home ordinance had been taken co mobile home
park developers, legislation and guidelines had been obtained, and
the American Planning Association had been contacted . Proposals
for revision were written and taken to key staff members for input.
The mobile home park owners were again contacted co review the
~roposals. The ordinance would be presented Co the Planning and
anent Co~--,ssion prior Co submission co the Council.
Elizabeth Evans, Planning and Community Development staff, reported
that the some of =he major proposed changes to the ordinance were
Chat stand dimensions would be increased, street standards would be
increased Co City standards, water metering would be optional, and
fire hydrants dimensions were changed Co meeC state standards. The
fees had been increased and =he certificates of occupancy would be
eliminated for each individual mobile home and would be done on i
park basis.
The Council then discussed alternate methods Co ensure =he payment
of taxes by mobile home owners.
7. The Council considered approval of an option purchase
agreement with P~B Contractors on the Diesel Plant sale.
Bob Nelson, Director of Utilities, reported that the contract with
P~B Contractors had expired on September 1. P~B had offered a
$10,000 fee Co renew the option for an additional 60 days.
City Council !~inutas
Mantis& o~ September 20, 1983
Pass T~e lye
Hopkins ~Cion, Ai~o~ aeco~ co ~prove the ~Cion purchase
~re~aC. ~Cion carrie~
8. ~e Council ~onaidere~ an ~n~enC Co ~ha contract rich
well aC the pr~oaa~ aaaiCa~ laP,ill sics.
City ~ar ~Cu~ stated ChaC the ~uncil had recently ~proved a
conCr~ with RoneE~ineeri~ ~or deteil design ~rk o~ the alur~
well. 3~a~a r~ui~n~a ~ovolved ~n ~e pe~i~ci~ process had
cause~ ~ Co aee~ an ~memC Co the contract in ~ha amount
~13~0~.
Riddla~erser motion, ~C~hana second Co ~pro~ the a~n~enc.
~Cion taxied u~ni~uely.
9. ~e Co~cil coaaigered ~proval o~ a contract ~or the City
of ~ncon Wor~r's Co~enaiCion insurence.
City ~er ~rCu~ rec~nded the Cooncil table Chis
item
for
~ew ~Cion, 5arOse second Co Cable the ~Cem. ~Cion carried
u~n~oua ly.
10. ~a Council eonaidared ~proval o~ final
Jagoe-~blic ~o~ Windsor Dr~ve ~m the ~unC o~ ~9,950.00.
Assistant C~Cy ~na~ar By, la r~orCed ChaC the ~ounc was incorrect
and the accel ~inalpa~enC was ~138~262.10. ~e ~o~al amount was
~prox~Cely 2.3X under the bid price.
SC~hana ~Cion, ~ina second co ~prove the ~inal pa~enC.
Notion ca,rind unenimously.
11. ~e ~uncil considered ~proval o~ the City o~ Denton
d~oaicory agre~en~.
City ~er ~r~u~ req~a:ed the Council to paa~ ~hi~ item and
take LC ~ on ~e asenda addend~ aa a reaoluCioo.
12. ~e Council considered au~horizin8 :he City ~na&er
ensage ~ur ~dersen fo: services assisting in the administration
o~ the Fiance ~artmen~ due :o the absence o~ a Finance Director
and Assistant Fiance D~rector.
City ~&er Hartun~ r~orted :ha: assistance would be needed tn :he
closin~ out of the current fiscal year and eeC:lng ~ ~or the new
fiscal year. ~e r~resenta~i~ from Arthur ~deraen would report
~o the City ~naser :o provide ~echnical a~porc ~o :he Accoun:in8
and Fi-a~ce personal. ~e r~resenCative was in~lved in ~he
~coun~ins ~artmenC review and would co~leCe those proJec:s.
~ac port, on of his ci~ would be charsed a8aina: Chose projects.
He wou~d be workins ~o ~l~nt procedural cheese reco~endaCions
resulti~ atom the Accounti~ Division review. ~arses would be
~320 pet d~y plus e~ensae wi~ so~ of the costs bein8 char8ed
o~her projects. ~e ~ ir~ would be between S~tember 15
Nov~ber 1~ ~en the audi: be8ina.
Al~ord motion, H~kine second ~o authorize the ensasement of Ar:hut
~deraen. ~tion carried u~n~usly,
~e Council then considered ~he items ~r~ Che asenda
addend~.
13. ~e Council c~aidered ad~tion of an ordinance
transferring ~unds atom :he ~loyae Trainin8 Account :o the ~neral
~oJect Fund ~counC and a~ndin8 the contrac: wi~h Willi~
~rcer, Inc.
~0 City Council ~inutes
Neeting of September 20, 1983
City I~na~er Hartung reported ~hat ~h~s tcCion WaS required due
prosr~ was no= co, la=ed and would no~ be c~leCed until ~Cober.
pro8 r~.
~e follow~ ordinance was presented:
NO. 83-107
~ O~I~CE A~ING ~ 1982-83 B~T OF T~ CI~
D~TON~ T~ BY IN~ING ~ G~ ~ECT
~ BY ~ SUM OF ~O ~OUS~ DO~ (~2,000);
DE~ING ~ EFFECTI~ DATE.
14. ~e Council considered ~proval of ex~endi~ =he
co~le=ion da~e w~ A~, Inc.
Ci=~ ~Ser Har~uns r~orCed =h~ ~he funds would be rese~ed
budge= clo~e ou=~ buC =~e con=fac= would need =o ~ ~ended.
H~kins mocion~ Alford second Co ~prove =he extension.
carried unan~us ly.
15. ~e Council considered ~proval of a re~olu=ion
City ~uncil =o
. _ . Cransfer ~nemc~b~red ~pr~r~l=lons beC~en various
City o~ar~n=s as =equLred. ~obleml ~ad devalued during
year in ehe building ~eratioua area ~ich would be hailed by ~his
~ransfer. A portion of =he transferred funds would be allocated for
=he remodeling ~ich was done to r~air sCo~ dmsm to the Council
~bers.
~e followin8 resolution was presented:
~ESOLUTION
~, Section 8.07 of the ~arter of the City of Denton
authorizes the City Council to transfer unenc~bermd
be=ween general classifications of e~enditurms within an office,
d~art~n= or agency; and
~ ~he City ~nager deems i~ necessa~ to transfer
=he funds as ~ectfied below; NOW~ T~FORE,
BE IT RESOLED BY ~ CI~ CO~CIL OF T~ CI~ OF D~N~
SECTION I.
~ese funds shall be transferred as follows:
~
S~EET LIGHTING BUI~ING OP~TIONS
-003-0002 ~25,000
DATA P~OCESSING BUILDING OP~TIONS
100-O04- $12,000
TOT~ ~SF~ $37,000
SECTION
~is ~esolucion shall bec~ effec~ive fr~ and after its
of p~ssage.
C£cy Council ~inuces 391
Meecin~ o£ S~camber 20, 1983
Pass Fourteen
PABSF. D A~D A~PROVED Chis the 20ch day of September, 1983.
~Ic~ O. ~%'~:WA~tT, MAYOR
ATTEST:
CITY ~F DENTON, TEXAS
APPEOVED AS TO LEC. AL FOKM:
C. J. TAYIJ3E, ~., CITY ATTOENEY
CTTY OF DENTON, TEXA~
BY:
kine motion, Stephens second Chat the resolution be passed. On
ro~l call vote Barton "Aye", H~pkins "aye", Stephens "see",
"aye", P. iddlel~erBer "see", (2~ew "aye", and Mayor Stewart ·
Mot io~ unanimous 1
~ earr~ed ,y.
The Council con~idered approval of a contract for City
Denton insurance.
CiCy Nana~e~ HarCu~ recommended that this item be Cabled for one
week ·
Stephens motion, Barton second to table. Motion car~ie~ unanimously.
17. The C~uncil con~idered a~proval of a resolution approvin~ a
depository a~reement ·
City Manaser HarCun~ reported chat letters had been mailed to all
banks in the City. Only 1 bid had been received, Hartun~ stated
the chan~es chat the First State Bank had requested on the
~ ecifications
.
The followin$ resolution was presented:
EESOL UT ION
WI~, ~he City of Denton has notified all the bankin2
institutions within ~he City of its ~nCent to receive
a~plicaCions for the custody of city funds for a =ers be$inninB on
October l. 1983, a~d endin~ on September 30, 1985; an~
WHEREAS, the City of Denton has received bid proposals from
bankin~ insti~utions within =he City desitin8 =o be designated as a
d~oai=o~ of city funda~ a~
~, after such ~eni~ the City Council fou~ on the
basis of ~e bid pr~oa~ls ~a= Fir.~ State Ba~ of ~n=on, Texa~
has au~i=~ed ~ha pr~oaal offerin8 =ha moa= favorable =e~a and
condi~ione =o =ha City for =he handlin~ o~ such funds, now,
~hera[ore,
BE IT ~ESOL~ BY ~ CZ~ CO~C~ OF T~ CI~ OF D~ON, ~:
SECTION !.
and daa~na=~ as ~he d~oai~ory forcity ~und, for a =e~m
be~nni~ on OcCober 1, 1983, ~ endi~ ou S~=ember 30,
2. ~a= ~ha pr~oaal of said ina=i=u~ion havi~ its office
and place of business in =he City of Den=on, Texas, shall be
attached hereto a~ ~de a par= hereo[, and =he a~e ia hereby
in all ~hi~a acc.=ed.
City Council Minutes
Meetl~ of September 20, 1983
Pa~e Fifteen
3. That this Resolution shall be effective immediatel7 from
and after its passaSe and approval by the City Council of ~he
City of Denton.
PA~SED AND APPROVED this the 20th day of September, 1983.
RI'CJ~A~D O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
Stephens motion, Barton second that the resolution be passed. On
rol~ call vote Barton "aye", Hopkins "eye", Stephens "aye", Alford
Riddleaperser "aye",
a~ , Chew aye , and l~yor Stewart "aye".
Moczon carried unanimously.
18. The followin$ action on Executive Session items were taken:
A. Board Appointments
Alford motion, Barton second to rea~point Dr. Don Holt as a City
appointee to the Flow Hospital ~oard of Directors. Motion carriec
unanimously.
19. New Business:
The following items of new business were suggested.
1. Council Member Hopkins requested a report on the
proposed City Hall renovations and how it was to be done.
2. Council Member Stephens requested a report on the
traffic on Teasley Lane and any traffic impact statements which had
been mede for this area.
3. City Council Member Hopkins requested a report on the
Economic Development Program when the AVW contract was completed.
With no further items of business the meeting was adjourned.
6~01~I'~ ~ALLE~, CITY SECRETARY
1057C
CITY COUNCIL MINtrfgS
S~tember 27, 1983 ~93
The Council ~on~n~d in~o ~h~ ~ecial Called ~e~i~ a~ 5:00 p .m. in
~he Civil Defense ro~.
P~S~: ~yor 8~ew~; ~yor ~o Tern ~tddle~erger; Council
City ~nag~r, Ci:y A~Cor~y and Ci=y Secre:a~
~S~: ~uncil ~bers ~ew and S~hena
1. ~e Council considered ad~ =ion of an ordinance
~pr~=~cl~ ~nda ~o the ~neral Fund/F~nance ~ar=~n=.
City ~na~e~ ~rtu~ r~orted =ha= the scarf had been pullin~
tone,e= loose ends on the 19~-83 budse=. ~e funds had been
~revioualy.~pro~d and the ~=aff was askinS for these funds =o now
~e fo~Lo~ ordi~nce was presented:
~. 83-108
~ O~1~CE ~G ~ 1981-83 BURET OF ~ CI~ OF
D~N. ~ BY IN~ING T~ GE~ ~/FI~CE
D~T~ ACCO~ BY ~ SUM OF $15~168.00~ ~OVIDING FOR
~ P~LI~TION ~F; ~D DECKING ~ E~ECTI~ DATE.
H~kins ~=ion~ B~rCon s,co~ ~o ad~= =he ordin~nce. On roll call
vote Btr=ou "aye"~ ~kius "a?e~t Alford "aye", Riddle~erser ~aye",
a~ ~yor Stewart "~ye". ~=~on ~carried unan~ously.
2. ~e Council con~idered ~proval of a con=rac= for =he City
of ~n=on insurance.
Assists= Ci=~ ~n~Ser Sveh la r~or=ed =ha~ =here was no new
lnfo~ion ~o ad~ =o =he previous discuss~on. Council ~mber ~ew
had r~uesCed & delay ~n order =o allow more time =o read =he
doc~n=,ciou and pr~osal. S~hla also s=a~ed =ha= ~he pr~osal
included a ~=tpulac~on Co increase =he ~brella coverase for =he
City.
Riddle~erSer ~=ion~ Bar=on second ~o ~prove Che con=fac= with =he
$20 million liabili~y tncl~ed. ~ion carried u~ni~usly.
3. ~e Council considered ~proval of ~rchase Order t ~0195
for aud~=or~ ~e~cin~ for ~e Police D~ar=menc.
City ~n~Ser H&r=un8 reported =h~ the end of =he fiscal year was
~p=oachinS and =he sc~ff w~n=ed ~o purchase the audi=or~ seats
from =he curren~ budse=. ~ere had been some difficul=y in locatin8
the ~ectfic =~e of seaC~ns required.
Council ~mber S=~hens Joined ~he meeCinS.
Council ~mber ~kfns ~=a=ed ~h~= =his item had been previously
discussed.
H~kins mo=ion~ Alford second =o ~prove ~rchase Order ~ b0195.
~=ion c~rried unan~ously.
~yor Stewart ~ave an info~l repor= of the public heartn~ which
was held in ~brey on =he pr~osed Greenbelt Corridor. Scewar=
r~ort~ ~h~= ~p rox~=ely 200 persons h~d a:=ended w~th a
suon~ancial r~resenKa~ion by ~ro~s from ~he ~brey and Denton
area. Also a~=endi~ were several conservation gro~a ~o were very
stro~ly in favor of the greenbelt concur. ~resentative Tom
Vandersriff at=ended as did ~rasentative T~ Hall. Representative
~1 was ~poeed ~o ~e corridor and had stated that he would work
in co~it=ee ~o wi~old fu~s. ~ll~s objection ~=e~d from the
loss o~ aSricul~ural 1,nds. County Judge Cole attendins and
presented a resolution from the Co~iaaionera Court sta=i~ ~hat the
sreenbel= would remove laud from the County ~ rolls.
394 cit council Minutes
~atin~ of S~tember 27, 1983
Council Hember Chew Joined the meeting.
Nayor Pro Tern Riddlerperser requested that · re~olu:~ou tn
o~ the Greenbelt Corridor be placed on the Council agenda for the
~Cober ~ ~eCi~.
Council ~er St~hena as~d ~en ~e Co~ of ~ineeta would
action and co~lete a new t~ac~ e~y.
City ~n~er ~rtun8 re~o~ed :ha: an ~ac: a2~y had bee~,
collated for :he Ray Roberts reaa~oir but not for ~a 8reenbelt.
Co~cil ~mber H~kins scared :ha: ~e Co~ was wai:i~ for a
of a~por~ from the citie~ of ~llas and ~n:on.
Council ~ber S:~hens a:ated ~at he would li~ ~o ese co~artson
coat ~iSures for ra:a payers before ~e resolution in e~port of the
&raenbel: was passed. ~ ~ecifically wan~ed :o ~ee :he
annul ~oun~ ~ich would be paid for wa:er.
~yor Stewar: s:a:ed ~at :he rates would also be affected by the
oti~inal cona~ruc~ion and ~era:io~l coa:a o~ the rase~oir.
Council ~mber Sc~hens asked if an economic study for ann~atlon
had ~en co~le~ed for areas in :h~ ~r~ east portion of the City.
City ~nasar ~r~u~ re~onded that 5 an~xa~ion pr~oeala would be
on the October $ ~enda.
Council ~mber H~kina s~ated :hat :he 8reenbelt corridor land was
in :he flood plain. H~kins stated :ha: he h~ed the County had
con~idered ~a: would happen if ~hia area devalued in a
other than :he 8reenbel: and :hen was flooded.
G~TTE ~. CI~ 8E~ET~I
1058C
395
CIT~ CO~C IL
October ~., 1983
~e ~uncL1 convened in~o ~e ~k ~esalon a~ 5:30 p.m. ~n ~he Civil
~S~: ~yor ~o T~ Elddle~er~er; Council ~m~ra Bar,on,
~ew, ~kima and S~hens
City ~er, City AC~o~ey a~ City Secre~a~
~S~: ~yor S~ewar~ was aC~endinB an ~rican ~blic Power
~aocia~iom ~a~ in Wash~nSCoa, D.C.
~unc[1 ~r Alford was absent.
1. ~e Co~c~l held a discussion o[ an ann~aCion o[ a
pr~oaed 15 acre ~bile ho~ au~ivialon located alous ~he west side
o[ Swisher
~arlie Welkins, Senior Pla~r, r~or~ad ~hac ~he devel~er was
pr~oa~ ~o ha~ a aob~le ho~ subdivision wi~h 32 lots o~ 1500
square was on ~he Council a~enda for ~he 7:00
each.
p .m. session co sec a da~e and ~ [or public hearinBs
:~:,ion of , pa~c.1 of 1,nd which ,ncl~ed ,hi, par,,cular
Ha. Judy Euaaell, area ~esiden~, ~oke ~o the Council s~a~
she was conce~med ~ha~ ~is au~ivialon would deval~Ce ~he p~er~y
value ·
~. Xyle Sh~p, area reaiden~ s~a~e~ ~ha~ he li~d tn ~arral
Estates and had a~e~ted ~o ~e~ Shady ~hores, ~ke Dallas, and
Hicko~ Creek =o co~era=e on zonin8 in =his area. ~. Sh~9
~ha= ha had purchased la~ in ~is par=icular location because
was deed restricted and he wan=ed ~o ~in~ain =he quali2y o[ the
nei&hborhood. ~. Ship9 also s~a=ed the= he was his unders=andin8
tha= Chis would be a 6~ acre devel~me~=.
Welkins re~onded ~ha= only ~e pla~ for ~he 15 acres had been
brou~h~ 2o =ha a~aff. ~e devaluer had s=a~ed =ha~ if =he area
were a~ed, he would look for an al=emaCe sire.
Jeff ~yer, Dirac=or of Plannin8 and Co~uni2y Devel~men~, stated
=hac if ~he area were hOC anted, the devaluer could build
Coun=y ~ecifica~ions which were almost non-exisCen=. Ii the area
were a~ad, the dallier would have ~o build to City
~ ecif~ca=iona. If the ~eaident a tn a=tendauce wan~ed =o oe
include~ in ~n a~exatlon, ~ey would have =o pe=ition ~o disannex
from Sha~y Shores a~ ~hen ~e=~tion fo= annexation in~o Den=on.
2. ~e ~ouncil ~el~ a diacuaaion on =he City of Denton user
fee andy.
conduc=ed of ct=y's fees as no=ed by 2he David M. Gri~i=h s=udy.
Several s~ara=e ordinances would be required ~o ~nd ~he dif[eren~
fees.
Council ~er S~hens asked if =he =eco~enda=ions would be
presen~d Co Cha ~pr~rta=e boards and co~issioua prior =o coming
=o ~he Council.
~Kean re~o~ed yes.
Sc~he~, Eiddle~erser a~ H~kins a8reed =haC Che pr~oaed fee
increases should be presenCed =o ~e ~pr~ria=e boards for i~u=.
~Kean asked if =he Co~cil would wan= ~eti~ called [or ~hose
boards or c~aaions no~ scheduled ~or re2ular ~e~inss duri~ the
nex= few we~a. ~e consensus was affi~2fve
City of Denton City Council Minutes
396 Heetins of October ~, 1983
Page Two
The Council then convened into the regular meetin~ at 7:00 p.m.
=he Council ~bers.
P~S~: ~yor ~o Tern ~iddle~erser~ Council ~ba~a Alfo=d,
Bar,on, ~aw~ ~kins and B~hens
City ~naser. City Attorney and City 5eere=a~
~8~: ~yor S~ewar~ was attendin~ am ~=ican ~blic Power
~aocia=ion mae=ia8 ia Waahi~=om, D.C.
1. ~e ~uucil considered ~proval of
~recia=ton of B~no P. Diaz for 30 years of
Denton Utility D~ar=~n=.
Mr. Diaz au~ his f~ly c~e fo~ard aa =he
resolution ·
~a ~ollowin~ resolution was presented:
"BRIO D~"
~, Bruno Diaz is re=irin~ from =he City uf ~n=om effective
October 6, 1983; a~
~, B~no Diaz has ae~ed aa an e~lo~ee of the City of ~nton
from Oc:ober 31, 1953 co October ~, 1983; and
~, Bruno Diaz has been a faithful, dedicated and hard~rkin8
e~loyee in :he Wastewater Treat~nt Plant for the past
:hir:y years; and
~, :he management staff and fellow e~loyeea of Mr. Bruno
Diaz have enjoyed and ~preciated workin8 with Mr. Diaz
throughout these years;
HOW, ~O~, ~E IT ~ESOL~ ~Y T~ CI~ CO~CIL OF T~ CI~ Oi
DE~ON, T~:
that :ha CiCy Council of
behalf of =he citizens and staff, wish to acknowledge wi:h
grateful ~preciaCion the services of Bruno Oia~, and the
devo:ion he has given :o the City of Denton in the
perfo~nce of his du:iea during his thirty years with the
City of Denton, and order that this Resolution be ~de a
par: of the official Minutes of the City Council
pennant record of :he City of Denton, and that a copy be
fo~ardefl :o him~ Bruno Diaz, as an e~reeaion of our
sincere ~preciaCion.
P~SED ~D ~PRO~ ~hia ~h day of October, 1983.
R:~tA~LD"'O. STEW~T, ~A¥OR
CIT~ OF DENTON~ T~
ATTEST:
C~E ALLEN, CI~ SEC~L~T~JA¥
CIT~ OF DENTON, TEY~
APPROVE~ A~ TO LEG~ FORM:
C.J. TAI~LOR. JR., CIT~ ATTC~X
CIT~ OF DENTON, TE~
Stephens motion, Alford second that the resolution be passed.
,, ,, ,, ,, ,, ,,
roll call vote Barton aye , Hopkins aye , Stephens aye , Alford
aye , Chew aye , and ~ayor Pro Tern RiddleaperSer eye . ~otion
carried unanimously.
~eting oE October ~,
Page ~roa
~. Diaz van also preaonCed wi~ a plaque by ~yor Pro Tem
Eiddle~ar~er c~raCin~ hie ae~ice with the City o[ ~mcon.
~e ~yo~ ~o T~ re~ a proclmtion daclarin~ October as
~ersy ~nCh. ~e proclmCion was acc~ed by~s' Iaabell Hiller.
~e ~yor Pro Tern read a procl~cion declari~ October as
Smoke ~a~a Save Lives mon~. Ha. S~ Jackson and ~lef Jack
~n~ o~ ~e ~n~on Fire ~ar~nc acc~Ced the procl~ion.
2. ~e Council considered ~proval o[ ~he ~nunes o[ ~he
~ecial ~lled ~e~i~
~kins ~ion, Bar,on second ~o ~prove the Minu~as aa presented.
~ion carried u~n~oualy.
3. ~nsen~ ~enda
Council ~r So,hens ~akad ~o have I~em ~.B.1. re~ved from the
~naen~
Bar~on ~o~iou, H~kina second 2o approve ~he ConeenC ~anda wi~h ~he
excision o[ I~ 3.B.1. ~cion carried unan~ously.
Council ~er S~hans asked ~a~ fu~s would be used ~o pay Gro~
Crab,cs for the Econ~ic ~vel~n~ Fac~book prin~ins.
City ~na~er ~r~ung re~onded ~ha~ ~heae [unds had been budgeted
[or ~he ~ ~ard ~ich had ~en abolished.
Stephens ~ion, ~aw secon~ to ~prove I~em ~.B.1. ~tion carried
unan~oua ly.
Consent ~enda:
A. Bids and ~r~aae
1. B~d ~9164 ~oen~ Sidewalk ProJec~
2. Bid ~9188 [[ P.C.B. Disposal
Bid ~9189 -- Distribution Trans[o~era
Bid ~19~ -- Drainage I~rov~en~
Bid ~9195 -- Wire and Cable
1 · Consider ~ royal o[ an ~endmen~ ~o ex~end
con,fac2 ~ ~ro~ G~aphics ~o~ ~he [inal
pr~n~in~ o~ the Economic Development Fac~book.
C. Pla~s amd X~la~a:
1. Consider ~p royal
and 10, block D, Forres~rid~eAd~'i~ion, Section
II. (~e Plannin~ and Zonin~ Co~ission
rec~nds ~proval .)
2. Consider ~proval
and 7, ~ill~s ~dition (~e Plannin~ and
Zoni~ ~iaaion reco~ends ~proval.)
3. ~naider ~proval of =he prel~ina~ pla~ of nhe
~ EaCaCe~ ~diCion. (~a Planni~ and
Zonin~ Co~iasion reco~nds ~proval.)
4. Con~idar ~proval of =he final plat of the
Hillhaven ~di~ion. (~e Planning and Zoning
Co~iaalon rsco~nda ~proval.)
City of Denton City Council Minutes
398 Meeting of October 4, 1983
Consent A~enda--cont thUS=ion
5. ~ns~der ~proval of 2he prel~ pla~ of
~b~ ~diC~ · (~e Pla~i~ ~d Zoni~
Co,lesion rec~nda ~proval.)
6. Consider ~pro~l of ~he prel~ r~la~ of
lots 3, 4, ~, 6, and par= of lo= 2, ~rcer
edition. (Be Plann~ and ~ni~
reco~snds ~proval.)
7. Consider ~provil of ~h. prelal~ and f~nal
plat of lo= 1, block 1, DISD El~enta~ School
~di~ion. (~e Plann~n8 and Zont~
r~co~nds ~p royal.)
4. ~blic
A. ~e Council considered =he 9e2i2ion of ~. and Nra. A.
W. Woolsey requesCin8 ~iacoric lanark (H) zoul~ des~natiou
619 Grove Street. ~e pr~er=y is ~ore par~icularly described
lo~ 3, block 1, Woodland ~di=ion. H 28
~e ~yor ~o T~ ~ened Che public hearing.
No one ~oke in favor of the
No one ~oke In ~poal~ion =o =he
~e ~yor ~o Tern closed the public hearing.
Denise ~ivey, Plannin~ Technician, r~or=ed Cha~ 9 r~ly fo~a had
been ~iled wE=h 3 returned in favor, and 0 returned in
If.~proved, ~he his=orEo lanark zoning would o~rlay Che
~ 1 zoning classification. ~e Hia=oric Landmark Co,lesion had~
felt =bec =his s=~c~ure me= all of 2he cra=aria and was desexing
of =he designs=ion was [= was r~resanCa=ive of a par=tcular class
?.f homes. T~as. Yo~n[s. Un~v~rai=y had e~rasaed so~ concern
=ne pr~er~y was zoca=eo %n ~e%r ~a=er plan.
~yor Pro Tem ~iddle~erger asked If ~he house could be ~ved tf
needed =he pr~er~y in =he fu2ure.
~tvey responded =ha= it could.
1. ~e Council considered add,Eon o[ an ordinance
~provin8 historic land~r~ (H) zoning designs=ion aC 619 Grove
SCree~.
~e followi~ ordi~nce was
NO. 83-109
~ O~I~CE DESI~ATING 619 ~O~ S~T IN ~ CI~ OF
D~ON, CO~, T~ ~ A HISTORIC ~D~
O~I~CE NO. 80-30 (~TICLE 28A OF ~ CO~SI~
ZONING O~IN~CE)~ ~ ~OVIDING FOR ~ ~FECTI~ DATE.
S=~hena mo=ion, Alford second 2o a~= ~he ordi~nce. ~ roll call
vo~e BarCon "aye", ~kins "aye", S~hens "aye", Alford "aye", ~ew
"aye", and ~yor Pro Tern Eiddle~er~er "aye". ~=ion carried
unani~ua ly.
B. ~e Council held ~he petition of Br~an Burke
r~resenCint Snider ~vel~n= Co~ora=ton requee=~n~ a chan~e in
~on~q from lir~culcu~al (l) ~o ~he planned devel~n= (PD)
classif~ca~on on a 34.37 ~re ~arcel beginnt~ ~dJacen~ and north
of the intersection of U. S. HW. 77 and Windsor Drive,
~proved, ~he planned devel~nc (PD) would 9e~iC Che followins
land uses:
Cit:7 o~ ~n~:on ¢it7 Coune~.l ~eu~e~
Pa~e ~ive
Si~9 ~il7 De,ached on 19.~ acres
lo=a wi=h a =~ical size of 65'x100')
~lma - o~ 3.71 acres
To~ouse~ - om 3.~9 acre,
Sgree~ r~bC of way - om 4.60 acre,
~em ~ce - om 2.60 acres
~ai~e ~le~nC - on 0.43 acre
~e ~yor Pro Tern ~eaed ~a public haart~.
Mr. ~rian ~urAe, civil e~ineer in charge of ~he devel~nC, ac,ced
Cha~ he wal la favor of ~be petition and ~de h~aelf available for
queen,oma ~ ~he Co~e~l.
No one ~o~ i~ ~poaiCion.
~e ~2or ~o Tem cloned ~he public hearing.
~vid lll~,~n, ~vel~n~ Eeview Planner, uaed an overhead
projection ~ ~o point ou~ ~ha and
~o
the
p~osed
~e~l~a~. ~e loc, ~ul be 6~00 equate fee~ wi~h ~o~ houses
located on 3.71 ~crea o~ ~he parcel. A 2.~ ~c~e ~en space was
notch o~ ~ha pr~oaed de~l~n~. Eish~een r~ly ~o~s had been
~i,~iled ou~ with ~h~ee re~u~d in ~avo~ and zero ia ~posi~ion.
del~Ced aa low ~n~anaicy ~n the Den~on
~rla
bee~
~vel~a~ Quids. ~ra ~am adequate public aa~icea ~re in place
and ~e la~ uae ~uide ~ ~em nec ~a al~a~ eve~ ~aaura ~he
~n~om ~l~a~ Guide. ~e ~ad~c~ion o~ 500 aqua=e ~ee~ b~ he
overall lo~ ,ira d~ ~o ~he ,~lle= ye=da. ~e Pla~ing and
Zo=ia~ C~iaaioa ~ reco~emded ~proval wi~h 5 coadicioma.
1. ~e ~cil considered ad~ion o~ am o~dinance
~pro~mB a ch~e ia =omia~ ~rom a~ricul~ural (A) ~o ~he planned
devel~n~ (PD) clasai~ica~lon oa a 3~.37 acre parcel
adJacea~ amd ~o~h o~ ~he in~e~aec~ion o~ U. S. Highway 77
Windsor ~ive.
~e ~ollovi~ ordinance va. pres,need:
NO. 8~-110
~, ~ S~ W~ ~PT~ ~ ~ ~P~D~ TO ~ CODE OF
O~I~CES OF T~ CI~ OF D~TOH, T~, B~ O~I~CE NO.
O~ ~ O~ O~ ~ ~.~.B. ~ C.R.R. CO~ ~, ~ST~CT
HO. 1~. D~TOH CO~, T~; ~ ~RE P~TIC~
DES~I~ ~IN; ~ DECKING ~ E~FECTI~ DA~.
~ew ~tiom, ~arton aeco~ Co ad~t ~he ordinance. ~ roll call
vote ~aetoo "aye", H~kina "aye", St~hena "aye", Al~ord "aye",
"aye", and ~yo~ Pro Tern Riddla~erger "aye". ~ion carried
unanimous ly.
5, ~e Council conl~lred ~proval of =he preltmi~ and
final ~la~s of lo~ 4, Block 139, Saula Addition.
David Elliaon, ~vel~n~ Review Planner, r~or~ed ~ha~ ~he
prel~i~ and fill place had been submi=Ced under ~he new
aubdiviaiom ~lea and re~ula=ions. ~la was alo~ ~ich had never
been de~l~ed in an ~ltin~ au~ivision. ~ince Greenwood ia an
un!~ro~d reaiden~ial st=est, =he peri,loners were requea=in~ a
waiver of ~he curb and pavi~ require~nts.
Alford ~=ion, ~ew second ~o ~prove ~he prel~ina~ and fill plaC
and wat~ ~a curb ~m~ pavi~ requ~remenCa. ~=lon carried
unanl~u aly ·
400 City of Denton City Council Minutes
Meetin$of Otto'.er 4, 1983
Pge Six
6. Ordinances
A. The Council considered ad~ tion of a
ordinaoce wi~ ~neral Tel~hone.
CiCy ~nager ~rcung stated chaC chis was the third and f~l
readin~ of the ordinance.
~m followin~ ordinance was presented:
NO. 83-111
~ O~I~CE ~BY ~E CI~ OF D~ON, T~, ~S
~IGHT, ~IV~GE ~ ~CHISE TO G~ T~NE
OF ~ SO--ST, G~, ~ ITS SUCCESSO~ ~D
~ CONS~UCT, ~CT, BUI~, EQUIP, O~, ~I~AIN ~D
OP~ IN, ~ONG, ~, O~ ~D ~SS ~E PUBLIC
S~ETS, A~ES, ALn~S, B~I~ES, V~UCTS ~ PUBLIC
~O~S OF ~ID ~I~, SUCH ~STS, PO~, WI~ES, ~LES
CO~UITS ~D OT~ ~PL~CES, S~UC~ ~ F~S
~CESS~Y O~ CO~I~ FO~ ~DITION OF T~PHO~
O~ CO~ICATION S~VICE ~ FOR CO~UCTI~ A GE~
LO~ ~ LONG DIST~CE ~HONE BUSI~SS; SE~ING FO~
CONDITIONS ACCO~ING ~ ~T OF ~CHISE;
FO~ ~ ~ PAY~T IN LI~ OF C~TAIN OT~ PAY~S;
~OVIDING FOK ZE~TION ~ USE OF ~ T~ SYSTEM;
~ PROVIDING FO~ ~ ~P~ING OF CONVICTING O~I~CES
~D FO~ P~T~ I~IDI~.
H~kins mo~ion, ~ew second =o ad~t the ordinance. ~ roll call
- ·'~ S ~he~s
vote Barton "aye", ~pkins ~'a~'i~dl~=~rSer-~e~e '~a~eu' Alford "aye",
"a~e", and ~yor Pro Tern "ayeTM · ~tion carried
unan~ous ly.
B. ~e Council considered ad~ =ion of an ordinance
es~ablishins min~ standards for fuel fa~s~ fuelins
fueli~ t~ckm and fuelins personnel at the Denton ~nic~al
Bill ~selo, Senior ~inisCrative Amsistan~, =~orted that this
ordi~nce had been Cabled due to concerns which had been
by ~rosmith. A meetin8 had been held with ~ro~mith ~o resolve the
problems and a mutually sa=iafacto~ aSreement had been reached.
~e followtn8 ordinance was presented:
NO. 83-112
~ O~I~CE PROVIDING FO~ ~NI~M STUD, S FO~
OP~TIONS AT DE~ON ~IClP~ AI~T; ~ING C~ 3
OF ~ CODE OF O~I~CES OF ~E CI~ OF D~ON BY ~DING A
N~ SECTION 3-18; ~OVIDING FO~ ~ EFFECTI~ DA~.
H~kins motion, ~ew second =o ad~= =he ordinance. On roll call
vote Barton uayeu, ~kins "a~e~, Stephens '~a~eu. Alford "aye", ~ew
"aye", and ~yor ~o Tern ~iddle~erser 'Taye~'. ~=ion
unanimous ly.
C. ~e Council con~l~ere~ ad~io~ of mn
me~tin~ mln~ wa~es for City of Den=on construe=ion projects.
City ~nager Hartun~ requested thi~ item be r~oved from the asenda.
D. ~e ~uncil considered ad~=ion of an
se=:t~ a date, =~e and place for public beeries con~erni~ the
annexation of ~9rox~ately 35.66 ac=m~ of land located at the
southwest corner of FM 2181 and Hicko~ Creek ~ad. Z-1609
401
City of Denton City Council
Meeting of Oc. tober 4, 1983
Pass Seven
recommended that the annexation public hearing dates be met for
Octot~mr 18 sod November I et 7:00 p.m. in the Co=il Chambers.
This reco~menda=ion was for the next five ordinances on ~he agenda.
The following ordinance wal
NO. 83-113
AN O~DINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED
ANN~ATION OF CERTAIN I~OPE~TY BY THE CITY OF DENTON,
TEXAS, AND AUTHOHIZING AND DIreCTING THE MAYOR TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING.
Chew moCion~ Hopkins second Chat =he ordinance be adopted. On roll
call vo~e Barton "aye"~ Bopkins "aye", Stephens "aye", Alford Haye'~
Chew "aye", and Mayor P~o Tern Riddlesperger "aye" ~k~=ion carried
unanimous ly ·
E. The Council considered adop =ion of an ordinance
setting a da=et =~ae and place for public hearing! concernin$ the
annexation of ~p~roximately 1,115 acres of land located on ~he east
and west sides oz Mayhlll {toad north of 1-35E.
The following ordinance was presented:
NO. 83-114
AN ORDINANCE SETTLNG A DATE, TIME AND PLACE ON THE PROPOSED
ANNEF~ATION OF CERTAIN PROP~TY BY THE CITY OF DENTON.
TEXAS, AND AUTHO{tIZING A~D DIRECTING THE MAYOR TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING.
Stephens motion, Chew second tha~ the ordinance be adopted. On roll
call vote Barton "ayeH, Hopkins HayeR, Stephens "aye"~ Alford "ayeH,
Chew Hays", And Mayor Pro Tern {tiddlesper{er "aye". Motion carried
unanimous
F. The Council considered adop =ion of an ordinance
setting & dated CEma and place for public hearings concernin8 the
annex&=ion of al)proximately 367 .acres of land located be=ween 1-35W
and the Santa Fe Railroad.
The following ordinance was presented:
NO. 83-115
AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN FROPERTY BY THE CITY OF DENTON.
TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLIS~
NOTICE OF SUCH PUBLIC HEARING.
Chew motion, B~rton second =ha= the ordinance be adopted. On roll
,, ,, ,, ,, ,, ,, ,, ,,
call voCe Bar~ou &ye ~ Hopkins aye ,
Chew H&yeH~ and Mayor Pro Tern {ti~dleaperser "aye". Mo~ion carried
unanimous ly.
G. The Council considered adop =ion of an ordinance
set=iu~ a date, =ime and place for public h.e.arinss, concsrnin~ ~he
annexation of approximately 43.9 acres of lan= ~ocaaeo wes= of l~-3§W.
The followin8 ordinance was presented:
NO. 83-116
AN O~DINANCE SETTING A DATE~ TIME AND PLACE ON THE PROPOSED
ANNEXATION OF CERTAIN PROP~-~TY BY THE CITY OF DENTON,
TEXAS AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH
NOTIC~ OF SUCH PUBLIC HEARING.
402 City of Denton City Council Minutes
~eCin~ of October 4, 1983
P~e E~h~
~ew mo=ion, ~kinn ~acond ChaC C~ ordinance ~ ad, Ced. ~ ~oll
call ~o=e Bar=on "aye", ~kins "a e", S= hens "a e" A fo " ".
.... ~ , 1 rd aye
~ew aye , and ~yor ~o T~ Ei~le~ergar "aye~. ~ion ca~ie~
u~n~us ly.
H. ~e ~uncil consisted ad~=ion of an ordi~nce
ae=~i~ a da=a, =~ and place for public heari~a concernl~
anneza=ion of ~prox~a=ely 1,014.4 acres of lanW located wea~
1-35W and south of ~ghway 380.
~a followi~ ordinance wan preseu=a~:
~ O~I~CE SETTING A DA~, TI~ ~ P~CE ON ~ ~O~8~
~TION OF C~TA~ ~P~ ~ ~ CX~ OF D~N,
~, ~ AU~ORIZI~ ~ D~ECT~ ~ ~y~ TO P~LISH
NOTICE OF SUCH PUBLIC ~G.
~ew mo=ion, Bar=on sa=end =ha= ~e o~inance ~ ad~=ed. On roll
~all ~ote Barton "aye", ~kina "aye", S~hena "a e", Alford "a
~ew. "aye", an~ ~yor ~o Tern Riddle~er~er "aye~. ~=ion
unanxmous ly.
2.
A. ~e Council conaidara~ ad~=lon of a resolution in
s~porC of =he Greenbelt Corridor at Lake ~y
City ~nager ~rcu~ aCe=ed =ha= =his resolution had been
prior ~o =he Co~ of En~inears public hearin~ ~ich wan held
Aubrey on S~=ember 26.
Coumcil ~mber ~ew s=a=ed that he felt ~e o~reenbel= corridor
conch= wan in =hebes= in=ereaC of =ha citizens ~n=on.
~yor Pro Tem Xiddle~erger concurre~ sea=ad =ha= =his conc~= would
benefit genera=tons ~o come.
~e following resolution was presented:
OLUT
WHEREAS, =he City of Denton, Texas, has heretofore entered
%nto. a Contract .with =he Federal Government for recreational
aeveAopmenC associated with Pay Eoberts Lake and =hereby is
obligated under subject con=race Co also provide certain
recreational facilities ac Lewisville Lake; and
WHE~, the Corps of E~ineers, Fort Worth DisCric=
Offices, believes =haC a Greenbelt Corridor between Ray Eoberts and
Lewisville Lakes may be subs=itu=ed .in lieu of additional
recreational development aC Lewisville Lake, and
WlAEREAS, the City of Denton, City of Dallas and =he Texas
Departmen~ of Parks and Wildlife believe the Greenbelt Corridor*
project is a more beneficial recrea=ional project =hen additional
rec~e~tional f~cilSties aC Le~isv~lle. Lake and will provide a much'
neeneo recreacxonax resource xn =he morth Texas ~eCroplex area as
noted by Texas Parks and Wildlife surveys; and
WHEREAS, =he Greenbelt Corridor will be less expensive and
have a beCter cost/benefit. ~io Chan additional recreational
facilities ac Lewisville Lake,
WHE~, several area orsanizaCions such as environmental
~rnu~s, area recreational grou~s, =he Sierra Club, the North Central
exes Council o~ Governments and oChers have expressed support of
Che Greenbelc Corridor project; now, Cherefore,
Maeti~ of ~to~r ~, 1983
Pa~e
~T:
S cxz
~e ~=Co= City Council a~por~s the Greenbelt Corridor
proJec~; ~
~e ~m~om C~2 Council emcoura~ea all o~er
in~erea~ed ~ ~e ~e a~ q~l~y of recreation ~aC will be
provid~ by a~ I Greem~l~ ~rridor ~o Join ~n
~ee~el~ ~idor ~oje~l amd
~e ~m~om City Council encourages all par~iaa
~nge~her towards ~he aucceaa~l co~letion of ~he Greenbel~ Corridor
project, a proJec~ cha~ will ~ be~ficial for ~enera~lons :o come
o~ers enJo2 ~he
for area residence, fiahe~n, can~laC and ~o
o~door ~ural hab~a~ ~e of recreation ChaC will ~ provided by
such a ~n~lC Corridor.
~at ~h~a Resolution shall be in a~ect ~diately ~on
its ~aaaase.
P~ ~ ~ thin the ~th day of Oc2ober, 1983.
l~IC~ltD O. .qTEWAttT, ~IAYOR
CITY OF DENTON, TEXAS
ATTEST:
C~ ALLEN, CITY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL
C. J. TAYLOE, J~., CITY ATTOI~NEY
CITY OF DENTON, TEXAS
BY:
Barton ~otion., Chew second that the resolution be ~assed. On roll
call vote Barton "aye", H~pkins "aye", Ste~hen.~ "aye", Alford "aye",
Chew aye , and Mayor Pro Tam [iddle~perser aye Motion carried
unanimous ly.
B. The Council considered adoption of a resolution
supportinl ~he adoption of a constitutional amendment authorizing
the expenditure of public funds for the reloca=ion of sanitary sewer
laterals upon private ~roperty.
City ~ana~er Hartun~ reported that new legislation was being
supported by TML which would allow cities to have an assessment
proiram for sewer systems on private property. If passed, this new
statute would allow cities to assist homeowners by advancin~ money
for sawer extensions and the citizens would then pay back the loans.
The £ollowin~ resolution was presented:
~ES OLUT I0 N
WHEREAS. heretofore previo_us.ly, Senate Bill 595 has been
adopted by ~he 58=h Le~islature o~ the Sta~e of Texas, said bill
becomim$ effective only upon =he adoption of a constitutional
amendment proposed by the Le$islature; and
~04 City of Denton City Council Minutes
M~eting of O~tober 4, 1983
Pa~e Ten
WHEREAS, Senate Bill 595 provides a workable and m~anineful
~, Senate Bill 595 provides a ~chan~am =o leemah the
~acC of the com~ of relocation of la~l~a~ le~r la~eralm ~on
}~-in=e~ea~ lo~ns =o pr~er~y .~era, ~ich mi~C be
cities, to~s and villages; and
partic~aCion can bm required or ~ndaced without the volun=a~
asFee~nt of each pr~erty o~er; NOW, ~F~,
BE IT ~ESOL~ BY T~ CI~ CO~CIL OF ~ CI~ OF D~N,
SECTION I.
~at the City of ~nton, Texas does s~porC and urge the
passase of con~%%tut~onal ~e~nt, purmuanC to Se~te Joint
~solution 1~ provzazn8 zor the edition of legislation authorizi~
the 8~enditure of public fundf by cities, to~s a~ villages for
.the relocation of sanita~ sewer laterals ~on private
mu~itted to =he voters of the State of T~a~
~e~rml election =o be held on Tuesday, the 8th day of November,
1983, and urges each person in the City of ~nton Co actively
s~port and secure the edition of the constttutio~l
S~CT~ON ~.
~e City Council of the City of Denton calls ~on public.
ee~ice organizations in the City to urge their ~mbersh~
fa~rably consider =he ad~=ion of =he cons=ituCio~l amen~nt
pursuant =o Senate Joint ~esolution 17.
P~S~ ~ ~P~O~ this =he 4th day of Oc=ober~ 1983.
RICHARD O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHARLOTTE ALLE~, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED A~ TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTOR/~EY
CITY OF DENTON, TEXAS
Stephens motion, ~hew second that the resolution be
,, ~assad. On roll
call vote Barton "aye", Hopkins "aye", Stephens Alford
Chew "aye" and Mayor Pro Tern Riddleal~erger "ay:~ ' "aye"
, Motion carri~
unanimously.
C. The Council considered adoption of a resolution in
pro:est of the Korean civilian airliner incident.
City Manager Hartung read a letter w~ich Mayor Stewart had received
from the United States Conference of Mayors urging cities to pass
this resolution.
City o~' Dan=on City Council Minutes ~0~
Pa~ Ele~n
~e follo~ resolution waa pr,a~nt~d:
~ STATE OF ~ ~
~SOL~ION
CO~ OF D~ON ~
WHEREAS, the entire world depends on mutual truac amenS nations ~n
the conduct of civilian affairs; and
pas~e~erl aboard vel del=toyed by ~e Sov~e= Union~
unc~vtlized a~ i~ne ac=ion by the ~over~en= of the Sov~e=
Union; ~ud
BE IT ~ ~OL~, =hat we e~reaa our s~a=hy =o =he f~ilies
of ~l vic:~l of Chis aliquot on h~ani=y; and
BE IT ~ ~SOL~, ~ha= we the ~over~en= of ~e City of Denton
e~ress our s~port and ~e s~porC of the pe~le of our city Co our
PASSED AND APPROVED this the 4th day of October, 1983.
R~JBAKD O. STEWART j MAYOR
· CITY OF DENTON, TEXAS
ATTEST:
CITY OF DENTON, TEXAS
APPROVED AS TO L~.GAL
C. J.' TAYLOR, JR., CITY AT~oi~IE~
CITY OF DENTON, TEXAS
S~ephens motion, Hopkins second that Cbs resolution be passed. On
roll call vote Bar=on aye , Ho~kinn aye , Stephens aye , Alford
aye , Chew aye., and Mayor Pro Tam Riddlesper~er aye . Motion
carried unanimously.
8. The Council considered nominating Raymond Pitts to the
Board of Directors of the Denton County Appraisal District.
City Manager Har=ung asked for ~his item Co be passed.
9. The Council considered ~pproval of a resolution nominetin$
Raymond Pitts to the Board of Directors of Denton County Appraisal
District.
The followin8 resolution was presented:
RESOLUTION
BE IT P. ESOLVED BY THE CITY COUNCIL OF THE CITY OF DillON, TEXAS:
SECTION I.
The City Council of the City of Den=onj Texas hereby casts
all of tis ~60 votes for Raymond Pitts es a member of the Board of
406 City of Denton City Council M~nutes
Meetin8 of October 4, 1983
Page Twelve
Directors of the County Wide Appraisal District for ~he County of
~nCon, T~a~.
~im ~solution shall become effective from and after its
P~S~ ~D ~0~ this =ho 4Ch day of ~Cobe=, 1983.
RICHARD O. STkWA~T, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHA~LOTTw. ALL~N, ~ITY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JK.~ CiTY ATTORNEY
CITY OF DENTON, TEXAS
Hopkins motion, Barton second that the resolution be passed. On
roll call vote Barton "aye", Hookins "aYe" St hens ,i ,,.
. . . ,, __ ep . aye , Alford
eye , Chew aye , and Mayor Pro Tern R~dd~esperger aye". Motion
carried unanimous ly.
10. The Council considered approval of the 1983 City of Denton
tax roll.
Cfty Manager Hartun8 reported Chat the tax rolls had been available
for review in the City Manager's Conference Room. Approval of the
rolls was required before the tax statements could be mailed.
Hopkins motion, Chew second to approve the tax rolls. Motion
carried unanimous ly.
11. The Council considered approval of appointment of Deputy
City Secretaries.
City Manager Her=cng stated that due to personnel changes in the
City _Man.age.r's off.ice, he was recommended that William McDonald and
Joan ~avxs oe appoxnted as Deputy City Secretaries.
Chew motion, Barton second to approve the appointments. Motion
carried unanimously.
11. The Council considered approval of mn ordinance and
quitclaim for the abandonment of an easement in the Phyllis Breen
Bob Nelson, Director of Utilities, reported that it had been
discover~d that the Hickory Creek sewer line at the intersection
where it crossed Airport Road had been erroneous misplaced off of
the easement. Due to a property transaction on the piece o£
property, the City was trying Co realign the easement. The property
owners had signed a new ea_sement which encompassed the sewer line
and this was a quit-claim oZ the old easement.
The followin8 ordinance was presented:
NO. 83-118
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A UTILITY
EASEMENT WITHIN THE CITY OF DENTON AND AUTHORIZING THE
Cic¥ o~ Denton (:iCy Council lqinuces
Meatins o~* October 4, 1983
Pase Thirteen
MAYOK TO EXECUTE A ~JITCLAIM DEED CONVEYING ALL EIGHT.
TITLEAND INTW~-~T OFTHE CITY IN SAID EASEMENT TO THE
O~NE]t OF THE TRACT OF LAND CONVEYED BY SAID EASEMENT; AND
DECLAEING AN EFFECTIVE DATE.
Stephens motion, ,_H~c~_.kins second to adopt the ordinance. Om roll
call voCe Barton 'aye", Hopkins "aye", Stephens "aye", Alford "aye",
Chew "aye", and Mayor Pro Tam Eiddleepersar "aye". Mo=ion carried
unanimously.
13. The Council considered ~proval of a consultant ~service2.
asreement ~or major inspection of electrical ~e~raCing ~i=
Bob Nelson, Director of U~ili~iaa, r~or~ed ~ac the U~ili~y
~arcmouC had utilized~. ~dsera ae~/caa fo~ a n,--~er of years.
~e sauce a~ree~n~ ~i~ was ~e~ora the Council was ~or
~prox~ely o~-hal~ of ~a ~ral Electric fee ~or ~he same
H~kin~ ~gton, ~ew mecond go ~ove ~e consulgang se~ice
agreeing. ~ion ca~iad unan~usly.
~,re was no official action on ~ecucive Session items:
B. ~al EaCaCm
C. Personnel
D. Board
15. New Business
A. Council ~mber S~hena requested a writ=eh r~or= on
8r~i~ traffic con~ea=ion on Teasley Lane.
~sis=~ City ~naser Svehla r~or=ed =ha= ~raffic studies were
usually done ia conjunction with zoni~ and all of ~e land
Teasley La~ area had bean zoned years a8o. Svehla also r~orted
=ha2 =o his knowledse. no e~anaion, r~air, or rebuildin8 was
scheduled in =he near future for =he ore.ass a= I-3~H and Teasley
~e.
16. ~e Council considered a r~or= on ~he ~nic~al
co~u=er
City AtCornmy Taylor r~orCed ~hac =he mos= curren= ~nfomCion on
Che co~uCmr mymCem had been ~iledto 2he Council. ~m ~erts who
puc Co~eCher the r~orC should ~ke the r~orC Co =he Council.
Council ~m~r ~kins moated that he ~houshC a study had been
co~le~ed ~ich found =ha~ =his C~e of system sof~ware was not
available.
Taylor re~o~ed :hat ~his ayet~ was no= available uncil now and he
believed thaC ~e sol=ware ~uld work with the City's co~u=er with
a con~rter. ~e cos= of =he converter was ~prox~=e[y
Taylor further r~or=md ~a~ ~ia eye=em had been devalued by a
Judge in consults=ion with IBM.
Ga~ Collins, D/ret=or of DaCe ~ocessin~, stated =hat the City's
coin=er my~=em was a Sya=~ ~. ~e ~eracin8 system was unique to
=he 34 and he questioned if the cour~ sXstem could be used.
~iori~y Systems had been hired ~o do a co~a~ibiliCy s~udy wt=h =he
pu~ose of a~idinS ~enaive prosr--mer coats. L~ had conduc=ed
a s~udy =o assess =he needs of =he Munic~al Court, Police
~par=~u= and DaCe Proceaains. A ~e~i~ had been held
priori~ize needs. C. J. was =o coordinate another
prioritize and ~o establish ~a selec~ion criteria.
~0~ City of D~nton City Council Minutes
Meeting of October 4, 1983
Page Fourteen
City Manager Hartun$ stated Chat the City of Bryan was running the
same system as the City of Denton.
an IBM representative and had understood from the discussion that
~his program could be converted to run on the City of Denton
coeputar.
Mayor Pro Tam ~iddlesperger asked if the priorttizetion of needs had
been done.
Taylor responded that the involved parties had not met since July
but that the proposed system was acceptable.
Mayor Pro Tam ~iddlesperger asked if the City Attorney had Calked to
the other affected departments about the proposed system.
Taylor responded that the departments had received the same
information as the Council.
Judge Howard Watt stated that he had received the memorandum and was
to meet with C.J. the next day.
Taylor stated that the system which ha was proposin~ would cost less
than the system which the City of Bryan was using.
Hartun~ asked if the City Attorney had seen tho City of
system.
Gary Collins reported that the City of Corpus Christi would allow
other cities to copy their software if the Data Processini Directors
visited the facility and found the software to be coepatible.
Council Member ~hew stated that he believed a communications problem[
existed. A visit needed to be made to San Angelo and Bryan and~
investigate the court oom~uter system.
Council Member Hopkins stated that he believed that was in reverse
order. The criteria needed to be established first and then visits
could be made to look at various systems.
Collins stated that representatives from the Police Department,
Animal Control, and the City Attorney needed to prioritize needs.
Council Member Hopkins stated that all parties, including the
Director of Data Processing, needed to get together and decide
what was needed, look at the various systems which were available.
The recommendation should 80 to the Data Processing Advisory
Committee prior to Council action.
1060C
409
CtTY COUNCIL H/~UTES
Oct:obit ll, 1963
The Council convened into =he Special Called Mea=in~ at 5:00 p.m. in
the new Police Butldin~.
FgJ~SENT: Mayor Stewart; Mayor Pro Tam Kiddleepergar; Council
Members Alford, ~lr=on, Chew, Hopkins and Stlphena
CiCy Manager, City Attorney and CiCy Secretary
1. The Council considered edition of an ordinance instituCin~
annexa~ion p roceedin~s on a tract of laud consistin~ of
~prox~mataly 150 acre~ be~ni~ a= =Be in~ersec=~on of ~yhilt
~oad a~ ~12 ~inney S~reet. Z-1590
~e foll~ ordinance wll prelen=ed:
NO. 83-
~ ~Z~CE ~I~ A ~CT OF ~ CO~IGUOUS ~D
~d~ TO ~ CZ~ OF DE~ON. ~.' BErG AT,~, ~T LOT.
~ O~ F~C~ OF ~ CONSISTING OF ~P~I~T~Y 150.5
~ OF ~D LYI~ ~ BEZ~ SZ~AT~ IN ~ CO~ OF
D~N~ STA~ OF T~ ~ BEZ~ P~T OF T~ M. FOIST
S~, ~S~CT NO. ~17, D~ON CO~. ~; ~SI~ZNG
DE~ING ~ EF~CTZ~ ~TE.
~ew mo=ion, ~k~na lecond =o ad~= =he ordinance. ~ roll call
vote B&r=o~ "aye". ~kina "aye", S=~henl "aye"~ Alford "aye",
~tddle~lr~er "aye", ~ew "lye", and Mayor Stewart "aye". ~t~on
carried u~n~ous ly.
2. ~e Council =hen 2outed ~he new Police Build~n~.
1059C
¢~TY CO~CIL
October 1~, 1983
~e ~uncil convened into ~he Work Session at 5:30 p.m. ~o receive a
r~or= from r~reseu=aCivea of ~ur ~eraen on ~e a~a=us of
audiO,a r~orC on the mann--nC lector, and a r~orC on the
resulCa o~ the ~ecial aCudies.
P~S~: ~yor Pro Ten R~dle~e~ser; Council ~rs Al~ord,
~ev~ ~kins and
City ~Ser, City ACCo~ney, a~ Cicy Secreca~
~S~: ~yor Stewart was acCendins a conference ouC of
Council H~ber Barton was ~11.
~r. Bill Dillon, Mr. Dick Xreucz~eldC, and Mr. Wilber Smith o~
Arthur ~deraen were present.
Mm. Dillon ol Arthur Andersen r~orted cha~ three areas would be
discussed includi~ ~he sca~us o~ ~e a~dic, ~he aa~en~
and the results of ~he ~ecial s~iea ~ich had bean aonduc:ed.
~e audi: was unde~ay with ~e planning a~ prel~i~
c~le~ed. No probl~a had been en~uncared and co~eeaCion
~e Cl~y sCaf~ ha~ been excallenc. ~e ~e~m~ le~er co~n~s
were bei~ devolved and a dra~C of ~he financial s~aC~n~s had
been c~le~ed and was currently bei~ revie~d ~ ~na~emenc.
ForaYs were bei~ revised Co mee~ Cer~i~ica~eo~ Con~mnce
r~uir~enca and reclassification and reaCa~amen: of prior year
~o~nCa were bei~ i~lamen~ed. ~Jor issues were ~he disclosure of
ba~ a~ock sui~ still ~o be ~de, ~e c~i~alizaCion o~
~lch woul~ increase assets and nec income of u~ili~les wi:h
e~ec~ on. cash fl~w, and the recording o~ :he liab~li:y ~or acc~d
vacation xeave. Arthur Andersen s~s~esced ~ha~ ~his be
~hia year. ~e final audl~ r~orC would be presented Co
on December 20.
Mr. Dick Xreu~z~eldc r~orCed ~ha~ no ~Cerial weaknesses or
aisnifican~ problems had been no~ed during :he pr~ara~ion of ~e
~n~emenC loC:er. ~e lea:er inco~oraCed i:ems iron ~he ~ecial
s:udies ~ich had been co~le~ed bu~ there were no ~Jor issues
o~her than ~hose ~ich had been covered by :he s~udiea.
prior year reco~endaCious had been ~la~nCed C~
~nag~ant lecher would be aenc ~o the Council.
CiCy ~ser ~r:u~ ama=ed ~ac based ~on ~he work ~ich had been
co~leCed so far, he was ve~ t~raased wi~h =he professionalism
Ar=hut ~dersen.
Mr. KreuCzfeldC r~or=ed on che results of =he ~ecial a=udies ~ich
had been conduc=ed. A review of ~e Fiance D~ar=~n= had been
co~le~ed usin~ Che ~proach of inCe~iewa wi~h d~ar~men= personnel
and a =~e analysis. ~e pr~ concern wa~ =he lack of ~eliness
in co~le~in8 monthly closi~s and providing info~ion =o ocher
procedural ma=tore and d~ar=men= sCaffin~. ~e procedural probl~
were at=ribu=ed =o a lack o~ cloai~ procedures fo~l
doc~en=a=ion, an excess of manual checkin8 of info~a=ion prior
i~uttins in~o the co~u=er, delays in recaivi~ info~=ion from
o~her d~ar=menCs and many functions bein~ manual~.y perfo~ad. Mr.
Kreu=zfeld= su~es=ed doc~enca=ion be fo~alized ~ich delivered
~en info~=ion should be ~iven ~o Che Finance D~ar=menC and when
the Fiance D~ar~men~ should give infomCion our. Fur~er, i= was
reco~ended =ha= =he s=aff should rely
~n
Co~uC~
for ~c~uracy of i~u==ed info~=ion or
do a check on a s~lin8
basis rs=her than a 10~ check of all ~=eriAls. I~ wan
~ha~ deadlines could be moved ~ead and be=mcr c~u~icated =o =he
F/~an~e.D~ar=~u= and ~hoae o=her d~ar=~n=a au~==l~ i~uC. A
p=Lorx~za=ion should be done of manually perfomd func~ions
~chaniza=ion considered for as many of Chose functions as possible.
411
City Council Hinutes
Meatin8 of October 18, 1983
Mr. Kreutzfnldt ~hen addressed the issue of staffin~ statin~ that a
co~parieon had been comp lc.ted of o~r cities of co~a=abl~ size.
~aCity of ~uCon h~s 9 1/2 staff ~bers tn ~he Fi~ncs ~arcmeuC
~i~e other cities have bit,In 9 co 13. ~e Ci~ a~lysia ~ch
had been c~leted tn the d~ar=~n= ~rified =hat too much ~ was
~mnt on chmcki~ i~u~ a~ ~nual functions wi~h several pe~le
pmrio~i~ ~e s~ data ent~ func~iou. ~hur ~mrsen
rec~nd~ Co reduce t~ cons~i~ ~nua~ functions by
mechanic=ton and to c~bt~ certain funci~ons, ~e City Personnel
D~a~nt vel c~letiq ~ a~ly~i~ ~f ~e d~ar~en~ to mae
ataffi~ re~aion~ would be
Hr. Kreut~feldt allo r~orCed on syaC~a plannin~ aCaci~ chaC there
was a probl~ with a lack of a coordi~Ced systems plannin~ cf[crC.
A sCudy of ~yeCams planni~ had been conducted by LW~ In 1978 and
the current needs ~re ncc Che ~. ~e rec~ndacion was
perfo~ a currenc a~lysio of d~arC~ncal needs. ~1~o ~ere was
l~iCed or no use of the r~orc ~icer c~abiliCy o~ c~e c~uCer.
~e reeul= was ChaC r~orCa ~IC were ~eneraCed did not entirely
meet ~he u~er needs and too much time was bein~ ~ent worki~ with
exisCin8 r~orts. ~thur ~ersen reco~ended an eval~tion of ~he
need for r~o~s ~lch c~ld be ~enerated by the r~ort ~i~er as
well aa an evaluation of ~eds. ~ere also was a lack of
auto,Ced software in~erf~eeCrai~in~, however, this was not a priority
issue ~ia t~ aa i~ only r~uired ~prox~=ely 20 hours per
~nth ~ acco~lilh ~an~lly and would require a major conversion
effort.
Mr. KreutzfaldC also r~o~ad ~at ~he absence of a Finance Director
and Assistant Fiance Director for an extended period of t~e would
ne~atively ~ac~ ~he pro,utility of ~he d~artment. Staff meeting
should be held In ~e d~art~n~ and with o~her d~ar~en~ to keep
co~unicaCion~ ~en. ~e work and s=oraee areas in the Finance
D~art~n~ were ve~ limited and ~his some=~es caused morale
problems.
City ~er ~rtu~ stated ~at =he Perso~el ~par~men~ had
co, arable li~e. ~ese included ~an and Garland.
proceed reorganize=ion of ~e Finance D~ar=~n= would have the
Fiance Director r~or=in~ to the City ~ua~er, =he
F~nance Director r~or=in8 to =he Finance Director, =~e Senior
~couu=an= and Senior ~counti~ Clerk r~or~in~ =o =he
Fiance D~rec~or. All accounc~ts would r~or= =o ~he Senior
~coun2an= and all accoun=tn8 clerks would report =o =he Senior
~coun=in~ Clerk.
~reutzfeldC r~or=ed ou the ~ecial studies s=aCiu8 2ha= in ~he area
of f~ed ae~e2s, =he City does not have detailed accountin8 records
which r~resen= 7~ of =he assets.
reco~ation was =o parfo~ an inven~ory and dete~ine/esti~=e
=he cos= of =he as~e=s~ =o establish an accouuc~n~ system for
recordi~ a~eCss Co consider es~ablishin~ a pr~erty accoun=in~
system 2o process utility work orders and ~o establish procedures
for ~daCi~ records.
~. Kreuczfmld= =has r~orted on the issues rela=in8 =o the required
r~ort/n~ under ~A (~blic Utility Re~ulato~ Policies Act of
1978). ~ese r~orti~ requirements ~ply =o all electric utilities
with a~nual maie~ of over 500,000,000 kilowatt hours with the
biennial fill~ due June 30 of each subsequent year. ~e ~eneral
rmquirm~nts %f ~PA reportine. In o~der ~ avoid nonco~liance
with the r~uzrements, the fecundation ma e was to a~p ly the
info~atton for 1984 and ~o request an exe~ion and/or an ex=enaion
ior 1983. Also rec~ended was ~o devel~men~ =he info~=ion ~ich
would be required ~o meet ~he requiremen~s by devel~in8 f~ed asset
records a~ =o revise the chart of accounts.
Meetin$ of October 18, 1983
Paee Three
Another problem which wes addressed was the lack of documented
policies and procedures for =he Motor Pool Fund. Mr.
ass~G ~o one ~n~vSdual.
~m last i{sue r~or=ed on was ~he devel~nt of yearend
on~r~a~_ au~ price,urea. ~ur ~dereen wal in pr~ess of '
c~le~ ~e cioszn8 procedure~ doc~enCa~iou a~ a~able.
doc~ntation was collated on ~ou~ine closi~ en~r~ol and
nonroutine entries procedures were in process.
I= was =ha consensus of ~e Council ~o continue ha~ .~e entire
Council present for future ~reaen~a=ious from =he audi=ors
~e Council convened /nrc =he ~acu=ive Se~s~on 2o discuss
matters, real elCaCa, personal, and board ~poin~n~s.
official ac=ion was taken.
~e Council then convened in=o =he ~sular Meeti~ a= 7:00 9 .m.
~e Council ~bers.
~S~: ~yor ~o T~ ~iddle~ereer; Council ~m~rs Alford,
~ew, ~kins an~ St~hen8
City ~naser, City Attorney, and ~i=y Socreta~
~S~: ~yor Stewart was a=ten~in8 a conference out of
Council Member Bar,on was ill.
1. ~e ~uncil considered approval of the Mi,=es of =he
~Sular ~e=in8 of S~tember 20, 1983; the Special Celled ~e~i~ of
S~=omber 27, 1983; the ~esular ~e=ins of October 4, and
~ecial Called Mee=in8 of October 11, 1983. 1983,
H~kins motion, ~ew second to ~9rove ~he Minutes as presented
Motion ca~rie~ u~nimously. ·
2. ~e Council considered awardin8 bids for =he co~ercial a~
residential solid waste systems for =he City of ~nCon.
I~em ~8)
H~kins mo=ion, ~ew second =o not consider awardins bids for
co~rcial and residential solid waste systems and ~o reject
bids.
Council ~mbers St~hens asked if =his was to kill or pestene the
awardin~ of =he bids.
Council ~mber ~kins replied his motion was =o kill the award and
rajec~ ~e bills. Motion carried unan~usly.
3. Consent
~e following Consent ~enda was presente~:
A. ~rchaae Orders:
1. ~rchaae Order ~ 60289 ~o Racal-Mileo Info~a~ion
Systems for $3,024.00
2. ~rchase Order ~ 60291 to ~wlet=-Packard for
,632.00
3. ~rchase Order ~ 60295 =o ~cision ~=a Coco=er
Co~oration
City ¢ounc£1MLnuCes 413
Meetin8 of October 18~ 1983
Pass Four
4. Purchame Order ~ 60334 to Anacc~p Hicro- 8r~hics
£or $8,000.00
5. Purchase Order ~ 60350 to ~rox ~or~c~on
$9,000.00
6. ~rch~ae ~de~ t 60383 to Bay ~eni~al and ~ply
for ~7.6~.30
1. ~prov~l of the prel~inary pla~ and final site
plan of ~e Allan Esha=es ~bile ~ Park
~di~ou. (~e Plannin~ and Zonin8 ~ission
reao~e~ds ~proval.)
2. ~proval of =he prel~i~ry 91a~ of
block 1, ~d~e Creek ~d~=ion. (~e Plannin8 and
~ Zonin~ ~ission reco~nds ~proval.)
~ 3. ~proval of =he prelimina~ 91a~ of ~e ~adows
~dt=ton. (~e Plannin8 and Zonin~ Co~iseion
r,co~,ud~ ~roval.)
~proval of =he prelimi~ 91a= of Nor=hrtd~e
Su~ivts~on. (~e Plannin~ and Zonin~
recovers ~proval.)
~. ~,roval of =he ~relimina~ pla= of Woodhill
~ar~n=s ~di=ion. (~e Plannins and Zonin8
Co~issio~ reco~ends ~9roval.)
6. ~proval of =he prel~ina~ pla= of lo= 1, Godi
En=e~rtses L~iced ~dition. (~e Plannin~ and
Zoni~ ~ission reco~ends
C. Paints:
1. ~p~ov~l of pa~en= of a ~ r~fund.
2. ~proval of ~a~enC of ~he City of Den=on annul
dues =o =he North Central Texas Council of
Gover~n=s.
3. ~prov~l of ~a~en~ of =he City of Denton annual
dues ~o the '&'exes ~nicipal
D. ~n~racts:
1. ~proval of a con~ract with Denton County Friends
of the F~ily in the ~oun= of ~25,000 =o provide
emersency shelter and counselinE=o worn and
=heir children, ~o are vicW~s of f~ily
v~olence; =o provide counselins =o vicC~s of
r~e and their f~ilies~ and =o provide co,unity
educ~C~on se~ices concerninS r~e and f~ily
violence. (~e H~an ~eiources
rec~eadl ~proval.)
2. ~proval of a contract with Se~ces Prosram for
~i~ Needs in the ~ount of S23,000 ~o
=ran~orta=ion, ho= meals~ and info--rios and
referral sauces to persons ~y years or
older. (~e H~n ~esources Co~l=~ee reco~ends
~proval.)
3. ~9roval of a contract w~Ch Semites Prosr~ for
~i~ ~eda In ~e amount of $11~000 to provide
(~ltity Council l~inutes
l~et:i~ of October 18, 1983
Paso Five
tr. ansportation .~o qualified handicapped citizens
ot ~nton. (The Human Resources Committee
recommendl approval.)
Approval oX a contract with Fred Moore Child Care
Center in ~.he a~ount of $12,000 to provide day
care for low income families; information and
referral services; protective day care for abused
children; and family self-support services. (The
Human Resources Com=i=tee recomnds approval.)
5. Approval of a contract with R~tired Senior
Volunteer Frosram in the a~oun= of $5,000
offer opportunities for retired persons sixty
(60) years of age or older to do volunteer
service in ~he community. (The Human Resources
Committee recommends approval.)
6. Approval of contrac~ with Denton City-County
Day Nursery ~n the amount of $7,000 co provide
Iow cost day care to low incom~ families where
both parents work. (The Human Resources
Committee recommends approval.)
7. Approval of a contract for professional services
in the renovation of the west wing of ~he
Municipal Butldin~ (former Police section).
8. Approval of contracts wir. h youth sports
associations ·
Mayor Fro Te~ Riddlesperger asked that Item 18 be removed from the
Consent A~enda.
Stephens motion, Chew second to approve the Consent A~enda with the
exception of Item #8. Motion carried unanimously.
Mayor Pro Tam Riddlesperger stated that some controversy had arisen
over the use of the playinS fields. Apparently under the present
situation, =he City turned over to the playin~ fields the schedulin~
of all events on the fields. This ruled out such groups as the Y~CA
who had approximately 280 children playin~ soccer and they felt left
out. Riddlesparger asked what was the proper way to schedule the
fields and how had it been done.
Assistant City Manager Mc£ean responded that =he achedulinS was done
just the way it was in all of the ocher associations, which was that
the associations did Chair own schedulins. The issue with the Y had
been that they were categorized as a non-profit orsanization.
Through the sports associ&tions, the City provides the playing space
for groups Chat are sponsored by the associations and the City of
Denton. The City did not provide any space per se for any
non-~ro~i= group. Jane Malone, President of the Soccer Association
and member of the Parks Board, had attempted to work with the Y to
work them into the field schedule. The schedule for the fall was
already set. The contracts on the asenda only provided for funds
for officials and did hoc have anything to do with authority for the
schedulin8. The staff recognized the concern and =he Park Board was
lookin~ at ways to maximize the City's facilities. The Park Board
would be brinsing the master plan to the Council in the next
months which would address the issue of expansion. First priority
now was bein~ given to chose grou~s sponsored by Cha City and the
~orts association, which was open to everyone. The problem was
at the ¥ charged their membership.
Riddlaaperger motion, Stephens second to approve Item 18 of
Consent A~enda. Motion carried unani~aously.
415
City Co~ncil l~nutes
Heeti~ of ~o~ ~8~ ~983
4, ~pearance by ~r. Kichard Valters resardin~ a drainaSe
ditch.
drainaSe ditch cunnic~ frmi the Acme B?ick .~ompany prop. arty. chro.u,~h
hie yard. Th~ ditch was plui~ad up eith mua and when it raLns, the
water co~es up in his yard and. into. hi~s hou. a_a. Hr: Walter. a then~
stated =hat he was ~ppearkn~ hazers C~ne ~ounc~l to Sec son cyme o~
resolution to cha probll whether ,.he City or Acme Brick was
re ~ ohs kble ·
~yor PTo Te~ ~,tddla~perlar iCated Chat the Council would instruct
the Staff Co provide Cham vkCh lnfor~aCion.
A~siscanC City Hanaser Sv~hla r~or~ed the proper~y did. have a ditch
across it. Toe C£Cy does nec have drainase easement ~n this area.
There are liCtlin~ Cankl aC Acme Brick chat do overflow durin~ heavy
rains. Howard Martin of Cbs City Laboratory had checked Chela casks
and fou~ chaC they contaXoed only clay particles and do nec contain
any poXluCants.
Mr. Wa~Cars itaCad chat the water flow was continuous and had been
for several yeari. Hie. arCo,choy,had advile, d him,Chat when .w~ter ran
through property conttnuouszy :or a numoer o= years, :c was a
natural ealemenC. The rain did cau~.e the .aeC, tli,n~
buC the ditch ran waCer &11 the t~me asa snouza De c~ea :nco cn
City's sever system.
Council Pmmber C~ev asked Hr, ~alters if he would be willie8 to give
thin aa an easement Co the tic7.
Hr. ValCers relponded tB~a.c he would but the City Ensineer had
info.ed h~ ChaC he would have Co brine the d£Cch up to standards.
Assistant City ~anaser Svehla scared thac the racer crosses other
property also and all parties involved would have Co siva the City
easements in order for the City Co mainCa£n the ditch. If the ~evel
~l~ethe d~.Cch were levered, the racer would stand in certain spots.
water from the seCClknl Casks and/or from rainfall would ffollov
the lay of the land. The City Attorney wou~d need Co ~aaue an
~n~on on ~eCher ~ Sr~ck had the authority co
water COUC~UB ly.
CiC~ A=Co~ey Taylor ~uiJeiCed thaC further [arCs would need Co be
~aCher~ a~ r~orC back Before any ceco~udaCion~ could be ma~e.
~e coulensul of ~e Council was ~o have the City Attorney ~a~er
infection and c~orc a= ~e November I ~uncil meeCi~.
5. ~blic ~artnls:
A. ~e Counctl coniidered the petition oJ Brian Burke
c~reie~C~ Joe JeCer r~lCina a chanae in zonini
rural (A) Co the 91an~ devilment ~PD) clasei[icaCion on
~pcox~Cely 18.8 parcel located adjacent a~ east of Old
north of ~ra ~ne. ~f ~pcoved~ the planned derailment (PD)
would pe~[C ~e followt~:
Sidle F~lly De=ached - on 14.0 acres
(m~n~ lot size, 6,400 uare feet)
~e ~yor Pro Tern ~e~d 2he public hearthS.
Mr. Brian Burke, coneul=i~ civ~l en~ineer, ~oke in favor of the
chanled Co the planned de~l~nC that would pe~iC no more than 86
lo2s =o be buil= on =he 9r~er2y. ~e petitioners wan~ed ~o mae2
~iCy Council Minu~es
-~eetinS of Oc=ober 18, 1983
~ase Seven
all of ~he City requirements and s~andarde for SF-? housin8.
devel~men= would be all si~le f~ily de=achad housing.
Council ~mber H~kina asked if ~hi~ was near ~he flo~ plain area.
Mr. Bu=ke s=a=ed ~aC no parc of =ha subdivision ~uld fall in
flood p lain.
No one ~okm ia ~poaition.
~a ~7or ~o Tern cloled the ~ub~c he~r~.
David Ellisoa, Devel~nt ~view Planne~ ~o~ed ~ha~ 18
fo=ma had been ~iled wi=h ~ re=urned La favo= a~ 1 in
to ~he pe~i~ion. ~e petition wa~ conais~en~ wi~ Den~on
Devel~n~ Guide policy and was in tn area ~e~e the Council had
~proved 6,000 ~o ~,~00 square ~ooC lots. Wi~h ~ha davel~u~
place, access Co ~e north would be h~ered; hoover, a
~evel~ed area was sit,ced ~o ~he no~ o~ ~hia aras. ~a
~uld watch ~u~ure devel~meuC ~o ~ha ~Ch with aa eye ~o ~a~ic
access. ~e Planning and Zoni~ ~miaalon ~el~ ~ha~ ~he concede
of ~e area pr~e~y o~ers ~o r~lied may have c~ ~om
~eaia~ance ~o ~ro~h. ~e P~Z had reco~euded ~groval wi~
comdi~ions. ~is pe~i~ion was in a quadrant o~ the City ~era there
had been a considerable ~ouac o~ iow ~o moderate inc~e houai~
devel~n~a. ~e Devel~men~ ~ide does hoc dea~s~Ce any
aa an area ~ere ~his ~e o~ iow ~o ~deraCe houal~ should be
concentrated. ~e maaaase will continue ~o ~ sem~ ~o
devel~men~ co~uni~2 ~ha~ ~he C~Cy would l~a ~o see bala~ad
1. ~e Council considered edition o~ an ordinance
~provin~ a ~h~nse in zoning ~r~ aSricul~ural (A) ~o ~he planed
devel~n~ (PD) classification on an approx~Cely 18.8 acre parcel
l~aCed ad~ acen~ and east of Old North ~ (also call.~
~ki~bi~d~ a~d ~prox~ely ~30 ffaeC north o~ ~d~a
~ns-
~e ~ollowin~ ordi~nce was presented:
No. 83-119
~ O~IN~CE ~DING ~ ZONING ~ 0F ~ CI~ OF
T~, ~ S~ WA~ ~ ~ ~ ~P~ ~ ~ CODE 0F
O~I~C~ 0F T~ CI~ 0F D~TON, T~, BY ~CE NO.
69-1, ~D ~ SAID ~ ~PLI~ TO ~OXI~Y 18.838 A~
OF ~D O~ OF ~ R. B. LONG~OH S~, ~S~CT NO.
775. DE~ON C0~, T~; ~D ~ P~TIC~Y DES~IB~
~IN~ ~D DEWING ~ E~r~CTI~ ~TE.
~kins mo~ion, ~ew second ~o ad~ ~he ordi~nce wi~h ~he
condi~ions aa stated by ~he Plannin~ and Zoni~ Co~iss~on. On roll
call vo~e ~kins "aye", S~hens -"aye", Almond "aye", ~ew "aye"
and ~yor T~ Rid~le~erser aye . Notion carried
B. ~e Council considered ~he petition of Ba~ Waehal
re9ues~in~ a change in zonl~ f~ ~wo-f~ily (2-F) ~o ~he
family (SF-7) claasiffica~ion on lo~s 1, 2,3. ~, 19, 20, 21 and
block 1, North L~e Parks ~diCion.~e p~e~Cy is located
adJacen~ and wes~ off ~h~ pro.~ec~e~ extension off Parkside Dri~ a~ a
po~n~ baginninS ~prox~ma~eIy 82~ ~ee~ sou~h off Bowling Green.
Z-1808
~e ~yor ~o Tern ~eued ~he public heariuS.
~. Bar~ Wachal, devel~er, ~oke in ~avor of ~e petition s~a~in
~a~ ~en ~he pr~er~y was purchased iC had bean zoned
~wo-f~lly dwellings as ~here were d~lexes in the ~rea.
devel~ars now wished ~o have ~ha zoni~ changed ~o SF 7 so
sidle f~ily de~ached dwellings could be buil~ ~ns~ead o~ d~l~ea.
City Council Minutes 417
Meetir~ of October 18, 1983
No one ~poke in opposition to the petition.
The Mayor Pro Tam closed the public hearing.
David Ellison, Development ~eview Planner, stated that 2 reply forms
had been mailed with 0 returned. The staff had nothin~ to add
Mr. Wach&l's
1. The Council considered adoption of an ordinance
approvi~s ~ chan~e in zoning from two-family (l-F) =o the sinale
family (SF ?) classification on lots 1, 2, 3, 4, 19~ 20, 21 and 22,
block 1, North Lake Parks Addition.
The followin~ ordinance was presented:
NO. 83-120
AN OEDINANCE AMENDING THE ZONING MAP OF THE CIT~ OF DENTON.
TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE
O~DINA~CES OF ~ CITY OF DENTON, TEXAS, BY ORDINANCE NO.
69-1, AND AS SAID MAP APPLIES TO LOTS 1, 2, 3, 4, 19, 20,
21 ~ 22, BLOCK 1, NOETH LAKES PARKS ADDITION, DENTON
COUNTY, TE~; ~D MO~ PA~TICULA~Y DESCRIBED HE~IN; AND
DECLA~INGAN EFFECTIVE DATE.
Stephens motion, Chew second to adopt the ordinance. On roll call
vote Homkins 'aye", ~tephens "aye", Alford "aye", Chew "aye", and
Mayor Pr'o Tam ~i~dle~perser "aye'~ Mo:ion carried unanimously.
C. The Council held a public hearing to consider
annexation of epproximaCely 35.66 acres of land located, along the
south side of Hickory Creek Eoad beginning at FM 2181. (Z 1609)
The Mayor Pro Tam opened the public hearing. '
No one spoke in favor.
Mr. Gordon Meredith, speaking for =he owner of the property off
Hickory Creak Eoad and Teasley Lane, stated tha: he did not know why
the City Council would annex more than half of their 20 acres aC
this corner. He stated ~hat he assumed that someone on the other
side wanted City services, The annexation would take a huge swath
out of the property. Mr. Meredith also stated that his home had
been in the City limits for 10 years and did not receive any City
services and did not want to pay taxes on another piece of pro~erty
which did hoc receive water and sewer service and minimal police
protection. MT. Meredit-h proposed counter plan of takins a
utility easamenC along Hickor7 Creek R~ad.
Mr. Gillie Hammett, representing the Denton Police Association as
spoke~person, stated =hat the association was against all of the
annexations on the Council aSenda. The Board of Directors of the
associaCion had sen= Mr. ~ammet= aa spokesperson to state =heir
reasons for opposin~ these annexations. Research had been done on
=he increases in police services rendered be=ween 1981 and 1983.
Mr. ~,eCt reported the increases in monthly a~erase of patrol
milease, average calls for service, custody oz non traffic arrests,
felony offenses reported, accidents, and traffic citations issued.
Mr. Hamme=t then raporced that in 1981 there wer~ 44 sworn
officers. In 1982 =he Police Department reques=eO 12 officers and
had 6 approved with 2 funded. ~ ~dditional 4 officers would be
added in ~ril of =he following year, however, =hess were postponed
and no= added until 1982-83. This year the Police Department had
requested an additional 4 officers and 2 were approved. From 1981
to 1983 there had been an increase of 4 patrol officers with no
increase in =he amount of criminal investisation officers to do
follow u~s on criminal activity. With the increases in building
permits for a~artments, .he addition of three mobile home parks with
~]-~ity Council Minute·
~eting of October 18, 1953
Pass Nine
facilities for 500 mobile ho~es, and the additional 7991 ·cra· which
have been annexed ·inca August of 1981, the Police Association did
not feel that they could adequately control ~he City with the number
of officer· which are presently on the force given ~he rapid growth
of Denton.
Council Member Stephen· ·lked Mr. ~ammetc if he wee · sworn officer
of the Denton Police Department.
Mr. HammeCt responded that he wa· but he wa· opeakim~ as a member of
the Police Association.
Mr. Dick Fo·car, adJoinin~ property owner, suggested that the
traffic pattern on Tea·lay Lane should be investigated before the
City con·id·red any development in Chi· propose~ annexation area.
Hr. Foster scared Chat he believed that any development could be
controlled under the City'· extra territorial Jurisdiction. Mr.
Foster also stated thaC he hsd om knowledge of what wa· proposed for
this are·.
Mayor Pro Tern Riddleaperser responded that the City was aw·re of ~he
traffic problem· on Teaaley Lane but that housing would be built in
this ·re· whether it was in the City limits or not.
The Mayor Pro Tam closed the public hearing.
Charlie Wa=kins, Senior Planner, stated that 4 of the annexations on
~he agenda were · result of a staff study of area· which it felt
had a high growth potential. This particular annexation hWaad~ been
initiated in accordance with ~he City Council's annexation policy.
Whenever a development was proposed in the City's extra terr~torial
Jurisdiction which was essentially more than $ lots, it may have a
significant tmpac~ on the City. The parcel which ia requested for
annexation is 35 acres in size beginning at ~ne corner of Hicks.fy
Creek Road and Teasley Lane. This was essentially a 500 foot strip
which goes westward co a 17 acre parcel w~are a 32 lot subdivision
is proposed. If this development is cot annexed, the developer can
build the in=ernal street system to County standard· which are
essentially ~ravel road· with bar ditches. The developer planned to
install a well system for water distribution and septic systems for
sewer disposal. The concern of the City was ~bat ~he ex~erience had
been =haC over time the water and/or sewer system· malfunction and
the nearest local sovernment is requested to resolve the problem
which would be a coat to all taxpayers. I£ annexed, the street
system would be built Co City standards which would mean a curb and
· uttered street and the infrastructure would have to be of a hisher
quality than if left in the extra territorial Jurisdication. In the
annexation process the Council can take no action on this item and
can hold ann=her public hearing on November 1, or could discontinue
the annexation proceedings or reduce the size of the area to be
annexed. The reason the piece of land which adjoins the subdivision
and goes to Tea·lay Lane is 500 feet in width is to meet state
statute requirements for annexation.
Mayor Pro Tern Riddlesperger. stated thaC this was essentially
a
defensive move on ~he part o£ the City to avoid bain& surroundin~ bY,
septic systems and well wa=er distribution systems.
City Manager Hartun~ commented =hat he was extremely disappointed
=haca Stoup of individuals who claim co be speakin~ for · grou~ of
City employees would take a somewhat self-servin~ attitude about an
issue this important; particularly when in r~he very near future, the
Police D_epartment would be movin~ into · new facility on which the
people of the community had spent over a million dollar·. There wa·
no question that the City Council had given the hishe·t priority
that they could to providing police and fire protection to people in
ch· community within the ability of the citizens Co pay. It was
easy 2o say that since not ·11 of the positions requested had been
funded, · fence should be built around the community. The Council
had added positions as could be financed. Not anne=ins these areas
City Council Minutes 419
l~etin~ of Oetober 18, 1983
Page Ten
would not atop gro~,'~Ja, the construction of mobile home parks, or the
developmnt of these area,. Eventually ~hese areas would be in the
City of D~nton. It ia in ~he lo~ ~e~ be.~ in~eresC o~
c~uni~y Co ~ve a pro~ of annexa~ion ~ich was nec baaed on
knee-Jerk reaction ~o dovel~n~ ~ich occured ~n ~he extra
territorial Jur~adic~ion. ~e City mus~ grow in a logical planned
~nner a~ Cha only wa2 ~a~ chis could ~e assured was wi~H these
areas within ~e City l~iCs. ~a Cl~y of ~n~on could nec
land usaa ovCaide o~ i~s Ci~ l~i~s. Eve~ d~arC~n~ ~n ~he City
orsaniza~ion was herinS ~o screech because o~ the period
ax~ramel2 r~id ~o~h ~ch ~nCon was e~erie~ln~. ~r~u~
s~a~ed ~ha Cl~y was ~alki~ about a prosr~ ~ich ~uld aCCe~c
bring ao~ order Co ~he devilment ~ich was occu~i~ on ~he
fringe of the Cl~y.
D · ~e ~u~il held a public hearing ~o consider
annexa~ion o~ ~prox~ely 101~.4 acres o~ land l~a~ed sou~h
H~hway 380 a~ wear o~ ZnZe~aca~a 35. (Z-1610)
~e ~yo~ Pro T~ ~ened ~e public hearing.
No one ~oke ~a ~avor.
Mr. John ~ncaa~er o~ ~he Selma Sch~l, spoke ~n ~poai~ion a~a~ing
~har he did nor see why annaxacion in chis particular area would
~ke any di~e~enca aa ~he area was virtually ~olly rural wi~h no
devel~n~ om i~ a~ ~he p~aaanC Ci~.
~. John Bradford ~oke ~n ~poai~ion sra~ing cha~ ~his annexation
was inevi~abla. M~. B~a~ord aca~ad ~har ~here had been no activity
~oward davel~men~ in ~hi~ area. Sgageman~s had been ~de ~ha~
City had no control over devel~men~ unless an~ea was in the
City. ~is did mot take in~o account the City's ~tra territorial
Jurisdiction r~uir~nts. If a davel~er were to devel~ in the
extra territorial Jurisdiction, ha would have to build streets
City standards and obtain City pe~its. Mr. Bradford stated ~at at
the next hea~ins ha would li~ to hear ~at the City would do for
the cit~ens ~o lived in ~e area now ~or the extra City t~ and
would t~ citizens Set curb and ~utCer streets. If ~o, unless
was a ~o=oushf~re, it ~uld ~ assessment pavia. ~e area did not
ha~ sewa~ or water problems. Mr. Bradford stated =hat he lived 300
feet fr~ ~e Hicko~ Creek sewer line and ~ecifically asked for
the cos~ of t~pi~ into the sewer line. ~e citizens were told
they would ha~ better streets, better electric semite, water,
sewer and police protection would be made available to them. A
power li~ had been ~n through the area parallel to TP~ semite.
~e land in this area which was recently annexed had not seen any
~ rova~nts.
~e Mayor ~o Tem closed the public hearing.
~arlie Watkina, Senior Planner, r~orted ~hat 6 r~ly fo~s were
mailed and 0 were returned. ~is area was e~eriencins and would
e~eriencins a s~ni~icant increase in p~ulation. Cities ~ically
desire to annex Just prior to the occurance o~ major urbanization.
If the ann~ation decision was ~de coo late, many undesirable land
uses and infrastructure would be in place. ~e City staf~ looked at
~prox~tsly 7,000 acres in devel~ins the =eco~endation for the
annexation of the four areas ~ich were before the Council. ~e one
thins ~at all four areas had In c~on was the Hicko~ Creek aewe~
line ~ich w~a a si~nifi~ant facto=. ~vel~ment in the extra
territort, 1 Jurisdiction allows ~e City only approval of plats.
the area becks urbanized In the future and is then tarn into the
City, all of the t~ayers would have ~opay the cost of ~$radin~
parcel vas of ~ecial ai~ni~icance as it was located Just west of
In~era~a~a ~, w.~s located in close proximi~y ~o ~he Denton
~nic~al ~o~c ~nd was already served by rail. ~e Hicko~ Creek
sewer li~ was in ~l~ce, a 16 inch wa~er line was in place nea~
420~i~y Council Minutes
~e~$n~ of October 18, 1983
Pass Eleven
airport and ocher capital ~provemants were proposed for ~his area
durin$ the next 4 years. This area was also a ~aJor employment
cen~er in ~he City. ~Cure roads ~uld be r~uir~ a~ t~ ~e area
were in ~he Cl~y [~i~s, devel~er par~ic~a~ion ~uld be required.
~yor ~o Tam E~ddle~er~er a~a~ed ~ha~ ~he City had ~o plan ~or
~unc~l ~mber S~hena asked ~y M~. Bradford had no~ bean aenc a
noCi~ica~o~ of ~he annexanion.
Welkins re~onded ~ha~ he ~uld check in~o ~he ~ission bu~ ~he
o~ pr~er~y o~ra was ~en fro~ the ~ rolls a~ the ~praisal
Dis~ric~.
City ~er ~r~u~ re~onded co Mr. Bradford's aCa~e~n~ reaardl~
~he City's p lac~en~ o[ power li~a ~x~ ~o exie~i~ TP~-lines~
~r~u~ s~aced ~haC ~his line was ex~ended ~o ~e ai~or~ subsCa~ion
~ich was a ~Jor t~e poin~ ~Ch T~A transmission ~rid and hoc
serve ~he area. I~ was no~ ~he prac~ice o[ the City of Denton
acquire ~he [acili~iea o~ any electric u~ility in an annexed area.
Council Hember H~kins s~a~ed ~ha~ if the area ~re ensued,
reaiden~s could s~ay on TP~ or ~rana[er ~o Cha C~y if ~hey wished.
E. ~e Council held a public heari~ ~o consider
ann~aCion o~ ~prox~ely ~.9 acres of land l~aCed weac of
In~e~s~ate ~ W service road and aou~h o[ the exis~i~ city limit.
~e ~or Pro T~ ~ened ~he public
~oke s~ro~y ~n favor o~ ~he an~xaC~on sCa~ Cha~ ~he area
~ed~ate~y ~ouCh and adjacent Co ~e C~y ~ ~nd aou~ and
~d~cenC Co pr~er~y ~ich was presently utilized as light
~n~uscrial ~r~er~y. In ~he near ~u~ure, ~his p~er~y would also
be used ~or lish~ indus~rial pu~osas. I~ ann~ed now, the
devel~ers would no~ have ~o wai~ ~or ann~acion and rezoninS.
~lson also ursed ~he sCa~ ~o consider annexation o~ an additional
~0 acres co ~ha sou~h. I~ ~a entire parcel were a~xed, pressure
could then be broush~ ~o bear oa ~ha SCats ~o e~aud, ~end, and
aain~ain the service road on Interstate
Council ~mber H~kins s~a~ed ~ha~ ~he ~uncil and s~a~ recognized
ChaC Chis particular area was a pr~ location ~or li8h~ ~ndus~rial
e~ansion and su~ses~ed ~ha~ ~he s~a~ look into the annexation
~e additional $~ acres.
No oas ~ok~ in ~posiCton.
~e ~yor closed ~he public hearin8.
~a~lie WaCkins, Senior Planner, s~a~ad ~ha~ the s~a~ had noChins
~o add.
F. ~e Council held a public heari~ ~o consider
an~xa~ion o~ ~proxl~aly 36~ acres o~ land located between I-3~ W
and ~ha S~n~a Fe ~ilroad.
~e Hayor Pro Tem ~ened ~he public henri,.
No oue ~oke in
Mr. Bill Eosers, devel~er o~ ~ha Solar Way ~diCion, spoke in
~posi~ion s~a~in8 Cha~ the Solar Way ~di~ion was an aC~a~C
devel~ an area in low density rural style wi~h ecolo$ical and
e~rSy conse~a~ion considara~ioms pr~. Wi~h pe~ission ~rom
the Ci~y~ ~he devel~men~ had used County speci~icaCiona ~or
City Council Minutes 421
~eCin~ of October 18, 1983
Page Twelve
lot sizes to retain the character of ~he area. If annexed, there
would bt ~ way Co develc~ fur,.her accordin~ Co C~y standards
info~C~ on~e ~v su~v2a~on ~les and regulations
es~a~es
~. L. A. Nelson, r~reseu~i~ber~W. Jones, ~o~ ~n
s~a~in~ cha~ ~. Jonas o~ acres om the ex~reme nor~ern end
~he Cra~ ~osed Co be a~ed, ~e ~crease is ~he real.er o~ a
la~er parcel ~eh had ~ea ~ly o~ed ~or ~0 y~a~s. ~era was
no access ~o ~e pr~e~y fr~ Interstate 3~W. ~erewas no
frou~ase on ~nnio Brae. ~8ro was a 2 acre ~rac~ on the ~s~
~e Santa Fe railroad ~ich was already in ~he City l~i~a.
~rac~ ~s on the ~a~ oi~ of ~e Santa Fa and had ~ access ~o
Bo~ie Br~. ~e land was cu~encly ~i~ used [or ca~cle
ranchi~. ~. Jo~8 also ~ o~er land in ~e County and in
br~sht ~ore Soi~ ~o ~et. In s~, Mr. ~elsou o~a~ed ~hat
there was se~relyl~itod ~caaa Co tho pr~er~y and this tract was
inco~atible ~ urban ll~a. ~are were no utilities available to
~ha pr~nrty.
~a ~yor ~o T~ closed ~he public hearing.
~arlia ~a~kinn, Senior Planer, r~or2ed ~aK 20 r~ly [o~s were
~iled ~ 1 re~ur~d in laver and ~ refund in ~poni~ion. A
plan o~ ne~ca was available ~or review. ~a ~oro~h~are plan
showed ~e nou~ern par~ o~ Bonnie Brae ~o be a major thorough[are.
I~ ~he area trained ouKaide si the Ci2y, ri~-o[-way dedicaKion
can be raquea2ed and obKai~d ~rom devaluers bu~ Cha City could
require dallier par2ic~a2ion.
Council ~r~ H~kina r~uoated the staffto look asain a~ the
particular piece of pr~erty ~ich Mr. Nelson had refere~ed.
G. ~e Council held a public heari~ ~o consider
ann~a=i~n of ~proxi~ely 1~5 acres si land located on both aides
of ~yhlll ~ north of Iu~erata=e 3~. (Z-1613)
~e ~yor Pro Tern ~enad ~he public hearing.
No one ~o~e in fair of =he pe=i~ion.
Ms. Pa~y Wilson, reaid~n= of ~e area, spoke in ~poei=ion
=hat she had received =he r~ly fo~ after the Planni~ and Zoni~
C~ission ~e=i~. ~s. Wilson ate=ed ~hat ~he residen~s~r no=
raceivt~ ~a no=ices- Me. Wil~on also questioned ~e=her =nee City
could offer fire pro~ec2ion ~o 2he area. In ~camber a house in =he
recently a~exe~ ~yhill area bur~d and =he City Fire Depar~n~
referre~ ~he call =o =he ~eriff ~o ~ified a volunteer fire
Ma. Wilson s~a~ed =ha= she knew
d~ar=men= =o re,smd to =he call.
=he City ~lice D~ar~n~ was unders=aE~ed and ove~orked a
ques2io~d ~e~er adeq~=e pa=roi would be available. In =he 7 1~2
years aha had lived in =he area =here had been no ~row~h. She did
understand ~a= 3 mobile h~ pa~ks were proposed. She also s=a~ed
~a= =he City d~ was 1/2 mile behind her house and aha did no=
consider ~ia a healey enviro~n~ in which =o ~aiaa children.
a=a~arda for roads, were road in =he City ~ich were no=
curbed a~ 8u~ere~ un=il ~he residents raques~e~ it. Ma. Wilson
r~or=e~ ~a= Mr. Fra~ ~r=i~ was devel~in~ in ~he ~yhill area
and had ~ed ~he roads ~ince before school was ou~ laa~ year and
=hey ha~ no~ been repaired. ~ article had appeared in =he Sunday
p~ar r~ardi~ =he wa=er =rea~n= plan~, and Ms. Wilson
=hat aha understood =ha= =he plan= would be =oo small in five
yearn. If anted, the area could be ~e~iced by City sewer.
~w~er article ate=ed ~a~ ~e sewer plan= would be =oo small
42 ity Council Minutes
MaeCin~ of October 18, 1983
Page Thirteen
five years .and that if areas already within the City w~ioh are nsc
on City sawer were serviced, the plant would be too smell now.
Mr. Georse Kay, resident, stated =haC the area was proposed to be
a~nazed last year but was deleted at ~he last minute but their
ae~hbors were annexed. A mobile home park was annexed iasc year
and since =hen It has double now has raw
in size amd sewerage
seepi.a~ onto adjacent property. Mr. Key stated thaC he has livedin
the a~Jacent area and had not seen. a police car coma down the road
since ~he area was annexed. Mr. KAy also stated ~hat accordins Co
the sheet which was handed out, the residents would have to So on
City electricity. ~r. Kay stated that he felt the City was not
doin~ what they had stated that they would ~nen the Mayhill
community was annexed.
M~yor Pro Tom Riddle~perser stated ~hat the Council was optimistic
about the City and felt that ~he CiCy had sood water and sever
systems. The Council and staff were planninS ahead for future
development.
Mrs. Mason Haggard spoke in o~posiCion aekin~ why t. he City annexed
part of the mobile home park and Andrews Corporation instead of
annexins all of it.
City Mmnaser Hartun~ remponded that the entire mobile home park and
Andrews Comporacion property had been annexed for several years.
Mrs, Hmgsard stated that Mr. WaCkins had stated Chat the Henry S.
Miller Company wanted co be annexed buC they were an investmmnt
company and the people who lived there had a lot invested in the
area. The residents would like to be ~iven the same consideration
as the Council sires Co Denton residents. The landfill had not be
placed in Southridse. The land had been purchased prior to the
announcement thaC this was the landfill site, Southridle did not
want Loop 288 so it had been placed in Choir community. Mrs,
Haggard asked if annexed, whaC City set-vices would the City provide.
Ms, Eilene Powell spoke in opposition statin~ that she owned
acres of land adjacent to Interstate 35E and asked whaC the City's
future plans were for the area and whaC benefit the City could siva
Co her. Ms. Powell also stated that the acreage would be desirable
for subdivision. A man had told her that the Council had agreed to
let him put a mobile home park on Pockrus Road which was next to the
potential subdivision area.
Mayor Pro Tam Xiddleaperger asked if the acreage for the mobile home
park was in the City limits.
Ms. Powell responded Chat iC was nsC.
Mr. Bob Coonrod spoke in opposition sCaCini Chat a statement had
been made relardin8 how proud the City was of the sewer plant. Mr.
Coonrod stated thaC he lived in close proximity to the sewer plant
and that the City should not be so proud of it. Mr. Coonrood stated
ChaC the City should "clean u~ your own backyard before you start
comiu~ ouC and Cryin~ to tell counCt'y people how to live".
Mayor Pro Tom Riddlesperger responded that the Council wanted
persons a~pearin8 to make statements about their attitudes but did
not want co be attacked. This hearin~ was bein~ held on who=her or
not Co annex the area and the Council was interested in hearins why
citizens were in favor or opposed. If annexed, every protection of
the City wouldbe available.
Mr. Coonrod then asked if the Cloy intended to ~ive the residents
every service Chat the people in =he City of Denton had without the
residence payin~ for 15 or 20 years before they received it.
423
~eetiae o£ O~tober 18, 1983
~eSe Fourtee~
~. Jo ~oilelle, resident of ~he area. s~ated that the area received
adequate personal coverage by ~e Sheriff's ~ar~u~.
Loieelle ~en naked i~ i~ were ~aine~ Cl~y ordinals 2o diechar~e
a ~ire~ ~ia ~e C~y 1~. ~e concern ~o~ rea~deu~l was
that there ~re a~a a~ eku~e in this rural area. Ma. ~iaelle
also s~a~ed ~a~ ~he City o~ ~n~on a~ree~e were ~ ~el ~o build
~on. ~e ar~ ~riva~e and ~he rasiden~s h~ed ~o con~inue
a, way ,or a ~il''' ~ r,,~en,, had their o~ ~,rbage p ick~
wasno
a~ i~ a~ad ~hay could no~ bu~ ~heir
~e ~yor ~o Te~ closed ~e public haarins.
~yor ~o T~ Eiddla~e~er s~a~ad ~ha~ no m~ber nE ~he Council
wanted ~o d~s~poia~ am~y. ~e r~id 8row~ on ~m~on would
h~pen a~ ~ha Co~cil was ~i~ ~o be ready Eot ~he [u~ure
dave 1 ~ ~C.
6, O~i~ncae
A. ~e ~u~l considered ad~ ~ion o[ an ordinance
~endins ~er 21, ~Cicle III, Section 21-~1 o[ ~he ~de
0~inancee pe~aini~ ~o fees for e~ree~ cuts.
~ia ordi~e had been ~eviou~ly discussed.
~e [o11~ ordinate was presented:
NO. 83-121
~ ~I~CE ~ SECTION 21-41 OF C~ 21 0F T~
~DE OF ~I~CE8 OF ~ CI~ OF DE,TON, ~; TO ~VIDE
~ ~ l~ FEE F~ ~CAVATION P~ITS; ~ PEOVIDINC
~ ~ ~FE~I~ DA~.
~ew mo~ou, Alford eeco~ Co ad~ ~he ordinance. 0n roll call
[o~e ~k~ne "aXe", SY~hen~ "6ye", Aliord "aye", ~ew "aye", and
~yor ~o '~'~ Ei~dle~er~er"aye'~. ~2ion carried unan~oualy.
B · ~e Counoil considered ad~ ~ion o[ an ordinance
se~i~ min~ wa~e~ for City of ~ncon cons~c~ton projects.
Council ~m~r ~kins e~aCed ChaC ~his ~Yem had been discussed
~reviouely a~ Cha~ ~e e~afi had done an excellent Job co, latins
he sudsy.
~e [ollovi~ ordi~nce wa~ presented:
NO. 83-122
~ ~I~CE ~C~T~NING ~ G~ P~VAILING ~TE OF
P~ DIEM W~ES I~ T~ CI~ 0F D~ON, FOR ~CB ~
~PE OF WO~ OR ~C~IC NEED~ TO ~E~E CI~ PUBLIC
WO~S CO~CTS.
H~kins ~Cion, ~ew second Co ad~C the ordi~nce.
Council ~er S~hens asked ii ~he sudsy ~ich was ~de was
~he scarf knev Co be hlsh a~ low and ~he s~a[[ Cried ~o a~rike an
averase. S~hene also eCa~ed ~haC the eCa[~ did not ~eek ou~ one
or ~he o~her, ~o ~he best ot chair knowledge, o~ how co~an~es paid.
Asals~amC City ~ser S~la e~aCed ~a~ the scsi[ did no~ seek ouC
~he hish or low wasa. l~ivid~ls, consc~cCion ii~e, e~c. were
eoushC wl~hLn ~e C~cy a~ ~ ~ny a~ possible weresu~eyed. Once
the ln~omYion.was o~Yai~d, ~e sYaff s~ly 2ook 2he averase
~he hlSh waSee Ln earn case ant ee~abliehed the race ~ha~ way.
inEo~on was no~ available on certain trades or certain levels
~radee, 2he s~af~ ~hen ue~ ~he lnio~cion ~ich was obtained from
ocher ci~iee ~o ~ndica~e ~he ~unc o[ distance or spread between
Council inuces
~etin~ of October 18, 1983
P~ Fifteen
various ra£leS~ such as ~ppren~ices, Journeym~n, or m~ster craftsmen
and allocated those in the sam~ relative posi~on.
~unc~l ~mb~r So.hens s~l~*d ~h~C ~he Co~cil h~d r.q~{Cad
staff Co conduct chis au~ey a~ ~ m~aff h~ do~ ~aC Co ~e bem~
o~ ~e~r ability.
~ roll call vo~e ~kins "aye", S~han~ "aye", ~ford "aye",
"aye", and ~yor ~o Tern ~fddtl~erger "aye". ~Cion ca~imd
unan~ous ~y.
C. ~e ordnance cons~der~ ad~on o[ an ordinance
relac~ ~o the ~e~na~iou of ~e ~mcfn~ ~aa ~uel con~rac~ under
~he ~a~m of ~fch ~he CfCy purchases ~aa for i~m ~e~raCin~ p lan~s
a~ au~hor~z~nB ~ecuC~on o[ a nm~ Sas ~1 conCrac~ a~
~ranmfer a~ra~n~ and daclar~n~ an e~rgmncy was r~vmd
agsnda.
7. ~e Counc~ considered ~proval o~ ~he prel~na~ pla~
the ~. ~. and T. ~d~on.
~v~d E~l~son, Deve~n~ ~ev Planner, r~or~ed Cha~ ~h~s
was on ~h~ a~enda an a non-consent ~an due ~o a question conce~
the r~ oE way dedication. ~a was a 0.28~ acre ~oC w~h several
ex~s~ sC~cturea, ao~ o[ ~ch encroache~ ~n~o ~ ra~road
l~a~e~ ac the ~ron~ o~ the loc ne6r ~ere ~an~ a
abutted Dalla~ Dr~ve.
Johnson Street was bef~ used by ~he ~blic bu~ no foml
r~h~-of-way de~icatio~ ha~ ~eu secured, en pla~in~ occurred,
the staff would require the rfShC-of-way Be dedicated, fn thf~
par~tcula~ case, if the peri,loner dedicated the co.act ~unt of
r~h~-of-way, he hoc only would af[ecc the plans for ~he e~ansfon
of ~he me,al bufldinS, but ~ould also enc~oa~ into the
bufldins. ~e reco~endation of the Plannfn$ and Zonfns
~as ~o obtain as much rfSht-of-way as possible duri~ fill
H~kins motion, Stephens second to ~prove ~he prel~f~ plat.
~tion taxied u~n~ously.
8. ~e Con. il considered au~hori~atfon of an f~rease
~per l~ft for. ~rchase Order ~ ~9~ (L~ Lewfsville) and
~rchase Order ~ ~98 (~y ~ober~s) to Black and Vea~ch for
Bob Nelson, Direc~o~ of Utilities, r~orted that Black and Veatch
had been followin~ ~e Federal Ener27 ~ulato~ C~ssion
acti~ties for hydroelectric proJecC~. ~e or~sinal contract
for $~,000 and had been increased to $6,000 i~ July. ~e F~C had
c~ =o the final s~a~es of =heir activities and were now
would be made by various parries ~en =he draf~ was released. Black
and Vea=ch would have to respond and have satiated =hat it would
Feguire ~prox~ately 3 days per license at an eat~2e~ cost of
~300 per day. ~e staff was reco~end~ an additional ~1,000 for
each ~roJec= which would increase the ~oCal proJec2 ~oun= =o $8,000.
~lw motion, Alford second to authorize the increase. Motion
ca~fed unan~ous ly.
9. ~ere was no official ac=ion on ~ecu=ive Session items of
legal ~tters, real e~=ate, personnel~ or board
10. ~e followin8 items of new buai~em~ were requeste~ by
~uncil M~bers:
1. Council ~mber ~kins requested ~ha= a meetins
held be=ween the City ~uncil, the Flow ~i=al Board of Directors
and the ~ital ~inis~ra=or 2o discuss ~he ho~ital.
container law~.
%/~r/~ no further bu~ines~ the mee~v~ was adjourned.
1069C
CITY COUNCIL MINUTES
October 25, 1983
The City Council and the Flow Memorial Hospital Board of Directors
convened into a 3oiot meeting at 5:00 p.m. in ~he Medallion Room at
Flow Hospital to discuss Flow Memorial Hospital
COUNCIL
PRESENT: Mayor Richard Stewart; Mayor Pro Tam Riddlesperger;
Council Members Alford, Barton, ~new, Hopkins and
Stephens
City Manager, City Attorney, and City Secretary
FLOW BOARD
~ESENT: Chairperson Mary Williams; Members Don Holt, Ralph
Havenhill. Dan Trammell, and Bradley Moore
Hospital A~ministrator Jeffrey Hausler and Gloria
Madewell
Mayor Stewart introduced Chairperson Williams and opened the
discussion for questions.
Council Member Hopkins asked Chairpersoo Williams if she wished to
make any comments prior to questions.
Ms. Williams stated that this was a very challenging and exciting
time for the hospital and the Ho~pital Board intended to "take the
bull by the horns and go".
Council Member Barton asked if the Board was workir~ on a 5 year
plan.
Administrator Hausler reported that a 12 month short term plan was
being formulated first and that the managers were getting their
thoughts together for 3, 5, and l0 year plans.
Council Member Stephens asked how this was progressing.
Hausler responded that the 12 month plan was almost completed. A
committee had been formed to finalize =his short term plan and they
would =hen move into the 3, 5 and 10 year plan formulation.
Council Member Hopkins stated ~hat the Council wanted to meet with
the Board to gather information and asked the Board to address the
topics of the health care plan, the indigen= care program, the
financial situation of Flow, plans for the future (includin$
expansion of the hospital and/or a physician's professional
buildin~) and present plane, if =he hospitalls philosophy had
changed, the equipment situation, information on the mid-wife
program and the present patient-ratio.
Mr. Hausler stated that the HMO contract was signed in 1981 and came
up for automatic annual renewal. This particular subject had been a
topic of discussion with quite a lot to be considered. The Board
was continuing in a discussion mode end had tabled any Lmmediete
action.
Council Member Hopkins asked if Flow would be tree=in8 these
patients.
Hausler responded yes.
Chairperson Williams stated that this issue had been raised at the
last Flow Hospital Board meeting because several big companies had
been approached.
Mr. Hausler added that this would be a significant factor in the
future.
City Council Minutee
~eetin~ of October 25, 1983
?eSe Two
M&yor Pro Te~ ~iddlesper~er asked if the orsaniz&Cion of eno~her HMO
for tais institution was anticipated.
Mr. Hlusler responded no.
C~air~erson Williams stated that a possfbil~ty did exist for a PPO.
no choice of ~e phynic~lu ~ich Khey would see. A PPO. or
phynic~anl ~o would off, r discounts on medici1
subscripts. ~ese ~dical ae~ces were hoc pr~aid.
Council ~ber ~kins aek~ how =he doc=ors felt abouK Khis.
Mr. ~uller ee~onded ~ac ~ere aee~d =o be a m~ture of
feelin~s. ~eee was concern in ~he medical co,unity ~oward ~he new
~dicare cha~ms.
Mayor Pro Tem Riddle~erser coin=ed =hat he had received
notification recently on le~sla~ion ~ich was proofed requirtn~
doctors =o acc~t ~d~care as full p
Riddle~lr~er =hen a~ked for a br~efin8 on =he po~aib~li~y of a
phy~ici&nl profll~ionll buildi~ on =he hospital
Memorial ~i=al =o have a d~tors buildin~ on-site. ~e ho~ital
devel~ plans for t~e pr~oled builder. In =he past 60 days there
presen~e~had been ~o rev~Calized ~n~eres=. A ~ecifi= pr~osal would .be
~yor S=ewar~ a~ked if ~, pr~o~ls would
ft~ or the City.
~ai~er~on Williams renpo~ed ~hat ~he financin8 a~ec: of ~he
buildins would be presented w~h =he 9r~osals.
~yor Pro T~ Riddle~lr~er iCa=ad Chat he fel~ ~he consCrucCion of
=his facility wa, very ~or~an= :o ~he ho~i:al.
recrui~ new 9hysicians =o Flow and ~s would aid in rec~i=~u=. A
co~le:ion daKe for =he facility was ea=~Eed a= approx~a=ely 12
to15
~yor S~ew~rt at,ted that some doctors we=e ~posed to the ~0.
~s o~g~ni~atio~ wo~ld have to have ~acilitiss~ auch ~s Flow,
Westg~te or Lewisville ~o=i~1. Was the ob]action some physicians
voiced to ~e ~ o= to a new bo~ital.
Dr. Don ~lt re~ouded tb,t the ~ system w~s i~ersonal ~nd lacked
the patient/doe~or relatio~hip. ~e co~= factor would fo=ce
~ouneil ~= ~kins a~d if one of the reasons why doctors
fomed this t~e of o=g~nl~ation ~lght be to have umbrella liability.
Dr. ~lt re~o~ed th&~ he ~sined
Council ~mbe= ~kins lnquiFe~ ebout the financial situation of the
42~ty Council M£nutes
-~Ieecin$ of October 25, 1983
Page Three
Mr. Hausler responded that che hospital was in the black and the
a~ministration was caking ste~s co ensure Chat ~hey would remain
r,~ard. ~e administration had looked ~t elements of co~t con=tel,
e~ecially in light of new Medicare reimbursement policies.
diagnosis. If a pat~en= wa~ a~iCced w~th a pri~ die, nests and
~en, due ~o a seconda~ physical problem, incu~ed lards medical
coaC~ ~dicare would only pay the prtma~ die, noels amount.
~yor SCewarC asked If ~e dollar fidure was ba~ed os the
~ounC of patient costa for each particular di~dnoaia.
Mr. ~ualer responded ChaC it w~o baaed on a Yale study ~ro~in~
this would cause ~o~i~als co =eadJusC Che~r
~uncil ~ber H~kina asked if the ho~iCal adminiaCra~ion had
e~reased their concern ~o ~he federal ~overnmenC o~r Chis policy.
Mr. ~usler responded not really because Chis was the new
~over~en=al policy, llke it or no=. ~e ho~ital did not feel that
Chis was in the beat interest of quality patien~ care.
Council Member H~kins a~ked the status of toilet=ions.
Mr. ~ualer r~orCed thaC in July the accounts were ~proximaCely
120 days in receivable and ~hey were under 100 ~aye now.
ho~i=al was headed for be~ter times wi~h collection i~rovin~.
~is i~rovement was due Co be=crt or~aniza=ion and
~yor Stewart asked if =he hospital e~erience~ delays in receivi~
paten= from =he 8over~ent.
Mr. Hausler replied =ha= Medicare always paid pro~tly, Medicaid
pa~e~t wa~ poor~ but by and large ~he =urn around t~me wa~
Mr. ~ve~ill stated Chat Chose hospitals ~ich had a higher
percentage of ~dicaid pa~en=s were hi~ harder.
~or ~o Tem Riddleaperger requested info~=ion rm~ardin8 the mid-
wife
Mr. ~usler reported chat iC was the intention of the institution
hire mid-wives. ~e concern of the obstetricians was that Flow was
many of ~ich did not pay. ~eae patients usually had received no
pre-~Cal care. If there were co~licactons~ Chess patients would
sue the doc=or ~nd =he hospi~al.
Council ~mber H~kina asked if u=ilizi~ =he mid-wives would
~. ~usler re,ended no. ~e obe=etrictana would still handle the
difficult cases. Ttle mid-w~ves would work ~rou~h =he County Health
obstetricians felt =his would help Co solve the indigent
p rob 1
Council Member ~ew asked how the ho~ital had at=ired a= =he mid-
wife prosram as a ~olution Co =he ind~ent ~CerniCy care problem.
It appeared Chac these ~-ina would need an obaCetTician more
because of the lack of pre natal care.
Council Member Barton then asked ~at wac a mid-w~fe.
Dr. Don ~lC responded Chat the participants in ~e hospital
mid-wife pro~r~ would be registered nurses with ~ecial ~rainin8 in
ob~ceCrica.
429
City Council Minutes
Mmetin$ of October 25, 1983
Pass Four
Council Member Barton asked if an obstetrician would be on call end
available.
Mr. Hausler replied that the physicians would not be present but
would be on call.
Council M~mber (hew stated that it seemed the liability for the
ho~pital and the mid-wives would be increased.
Mr. Hausler responded that the patients reached ~hroush the Health
Department w~uld have the advantaee of prm-na=al care by the
mid-wives ~ich they were not now receivins. ~e prosr~ would not
lessen the n~ber of patien:s but early inte~ention would lessen
~e liabili~y. Mr. ~usler ~lso stated that the issue of li~bility
had been Choro~hly re~earched.
~yor Pro Tam Riddle~erSer asked if the liabiii=~ would be lessened
if a 9acien: ~ad no= received any pre-natal care.
Mr. Hausler re.ended no.
Council Member Stephens asked =he e~loyed
~f
mid-wives
would
be
and
paid by =he ho~i=al,
Mr, ~usler r~lied yes. ~e County had asreed to pay throush
indisent care but were l~i~ed on ~ac chey could pay.
Council Member S=~hen~ stated that the funds would have to be
received from s~e other source.
Mr. H~ve~ill stated that the ho~ical was receivin8 more help from
=he ~un=y but i= did not cover the total indieent care cost. ~e
nurme/mid-~fe 9ro~r~ would be paid by =he County until the
budseted funds were exhausted and then the County would reassess.
Mr. Bradley Moore stated that the board was h~in8 to receive income
from other areas, such as ~d ~o D~endent ~ildren and/or Medicare.
Mr. Have.ill stated =ha: Chis indisen= maternity issue had been of
~pe~os= concern for 3 years. ~e board was most concerned wi=h
ke~i~ the obstetricians at Flow so the hospital could co~ete with
other medical facilities. ~e County was responsible for indisent
care and the board had 8one ~o the City and County with this problem
for 3 yea~s and not received any ~ssistance for the obstetricians.
~e County had set aside moee money this year. ~e board realized
the ho~i=ml needed ~ew ~emmn= and had hired Mr, ~usler as the
new administrator. Dur/nf this =i~ ~he physician's professional
buildin~ had been puc on ~e back burner and the board now felt =hac
was a mistake. ~e he.itel wa~ t~ins to reorsanize and become
more businesslike wi~hou~ s~crificinS seed care for the patients.
~e board would l~ke =o have Mr. ~usler co~lete in 2 weeks what
=hey should h.ye done 9 moaChs a~o. ~e mid-wife proeram was a step
in =he reorsanizaCion and the nurses would be workins wi=h the
ob~teCricians in an effort =o avoid pre-natal problems.
~yor Pro Tam Riddle~er~er stated that =he County was responsible
for indi~enC care by a=aCe law and then asked ~y =hess dr~-in
~ai~erion Willies re.ended =ha= they were.
~yor ~o Tam ~iddle~er~er then .~ked ~y =he County did not pay
Mr. ~uilmr re~ou~ed that iome of the char~es were phyaician~a fees.
indigen= care.
lleeting of October 25, 1983
Page Five
Council Member Stephens responded tha~ the indisant care portion was
only for the hospital expenses and not the physician's fees.
Council Member Barton stated that ~he County wes doin~ mote this
year than they had in the past. When the County ran out of funds in
months, they would need to reassess.
Mr. ~avevtlill stated when the funds were exhausted he believed
Commissioner's Court would look at ~he mid-wife program again.
Council Member Barton stated that the decision to im~lement the mid-
wife pro,ram was a significant one.
Dr. Don Holt stated that the problem was in deli=ins indigent. The
state and the County had 2 definitions.
Council Member Barton also stated that another problem was in
enforcement and he believed that the County C~issioners were
worRin~ on this issue.
Council Member Hopkins stated that the Council had met several
months earlier on this indigent care issue and had been given a
draft of a formula to determine what and who were classified as
indigent care.
Chairperson Williams stated that she had recently attended a
conference and no one could define indigent care.
~r. Have=hill stated that all counties handled this issue
differently.
Mr. Hausler reported that the Hill-Burton criteria was currently
being used in Denton County.
Council Member Hopkins stated that he thought what the board and
administrator had accomplished was very good.
Council Member Barton stated that the hospital was mekin~ progress.
Mayor Stewart asked if the County was bein~ billed monthly for the
indigent care costs.
Mr. Hausler replied yes; this was begun on October 1.
Council Member Barton stated that if the hospital ran out of money,
the Council would need to meet with the Commissioners.
Council Member Stephens stated that ~he City did not have a direct
role in the issue of £nditent care.
Council Member Barton also stated that the Clty could nec enforce or
define indigent care.
Council Member Hopkins asked about the status of the equipment
situation.
Mr. Hausler responded that due to the absence of proper management
and poor planning, the capital needs of the hospital had lagged
behind the state of the art.
Mayor Stewart asked if purchases of needed equipment would be
financed through the fee structure.
Mr. Hausler responded that that was one approach which the hospital
would be Cakin8. The board would be continually assessin~ fees and
costs. Everyone in Denton had a stake in Flow Hospital and Hr.
Hausler stated that ne believed the community needed this hospital.
431
City Council Minutes
Meeting of October 25, 1983
Pa8· Six
Mayor Pro Tam ~iddlasparger stated thac the Council was 100~ behind
the board.
Mr. Ravenhill reported ~ha~ ~he howl=al h~d been receivi~ help
from the Fouu~tion Board. ~e board had ~de a move ~o be more
agsressi~ and public mi~d. ~ efforu was bei~ ~da Co obtain
more ~riala and Sii~s ~lch ~uld be another source off iunds for
equipment.
~ai~araou Willies s~a~ad ~ha~ ~here was a fund raiser planned by
~he Fou~ation Board.
~yor ~o Tem Xiddle~er~er asked abou~ plans ior cons~ruc~ion
renova~ioua Co :he exiscl~ ho~lcal buildin~.
~r. ~ualer sca~ed ~ha~ :he a~nis~raCion was ~ing co assess more
productive u~liza~iou off ~ace.
Council ~mber ~kins stated Chat durin8 ~he a~Ce~ Co purchase
Flow, charges ~re made ~ha: the ho~i~al facility was in need
repair and ~ould no~ meeC ~ecific codes.
~r. Br~ley ~ore responded rha~ ~e ho~i~a1'a resident engineer
had researched Chis and iel~ ~ha~ ~he maintenance s~ali a~ Flow
could correc~ ~he problems.
~ai~eraon Willies sca:ed ~ha~ ~haC issue was resolved beffore June.
Council ~ber S~hens asked ii ~he C~ogr~hical problem off Flow
would be cousid~red in the plans ior ~he physicians professional
buildin~. Some pe~le ~id no~ wan~ uo or could no~ walk ~ ~he hill
:o the iron: entrance o~ the ho~i:al.
~ai~erson Williams re~onded ~ha~ ~his was bainS considered and a
ground entrance ior the buildi~ was possible.
Council ~mber Aliord s:a~ed :haC ~he a~i~ude off ~he citizens
Coward ~he new admi~is~ratioa and :he hospital board was poaiuive.
I: was r~cosnized ~ha~ ~1~ was needed and ~he pro~ec~ of the
ho~i~al bei~ ~n as a business was ~ainins co,unity s~por~.
Dr. Hol~ s~a~ed ~haC ~hia was Ohs difference between a proii~ and a
non~roffi: ho~i~al. Sa~ices could be provided because i: was
rish~ ~o do so and phy~icians could ~rea: ~he pa~ien:s lirs~ and
worry about ~heir ba~ accounts. ~e hospital mish~ have :o look
:he Ci:y for c~i~al i~r~men~s in :he iu~ure.
Council ~mber ~kins sta~ed cha~ ~his was another reason the
Council needed ~o work wi~h ~he ho~ical board as new devel~men~
prosr~ were begun.
Mr. ~va~ill s:a~ed ~ha~ ~he board appreciauad ~h2 Council's
concerns and questions. Hr. ~ve~ill also sca~ed Cha~ ~he City
Council, the County Co~isaiousrs and ~he Flow Board of Directors
should me~c more
~yor S~ewarC seated cha~ he always iel~ be~er si:er mee~i~ wi~h
~ha board and havi~ his questions answered. ~yor S~ewar~
s~arized by s~a:inS ~hac he was proud of Flow and :he job ~hau uhe
Board of Directors had doue.
~e Council :hen convened into ~he ~ecial called mee~in8 in ~he
Council ~bers.
1. ~a Council considered ad~on off an ordinance relaxins
~he ~ermi~tion of Cha ~s~in8 sas iuel con~rac~s under ~he
off ~ich ~he City purchases ~as for ~s seneraCin8 plan:s and
auChorizi~ the execution of a new sas fuel con~rac~ and a sas
~ransier asreemen~ and declarin8 an emersency.
~j~ty Council Minutes
~'~aetin$ of October 25, 1983
Pa~e Seven
Cit~ Manaser Hat=usg reported that this proposed con=tact would
replace =he existin$ contract the four TMPA cities had with Lone
Star Gas.
Bob Nelson, Director of UttliCtes~ stated ChaC Denton had been
involved in discussions w~ch ~ne Scar Gas ~anyiu concert w~Ch
the other three T~A cities for quite a ~ile. ~e contracts for
Greenville. ~e of the contracts before ~he Council for a
exchange a~ree~n= and another was · natural ~aa purchase
w~=h Ense=c. ~is l~reement would br~n8 =he cost per kilow&t= hour
Increase per year with flexibility in annual volu~a. ~e "take or
Council Member ~kins s~a~ed ~ha~ the preaen~ 8as market had made
difference in the contract proviaio~s.
Nelson r~orted that the "take or pay" was based on 2~ of the price
and the cities would be allowed :o make a one :i~ cha~e of ~
~is would be exercised ~u the event another source of power
used in the fu:ure.
~e :ranafer aSreemen: was essentially the same aa the
T~A city. Garland had =hi~ s~e provision w~=h =he iddition of one
other non-T~A city. ~i$ was a five year contract ~ich would be
effective t~edta=ely.
Mayor Pro Tem ~iddle~erser asked ~aC percentase of electricity
Den=on would be senera=ed usinS this Sas.
Mr. Nelson re~onded approxi~Cely 4~ to 5~ of Den=on~s enerSy
would come from electricity senerated with 1~ ~o 2~ of =hi~ Sas.
Council ~mber ~kins .sCa=ed that ~he new contract ~uld provide
flmxibili=y ~ich the City did not presently have and co,ended the
staff ·
Council ~mber Stephen~ asked if the other 3 T~A cities would be
melvin8 at the s~e time to consider this contract.
City ~ser ~rtun~ r~lied that the City of B~an had approved the
contract the previous night wi~h ~nton, Greenville, and Garland
con~iderin~ the contract on the same
~yor Stewart asked Mr. Nelson =o clarify for the Council why
item was bein8 declared an emersency.
Mr. Nelson re~onded cha~ eavi~s =o =he utility cu~=~ers would
be~in with the execution of the
Mayor Stewart asked if the ordi~nce could beco~ effective
~edia=ely wi=hoot declarin8 it an emergency.
Nelson re~ouded no.
~e followin8 ordinance was presented:
NO. 83-123
~ O~I~CE BY THE CI~ CO~CIL OF THE CI~ OF DENTON,
T~, "CI~" ~TING TO T~ T~MI~TION OF T~
~ ~EL CON~CTS ~D~ ~ T~ OF ~ICH ~
~C~ES ~ FO~ ITS G~TING P~S ~ ~T~IZING
~ECUTION OF A ~W ~ ~EL CO~ ~D A ~ T~SF~
~EE~NT ~D DEWING ~
City Council Minutes
Meeting of October 25. 1983 43,~
Page Eight
Hopkins motion, Cflew second to adopt the ordinance. On roll call
vote Barton "&ye". Hopkins "ave", Stephens "ave" Alford "aye",
Riddlesperser "aye", ~ew "aye~, and M~yor Ste~r~' "aye~', Motion
carried u~n~oua ly.
2. ~e Council considered ~proval of plans for ~e Rldseway
Drive ~OJeC= and =o authorize =he staff =o advertise for bids.
~no, ~e 8=afl would bo ~rki~ with =he City's financial advisors
~yor Stewart stated that the project called for Ridgeway Dr~ve =o
25 fee: wide and curbed and guttered on both aides w~th :he 80
foot right-of-way retained to allow for two addi:io~l lanes.
Svehla r~orCed ~at the staff had held numerous discussions with
:he Texas ~a=:men: of ~blic Tranapor:aCion and Highways and :hat
eve~ythi~ was tn order.
~yor S:m~r:.asked if the l:reet would be in the middle of the 80
toot right of way.
Svehla r~limd that it would be offset.
~ouncil ~ber St~hens a8~d ~at was the nature of the emergency
and stated ~at he had just received the info~ation.
Svenla re.ended that the 1annoyers in the area were in favor of an
~ere had been a misco~unication with City
Secretary Allen ~o hmd 91ace~ this item on the November 1 fl~en~a in
=he =~e of zonins around m thoroughfare of this =~e and asked if
there was any way the Council could stipulate that the area not be
zoned co~rciml.
Svehla replied that the area was zoned already with some planned
zoni~ in place. ~e zonin8 was acco~lished under a 1973 planned
derailment. So~ 9or:ion~ in =he area had been zoned co~ercial
since the 1960'0.
no more eomrcial zonin$ and to do~ zone the area if us activity
unan~oua ly.
~iddle~er&mr motion, Alford second to ~prove the plans for the
Rid~eway Dr~ve ~o]ect. Motion carried unanimously.
Svehla s~rized by sCaC~ ~hlc the bi~s would probably be
received iu late November. ~e assessment would basin in November
with co~lo=ion in December or Janus.. ~e project would be~in
around t~e first of Fabian.
With no further business, ~e ~eCin~ was ~d
adJourn$ · ~ . /
108~C
434
CITY COUNCIL qINUTES
November 1, 1983
The Council convened into a work session to discuss the new user fee
rates in the City of Denton.
HE~fBl~tS PRESENT: Hayor Stewart; lqayo r Pro Tam Riddlesperser;
Council liembers Alford, Barton, Chew, I/opkins and
Stephens
City ~anaser, City Attorney, and City Secretary
HEHBE~tS ABSENT: None
Assistant City Hanaser McKean distributed minutes of various board
and commission meetings where the new fees had been discussed.
/4cF. man also distributed a compilation of survmy results which showed
the City of Denton*s current fees, the consultant recommendation,
the staff recommendation and the fees currently bein~ collected by
various other cities.
Council Nember Hopkins asked if no comparison numbers were listed in
the table, could the Council assttme that no fee was beins charged.
Hcl~ean responded yes.
Council //ember Hopkins stated that he believed the Council would
require more time to study the comparisons and ~he proposed fees end
suSSested that the passage of the ordinance at this time was
p texture.
Mayor Stewart stated :hat the collection of these feel was
incorporated into the budset.
Council Member Hopkins stated ~hat the fees which were bein~
p~eaented were completely different from those which had been
considered previously.
l~cKean stated that the only ursency in approvin~ the ordinance would
be the time lost in collectin8 the fees and the City was already one
month into the new fiscal year.
Council Member Stephens s~eted that ~he a~proval of the budget had
bean based on the incorporation of these :ecs as recommended by the
Griffith study and the staff.
City Menaser Harcun~ stated that the staff had taken the Griffith
study and backed off some of the fees which were believed to be too
high. The staff had estimated $650,000 in revenue from the
increased fees when preparing the budset. These increases included
overhead costs as well as direct costs.
Council Member Hopkins stated that he was concerned about getting
~:he fees so hish ~Cat the citizens could not use City facili~ias.
He was also concerned about the zonin~ fees but understood =hat the
increase would be spread over 5 years.
Jeff Meyer, Director of Planning amd Co--,unity Development, reported
that was the recommends=ion of the Plannin~ and Zonin~ Commission,
not the staff or David l/. Griffith. Lesser fees would be assessed
for zoning changes of less than 3 lo~s. Larser areas and more
complicated zonin$ transactions would cost more.
Council Member Hopkins then asked if one person ca~e in to plat more
~han 5 acres, what would the new fee be.
Meyers responded $1650.
Council Member Hopkins stated that he felt that was too high.
Hartun$ stated that the staff was requestin~ information on whether
or not to institute all of the fees, some of the fees, or to reduce
the amount of some or all of the fees.
Cia7 Council ~nuces
~eetin~ o£ ~ovembar 1, 1983
Council ~r SO.hens sCsC~ Chic he ~.lC ~ese ~eea auaC be
i~le~nted a~ovly a~
budget l~ Chac o~e ~n~ had a~ready been lost. If the [eel were
no~ ~pro~d, o~er cu~s ~u~d ha~ Co be
~yor ~o T~ ~iddle~erser asked i~ ~he Increased ~ees ~uld reduce
the vol~ o~ pe~lCs [ss~d or the use o~ ~he Parks and ~crea~ion
~yer ~o~d ~a~ in ~he case o[ zoni~, ~he reduc~ion
r~uen~$ had ~en ~ac2ored~nto ~he projected re.numa.
~unc~l ~ber ~kl~ stated tha~ he ~elt ~he ~ncreases should be
~yar r~or~ that each ytar comCm increased and a ~radual
i~e~n~a~ion ~uld cause ~e C~y ~o lose ~re due ~o
Council ~r ~k~ne IC~Ced ~aC ic required aa m~h aca[~ time ~o
deal ~ an h~Coric la~rk de~S~cion as a pla~ bu~ no increase
~yer ~o~ed Chat ~e ~rt~iCh study did nec rec~end an
lanark zoni~ stand Co 8&in access ~o lov interest loans.
~yer r~lig C~aC ocher cl~i,I do oo~ charse aC
oi an ini~l vas ~10.00 ~on ~e accel cost co the City vas ~98.7~.
~aincanc CiCy ~er S~la re.ended ChaC i~ the ~ee vas aec Coo
h/eh, no one ~uld ad~C s~ ~e animal ~uld have Co be puc do~.
~u~cil ~r ~kinl asked ~y ~e CiCy would in~ecC ~he
inital~aC/on oi 8asoli~ or LPG ta~e since the persons ~o
S~hla re~o~ed 2~ ~e Fi~ ~rshal or Fire In~ec~or
per~o~ ~e CiCy ln~ecCion.
persons inaCallin8 ~ri~ler systems and he vas Chi~i~ o[ the
City' ~
C~ty A~Co~y Taylor respo~ed thee there ~as no more liability
Council ~r S~hens as~d if the Parks Board had considered ~he
~ais~ae~ City ~er ~ reapo~ed ~ha~ ~e board members had
been c~ac~ed by ~el~hoae and a oecial mee~i~ had been held
consider ~e ~eea. Con~rac~l ~ees would be d~acusaed a~ a ~uCure
AC the ,uSieaCion o~ ~u~cil ~r SC~hena the Council and
besan ~vf~ ~he i~i~dual ~ees on the hand ouc ~Cer~al. ~e
~e~ev ~a ~ c~leC~ p~lor ~o Che be~Annins o[ the resular
meeCinS ·
~e ~u~il then con~d inCo the resular neeCinS aC 7:00 p.m.
the Cou~il
4~ity Council Minuces
Meeting oE ~ovember l, 1983
Pass Three
NEMBIItS PP, ESENT: Mayor Stewart; ~yor Pro Tem ~ddle8per8er;
Council ~bers A~ord, Bar~on, ~ew, ~k~ns and
S~hen8
City ~8er, City At2orney, and Cl~y Socre2a~
~ ~S~: None
1. ~e ~yor presen:ed a re~ir~nt pl~ ~o ~. Dickey
~arles of ~he ~n~on Fire D~ar~n2 for 20 years oi ~e~ica.
~. ~arles ~as present ~o acc~ the plaque and ~he ~ha~s and beeC
wishes o[ ~he ~uncil ~on his
2. Dr. ~y S~hens presented the Sesquicentennial fla8 Co Ohs
CiCy of ~n~on.
Dr. S~ephens stated =ha2 =he CiEy of Den=on was the second city
the meats to be sanctioned am a Sesquicentennial City. ~ia wam a
result of Che efforts oi the Sesquicentennial ~iCCee chaired b
Ms. Pat Wards. ~e flat would be flo~ aC City ~11 until the end
of the Sesquicentennial celebraCion.
3. ~e ~uncil considered ~proval oi the ~nuCes of Che
Resular ~ecin~ of October 18, 1983.
Riddle~erser motion, Alford second Co approve Che Minucee as
pre~onCed. ~Cion carried unani~usly.
4. ~nsen~ ~enda
Mayor ~o Tem Riddlesperser asked =o have 1=em A.2 r~oved from the
~nsenC ~enda.
8t~hens mo=ion, ~ew second ~o ,pprove =he Consen= ~e~ wi~ the "
~c~Cton of Item A.2. ~=ion carried un~ni~usly.
~yor ~o T~ Riddlesperser s=~=ed =h~= ~ 9robl~ h,d arisen on ~a~
should be included on bid t 9197 for the elev~inS
~ ~uck F~nch~ from Dart ~uip~n~ ~p~ared before the Cou~il
sCa~ed =ha= he had held a le~Chy discussion with To~ Sh~w of
=he City Purchasi~ D~ar=ment. ~ere h~d b~en a misunders=andt~
on =he in=e~reC~=ion o~ the bid.
~yor SCewarC asked if ~. Fe~h~ still h,d · 9robl~ wt=h
award rec~ndation on the bid.
~. Fencham s:a=ed no.
Council ~mbe= H~kins sCa=ed =h~ in looki~ aC the bids on the
scraper elev~=or~ one co~ny h~d o~ered ,5,800 for =he
screen. If ~hts amount was deduc=ed, i= would ~pe~r =h~=
w~s a ~9~400 difference.
City A==orn~y Taylor responded ~haC =he bidde= would ha~ =o bid
sce~er separately. ~e bidder ~o bid $5~800 did ~ bid on the
Tom Shaw, ~rchasi~ ~ent, re9orCmd 2hac the tabulation shem2
indicaCed chac item 2 was a Crade-in. 1Cem Z.A wa~ a ~urchasm.
~is ~Cion had been extended ~o bidderm ~o wanCed ~o buy the old
=we item had been discussed with D~rr ~uip~n=. Bids were nec
allo~d co be cha~ed after Chey had been ~ened. ~e ~uncil could
ins=~c= ~rchasi~ ~o reject ail bids and rebid.
~aw also reported Chat if the bids item Da~ and Plains were
co~ared with an allowance for a deduction for =he =ires =aken~
bide ~re very close.
City Cotmeil Minutes 437
F~etin8 o£ ~v~b,r 1, ~98~
P~$e Four
Council ~b~r ~kins as~ if Sha~ isle Ch~ eve~ bidder
Shaw responded ye~.
Council ~r ~kina a~d ~y iC was inCroduced into Oho bid thaC
persons could bid only on ~he ncr~er.
Shaw replied ~hac ic was fel~ ChaC ic was Co the beaC advanCase for
the City Co take the ~ney for ~e street.
Council ~ber ~kina as~d if the 91903 meC ~ecificacions.
Shaw re~o~od ~aC iC did nec as there waaa problem wiCh the size
of the Cire~. Shaw concluded by sCaCin8 ChaC the ~rchasi~
~arC~nC was ~aCiafied ~ac ~e ~uip~n~ ~ich the City was
buyi~ wee the beeC on the
Riddle~er~er motion, ~ow second Co approve ICem A.2, Bid ~ 9197.
~Cion taxied ~ ~o 1 wiCh ~uncil Member ~kina voCi~ nay.
Consent ~enda:
A. Bids and ~rchase
1. Bid ~ 9195 - Filter Bed Media
2. Bid ~ 9197 ElevaCin8
3. Bid ~ 9198 - Dicca~i~ aquip~nC
4. ~rchase ~der ~ }9}78 =o T.~.A.~.S.
5. Purchase Order ~ 60008 =o ~rb~s Body Sh~
' 6. ~rchase ~ders ~ 60284, 6043~ and 6~36 all
IBM
B. PlaCe a~
1. ~proval R°ieid~ the preliminary replaC of
~squiCe To~ouse ~di=ion. (~e Plannins
and loni~ Couissioa reco~ends ~proval.)
2. %~roval of ~l final r~la= of lo~s 3, ~,
and par~ of loc 2, ~rcer ~di=ion. (~e
Planni~ and Zonin8 C~innion reco~ends
~proval.)
3. ~proval of 2he fill replaC of loc 2B, Denton
~pi~ ~n=er ~dition. (~e PlanninS and
Zontn~ission reco~nds approval .)
~proval of =he final r~la~ of ~he ~din8
~di2ion. (~e P~anni~ and ZoninS Co~ission
retreads ~proval .)
C · Pa~nCe:
~. ~proval of pain= of annual dues ~o the
~rican ~blic Power ~socie~lon in ~he
1. ~proval of conCrac= wich Je~ Fredricks for
consent=ion ~s~n~ durin~ =he renovaCion of
~e ~s= wi~ of =he ~nicipal Buildi~ (fo~erly
=he Police section).
City Council Minu=as
~_/4ea=inz of November 1, 1983
~a~e F~ve
2. ~q~proval of a contract with ~SOUECES, Inc. for
purchase of Cu~er Se~ice Crainin~ proir~.
3. ~proval of a con=fac= for $15,000 wi~h ~iori2y
Sy~=~a, Inc, ~o provide pro~r~ a~por~
~e CiCy of ~nCon on an aa needed basis
pri~rily in the area of sysC~s projrs=~i~ buC
nec limited ~o ~hia area.
4. ~proval of a con~rac~ wi~h ~S ~ora~ion
provide 9ro~ra~i~ a~por= =o ~e City of ~nZon
on an as n~ded basis in the areas of
Payroll/Personnel System kno~ aa "ELS" and =he
U=ili~y Billi~ System kno~ aa 'CIS".
~. ~e Council considered ~pr~al of di~osi~ion of excess
~oll Boulevard rishc of way baCween Wes= ~airie and Hi.land
S=ree=a. (D-33)
David Ellison, Devel~men~ ~viaw Planner, a~a=ed ~ha= ~here were 2
r~uea=s before =he Council Eot ~cess fish= of way di~oai~ion,
~a firs~ requea~ was esCi~ed ~o be .83 acrs wi=h ~e wid~ and
d~h ~aken cobs=her. Mr. Dale E~in had r~ues~ed ~he di~osi~ion
aa .~his area could be dallied and was cumn2ly zoned for
=~ f~ily housing. A condi~ion for ~e di~oal=ion wa~ =ha~ a 20
fooC s~rip be retained behind =he curb =o allow for wa=er lines and
co avoid curb cu~s. ~rroll Boulevard was believed ~o have 1~0
of ri~h= of way, some of ~ich was fr~ old ~n~er S=ree= and some
[ro~ ~rroll Boulevard. ~e ~vel~n= ~view C~i~ee ~9roved
~f =he linear park plannin8 ~ich was bain8 done by ~he Park~ Board
~or areas such as ~hia. ~e Park~ Board had required =o be
in~lved in fu=u~e dispositions ~ich would affec= Chis =~e of City
~ercy ~ich could be u~ilized as a~ll, li~ar parks. ~ie could
income=aCed in~o ~he ~l~n2 Review Co~i~=ee procedures,
~e Planniu~ and Zonin8 ~iaaion had rec~-nded ~proval of =he
di~osition.
Dr · ~ber= LaFor=e, ~ai~eraon of =he Planni~ and Zoni~
~iaalon, r~or=ed ~ha~ he restarted havin~ =o ~pear before
2ouucil bu~ he disa~reed with =he Plannin8 and Co~uniCy ~vel~n=
scarf. ~e scarf fel~ Char Che Ci=y should hold Chis land bur
Planni~ and Zoni~ Co~issiou =ho~hC i~ should be sold. ~eas on
~rroll Boulevard and ~reas had been zoned co~rcial.
~uncil would decide on ~a= was baa= a~ ~he P~ fel~ Che pr~er=y
should be ~old =o place i= back on ~e ~ rolls.
~yor S=ewar~ asked wha~ Dr. LaFor~e'a ~inion was on curb cu2s
~rroll Boulevard.
LaFor~e re~o~ded =ha= ii =he Cou~il allowed Carroll Boulevard
devel~ co~rcially, curb curs would have ~o be ~de. His ~inion
was =ha= Chase curb cu~s should be held =oa minim~.
~yor Scewar= a~ked ~a= ~e P~ raco~enda=ion was on allo~n~ a
co~ercial scrip on Carroll Boulevard.
~For~e respo~ed 2ha= a ~rea~er ~un= of ac2ivi2y in
direc2ion had been e~erienced duri~ ~he laa~ year.
Ma. Linnie ~ama, menber of che Parks Board, r~or~ed =ha=
Board a=ronsly ursed =he Council nec ~o appro~ eider of =he
di~o~i=ion requests before ~em. Bo~ of =hess areas had
po~enCial ~o be u~ilized as a par~ or walkin~ ar~. ~e Board
tha~ beautificaCion was a ~ar~ of Chair rea~oneibili~y. Ca.ell
Boulevard was now a lovely dri~ and ~he Parks B~rd was worki~
a ~er plan for parks in =he em=ire Ci~y, ~e Parks and
~crea=ion D~ar~n= was shot= of funds and could u=ilize
pr~er~y ins=sad of acquiri~ new pr~er~y in =ha fu=ure. Ms.
~a ursed =he Council nec =o dispose of =he pr~er=y before
~s=er plan could be co. la,ed.
City C, ouncil Ninutea
Martin8 of November 1, 1983 439
Page Six
Council Nmmblr Chew azkmd whaC ~e oi park could be buil~ on the
pr~erCy ·
~ich ~as nor~ et ~ress could be cons~cced on ~e pr~er~y.
Council ~ber ~e~ s~aCed ~haC ~here ~as a problem in
~m axi~i~ parks.
~s stated that the Parka Board was ve~ encouraged and ~ciCed
by the ~i~hbo~ood participation ~ich had been o~fered at
Brie~li~ park a~ ~lio~ Chis contac would ~rk here.
~uncil ~ber ~e~ stated ~ha~ he could nec see ~he logic of a park
located in an aria ~ich vas mostly
~yor ~o Ten Eiddleaparg~ ItaCed chat co.at,cai businesses were
surrou~ by a park areal wi~ou~ a need for curb cu~a.
Riddle~erlar also s~a~ed ~a~ ~a ~uld like ~o are ~he Parks ~a~er
p lan ·
Council ~ber Al~ord aa~ ~an ~ha plan would be co~le~ed.
S~eve ~i~n, Director o~ Parka and ~crea~ion, raapo~ded ~ha~
plan was one ~o ~ men,ha away ~rom Parks Board approval and ~ould
~hem be submitted ~o ~he ~uncil.
~u~cil ~er ~kin, l~a~ed 2ha~ ~he Par~a Board should bring
~uncil col2 ln~o~ion on ~e devel~n~ o~ ~he park ~aki~
accoun~ ~a leas o[ money [r~ ~he ~ rolls and ~he excessA~ ~ime
2o ~ia~ain. ~kina al~ s~a~ed ~ha2 he believed a~e ~e
planned devel~m~ on ~he pr~er~y would be
~yor ~o Tim ~ddlm~ergmr acaCed that 20 feet would be kept
:he pa~ a~ d~oait~on ~pro~d for :he remainder.
~uncil ~er 8:~hene ~:a:ed Chic :he disposition had been pend~n8
for eo~ Ci~ and asked ~y ~he m~den ~Cerea~ by the Parka Board.
Nc~a re~o~ed :hat the i:~e had Just been refined :o the Board.
~unci~ ~r Bar:on asked i~ :he Parka Board should be ~n~lved
pertinent Co coat. ~kins al~o stated Chic Chi Council had
~provad a similar planned devml~nt previously.
~yor ~o Tea ~iddle~er~er stated that there was no great urgency
and [elC ~he Council should all~'che Parks Board Co c~leCe Cheer
~acer plan and see ~aC could be done with City o~d pr~erCy.
Council ~ber ~ina s~ated chic iC was a worCh~ile idea buc
would coa~ ~nmy and ~he Parks and ~creaCion ~arCmen~ was already
scre~chmd ~in.
Council ~mbmr 9:~henm mCaCmd Chic a 20 [eec m~rip could be
~or the park and ~a rmi~er could be aol~.
aiddle~mrger ~Cion, Barton second Co ~able ~he disposition ~or Cwo
months ~o allow ~hm Parka Board ~o co. lace 2he ~aCer plan.
Al[etd, RAddlm~m~er. Bar,on, and Nayor Scawar~ "aye".
~ew and ~inm "nay". ~C~on Co Cable passed ~ co ~.
6. ~e Cou~l considered approval o[ di~oaiCion o~ excess
~rroll Boulevard right o~ way aC ~he southeast corner o[ WeaC
~airie and ~rroll Boule~rd. (D-~)
Riddle~erger ~Cion, Al~ord aeco~ Co ~able Chi di~osi~ion ~or ~wo
men,ha ~o allow Chi Pa~m Bom~d Co co. laCe chi maacer plan.
Al[etd, ~tddle~ergmr. BarCon, and ~yor SCewar~ "aye". S2~hena,
~eu and ~inm "nay'~. ~Cion Co ~ablm passed $ Co ~.
~ity Council HinuCes
'~14eetin~ of November l, 1983
Pase Seven
7. ~blic
A. ~e Counc~ 1 held a public hea~ ~o consider
ana~a~ion o~ ~prox~Cely 3~.66 acres of la~ l~a~ed along
aou~h side of H~cko~ Creek Road be~innA~ aC ~M 2181. (Z-1609~
~e ~yor ~ened ~he public hea=ins.
Mo one ~oke in ~avor of ~a
~ha~ ha had spoken a~ ~he laa~ public hearins a~ ~oe~r wan~ed
~hAa annexa~ion had mo~ p~eaeu~ed any~hi~ publicly. ~. ~redi~h
also ,Ca~ad ~ha~ he had done s~udiaa on ~he lelal procedures
annexation and ~hac ~he City had do~ eve~Chi~ co~e=~ly. ~ ~el~
~a~ ~ha annexation would be ~n the baa~ ~n~e~ea~ of ~he
ciCiaana o~ Denton bu~ did moZ aaa a~y advaacaSe co ~hoae ~uld live
in ~he proposed ann~a~ion area.
Councfl ~mber ~ew asked ~. ~radiCh i~ he was cu~enCly within
~he City limits.
~. ~rediCh responded yea.
~. Bill Bur8 spoke in ~position aski~ ~at would be the plans
ICaCed Chat he had originally wanted Co lell ~e pr~erCy ~ich he
an invei~emC. A contract had been ~e vi~
had obCai~d al
~Ce~ ~hy for the land. ~en he be~ aware ot ~.
intended co land use, ~. Fournoy had cancelled the contract of isle
and had notified the Planni~ and Zoni~ C~iiaiom Co vi~dcaw the
p lac.
~. Gary ~nde~lle ipo~ in ~poaiCion scared Chac he
saw
baneti~ Co himself. ~ had o~ed pr~erCy a~ lived iu the aTM
10 years. ~. ~ndeville also icaCed Chac Teasley ~ne vas over
crowed and the police could hoc offer pro~ecCion.
~a ~yor closed the public henri,.
~arlie WaCkina, Senior Pla~er, r~orCed ChaC a pr~oied 32 lot
devilment wee the pu~oae of Chil annexation. ~ls devel~nc
would have hiSh density, and be ae~iced by a~Cic syiC~ and well
water. ~ro~hou~ the p~oceaa, ~. Mushy had been decidini on
~eCher or hoc Co proceed with ~a devel~nt. ~ had nov
~Chdran hi~ pl~C ~proval c~aC /rom ~e Pla~i~ and Zoni~
~llion. ~y future devel~menC in the area ~uld c~uire plat
~proval by the Plauni~ and Zoni~ ~iaiion.
~kins motion, Barton second Co discontinue annexation
pcoceedi~a. ~Cion taxied u~ni~ully.
B · ~e ~unci 1 held a public hearin~ Co consider
a~exaCion of appr~ima~ely 1014.4 accel of land located south
~hway 380 and welt of IncerlcaCe ~5. (Z-ltl0)
~e ~yor ~e~d the public heari~.
No one ~oke in favor of ~e petition.
~ one spoke in ~poaiCion ~o the petition.
~e ~yoc closed the public hearing.
~arlie Wackins, Senior Planner, r~orCed Cha~ 7 r~ly fo~a had
been ~iled with 0 returned in favor and 3 returned in ~poiicion.
~e area was considered for an~xaciou becaule of ici planned major
City Council Minutes ~1
Meetin~ of November 1, 1983
Page Eight
employment potential. The City had a major invesLment in the
infrastructure of this area due to the Hickory Creek sewer line.
The area included the Salwn School and twelve residences and was
served by three modes of tran~portation (th~ Denton ~unicipal
Airport, rail service and Interstate 35). Watkins also reported in
response to an inquiry by Mr. Bradford, an area resident, ~hat his
coat to tap into the sawer line would be $7,000 whether the area was
C. The Council held a public hearing to consider
annexation of approximately 43.9 acres of land located west of the
.Interstate 35 W service road and south of the existing city limit.
(Z-1611)
The Mayor opened the public hearing.
ldr. h. A. Nelson, representing James Mason, spoke in favor of the
annexation stating that Hr. Mason would likefort he City to annex
an additional 50 acre parcel. The purpose of the annexation was to
have potential urbaniaation area in the City limits ac the City
could control development. ~kll of this area was urban in character
and would eventually ha used light industrial property.
have to petition £or annexation and zoning when the property
was
ready to be developed. Mr. Nelson also stated that if the
additional 50 acre parcel wars annexed, it would Join with the light
industrial property to the north and the City could then approach
the Stats Highway Department regarding improvements, maintenance,
and extension of the IH-35 frontage road.
Mayor Stewart commented that additional acreage could not be added
once the annexation procaedinss had begun.
No one spoke in opposition.
The Mayor closed the public hearing.
Charlie Watkins, Senior Planner, reported chat ~ reply forms had
been mailed with 0 returned.
~ayor Stewart asked if the staff was proceeding to annex the
additional 50 acres.
Watkins responded yes.
D. Th. Council held a public ~:~fJ,~ to consider
annexation o~ approximately 367 acres of land 'between 1-35 W
and the Santa Fe Railroad. (Z-1612)
The Mayor opened ~ha public hearing.
Ho one spoke in favor of the petition.
Ms. Sue Wilson, area reidanc, spoke in opposition stating that she
owned leas than 2 acres on Bonnie Brae and had all of the water,
sewer and lights she needed.
Mayor P~o Tam Rtddlesparser asked what were her utility arrangements.
Ms. Wilson responded that TP~L furnished electricity, she had well
water and leptic system for sewerage and did not need any more taxes.
Mr. L. A. Nelson, re~resanting ~obert W. Jones, spoke in opposition
stating Chat his client owmad 70 to 80 tracts in the proposed
annexation parcel. This property had been in the Jones family in
excess of 50 years. The property extended to Bonnie Brae with a 2f0
feet strip of access. This tract would not be subject to
development in the near futura. The balance of the property was
rural in nature and was being used as a cattle operation. Mr. Jones
N~etin8 o£ November 1, 1983
Page Nine
had spent sisni£icanC sums o~ money on corrals, feederus and
chutes. No ot:ilities nra available to the sub, acC Crate.Pein
~ral no~ and ~. Jones ~ould like Co have ~hia parcel
2h~ ann~a2ion proceedi~a.
~yor ~o T~ Riddle~erier asked ii ann~aCion would co~lica~t
raiai~ o[ cattle.
Nr. ~lson re~ouded that ~. ~o~s would have a probl~ wi~h all
City ordinances and e~ecially ~he ani~l control ordi~nc~.
~. ~arles Danaby ~oke in ~posi~ion s~a~in~ ~haC he lived across
from ~e ~ones pr~er~y and was ~old ChaC l~ ~ould be 10 y~ars
before he could receive City sewerage.
~yor Pro Tam liddle~arier asked if ~. Dansby ~uld b~
~i~ on co City saver.s.
City ~er ~r~u~ re~ondad no.
~e ~yor closed the public henri.,
~arlie ~a~kins, Senior Planner, r~or~ed ~haC 20 r~ly fo~s had
~en ~iled vi~h 1 returned in fl~r and 7 r~ur~d in
WaCkins pointed Co ~he ann~a~ion ~p ~o show ~e Jo~s pr~erCy
~ich was a 367 acre tract. ~proxi~tely 30 pe~le live in the
area ~ich is in ~he ~Jor ~horo~hfare plan for ~he CiCy.
re,ones ~o questions ~ich were raised in the ~irat public hearing,
Watkina r~orted that the Solar Way I addition was sold o~ and chat
the addition would be brou~h~ into ~he City aa a non con~o~tni
use. ~e devaluers would be r~uired to co~le~e ~he addition
under ~e e~e conditions as they star,ed.
Welkins also r~orted that ~. Halson was correct reiarding Mr. ,
Jonea'a ~era~iom bei~ in conilict wi~h the City's ani~l control
ordi~nce. ~e ordinance prohibited the ke~i~ oZ breedi~ stock.
Welkins su~seated ~hat it mi~h~ be beCter ~o a~ Che ani~l
control ordinance than ~o re~ve the Jones parcel ir~ the
~yor S~ewarC aCaCed ~he Hr. Jo~s~a sCot,yard ~aracion could be
zoned co~rcial.
E. ~e Council held a public heari~ ~o consider
annexa~ion o[ ~roxi~tely 1125 acres of land located on both sides
o[ ~ill Xoad north o~ Interstate 3~.
~e ~yor ~ened ~he public hearini.
~ one spoke in [avor oi ~he peCiciou.
Ns. Susan ~yo, area resident, apo2e in ~position aca~in~ that abe
had recently purchased acreaie in chis area to raise horses and did
not want to be ann~ed.
~. ~son ~sard, II spo~ in ~position a~atin~ ~ha~ the City
~uncil had sho~ to the residents tha~ ~hia annexation was
inevi~able but the only ~ain to ~he residents would be ~arbasa
aa~ica. ~r. ~ett of the Police Asaocia~ion had ~oken
~hat the City of ~nton Police ~re t~in~ ~o patrol the exiati~
City boundaries. ~e ~uncil should annex ~he ~bile h~e parks and
lea~ the other parle aloe. ~a area had a~eq~e elec~rici~y,
wa~er, ae~rase and ~olice and fire semites.
~. Bob Coonrod apo~ in ~poaiCion ataCini that he would like for
the ~uncil to reconsider the an~xation and no~ ~ake this
~r~erty ~e residents did not need anythi~ ~he City o[ Denton
ad and ihs City of Denton did no~ want anythini ~e residents had.
~ee~ing o~ Novmmber l~
~e City was aski~ Cbs reaiden~s Co be ann~ad a~ Co pay
se~ices ~lowe ~hey ~ld le~ cbs se~ices. ~. Coourod also
sCaC~d ~ha~ lC ~uld be y~ra before ~his area ~uld be dallied.
Ms. Fay Wi~hell, Presiden~ of ~e ~nton Police ~socia~ion, ~oke
in ~po~i~ion s~a~i~ ~ha~ the association did nsc feel ~ha~ ~hey
had ad~ua~e ~o~r ~o co~r any of ~he area~ pressed for
an~xaCion. ~erl ~uld be incr~ed areas to receive ae~icss but
no addi~io~l
~yor ~o T~m iiddle~rjsr asked ii /a~ ~al really beinl said
Cha~ more ~oney was needed in the Police b~e~. ~re money would
hire ~ra o~icerl.
Ms. Wi~ll aCaCed ChaC abe could nsc aec the con,cOlon.
Police could ~ aa~e ~e co~ni~y wich the personal ~haC they
had. ~e ~lice AaaociaCion vas pr~oai~ ChaC no new areas be
Council ~er ~kina seated Chac ann~aCiona ~re policy neckers
and nsc attuned co ~e ~lice ~ar~nC. ~e Police ~arCmenC
should ~ li~uri~ ouC how vor~ ~Chin Chair present sCailinA leal.
~. Wi~hell seated ~ac she was r~reaen~in~ the ~nCon Police
~a~iaCion a~ no~ ~he CiCy of ~nConPolica ~ar~n~.
Ha. ~ine ~rlaon ~oke In ~poaicion aCa~i~ ~aC she had ~de a
conscious decision Co live outside of the City limits when aha had
purchased her pr~arCy a~ did nsc vane the area Co be annexed.
~. Eod Cu~i~h~ aCa~od ~haC he had been a homeo~r in Che area
ior 12 years a~ had ~he so,ices he ~eded. Mr. Cunni~h~ also
seated ChaC he knew Che a~a would be in the City In Oho InCurs.
area. ~.. ~ard a~a~ed ~ha~ a~ ~he ~irs~ public heari~ on chis
October i~ had been s~a~ed
annexa~io~ ~ich was held on 18
residents could no~ discharge firearm in ~he Ci~y limits. ~s.
~8~ard fal~ ~ ~is ~[d be ~ceasa~ because of coyotes and
wol~s amd rabbt~s ~o ea~
~uld hur~ residence ~o held large acreage. ~. Povell also seated
~ha~ according Co ~he aa~ice plan ~ich was given ~o her
raaidan~s ~uld ha~ police pro~ec~ion a~ ~hay already had ~ha~.
~ay would receive regular retuae collec~iom and Cha~ now was bain8
cou~rac:~ ~o Nr. Fred Hill.
~yor ~o Tam Riddle~erger a~a~ad ~ha~ a service plan was required
by law ~o be tu~iahed for each annexation.
~e ~yor closed ~he public heari~.
~arlie Wahine, Senior Pla~er, reported ~ha~ $8 r~ly io~e had
been ~ila~ ~ 1 refund in [a~r and 18 rePuted in opposi~ion.
~e s~aff fel~ ~ha~ ~ere ese an urgency ~o look aC areas
annexation ~an certain coudi~ion warranted. ~ia pa~icular area
was i~r~an~ due Co ~e location si ~e ~ickory Creek sever line
and ~as ~e ~a~e~ ares tot ~ proceed ~bile h~ pa~s. Another
annaxa~ion was pending on ~a~ ~in~y as a resul~ si a ~bile home
park addl~ion. Swisher ~ad had a mobile ho~ park pr~oeal and
a~her ~r~h si Pa~e ~. ~e s~a[i had received ~ica st a 300
acre plan tr~ ~n~ S, ~ller ~or an indus~rial a~ mul~t-i~ily
devel~mC. If ~he area ~re nsc anted, ~ere would be
~bile h~ parka pressed.
4~lty Council Minutes
~ettn$ of November 1, 1983
Pass Eleven
In answer to in~uiries, Watkins stated that water and sewer ere
provided but the City does not extend the lines whether in ~he
liai~a or no~. Tree =ri~s would be taken by =he Solid
~ar~nCand ~t~l ~n~rol would handle the s~u~a, rabbies and
Barton motion to st~ the a~a~ion a~ reconsider the size o~ the
area to be taken in. ~tion d~ed [o~ lack o~ a second.
~yor S~ewart stated that the parcel could be red,ed prior to
an~xation.
8. ~di~ncaa
A. ~e Council considered ad~ tion of an ordi~nce
emtabliahinB new use~ fee ra~em in the areas o~ buildi~ ~eee, ~ed
cuZ~A~, Libra~, Parks and Eecrea~ion, Public ~orka, barricade
inspections, ~Are inmpec~ionm, ~ulance aspics, platt~n~ and
zomi~ Eees, ai~n pe~iza, ~i~l Control, and Police me,ices
the C~ty o~ Denton.
City ~er ~rtung stated that no additio~l ~n[o~ation
available.
St~henm motion, ~kAnQ second to ~able the ordi~nce a~ continue
the dimcuselon on ~e various ~es. ~tion to ~able pammed
u~ni~ua ly.
B. ~e Council conmidered ad~ion of an ordinance
ae~tinB a date, time and place for ~blic ~ari~a co~e~i~ the
pr~omed annexation o~ ~proximately 17~ acrem o[land be~inni~
a point in the present City limits lyinB ~0 ~aet north of and
pe~endicular to the centerline of U. B. Highway ~BO and
~proximately ~600 feet east o~ the te~ination o~ ~ha ~nton city
limit on U. S. HiBhway ~80 east.
~arlie Watkin~, Senior Planner, reported that the ata~[
reco~endin~ the ~ret public heari~ be held on ~c~ber ~, the
second public hearAn~ be held on ~cember 20 and a ~ecial called
~e~in~ on Janua~ 10 to in~titute an~ation proceedings.
~e ~ollo~ ordA~nce was
~O. ~-12~
~ O~I~CE SE~IN~ A DA~, TI~ ~ P~CE OM T~
~TION OF C=TAIN ~OP=~ BY ~E CI~ OF D~N.
T~, ~ AU~ORIZING ~D DI~CTING~ ~Y~TO P~LISH
NOTICE OF SUCH ~BLIC ~XNG.
~mw mo~1on, H~kina second ~o ad~ Ohm ordinance. ~ roll call
vo=m Barton "aye", ~k~ns "aye", SO.hens "aye", Al~or4 "a~"
~Ad~le~er~er 'aye'** ~ew 'aye'~ and ~yor S=ewar= nays'. Mc=ion
ca.led unan~us ly.
9 · RemoluCtons
A. ~e council conaid~red a rm~olution of fo~l ~proval
of Chm C~Cy of ~nCon indumtrial/co~rc~al pre=rma~enC
~rk/~ for quite so. time on ~ie indumtrial/co~rcial
preCrea~n~ proart. Before ~he l~iro~ental ~otec~ion ~ency
could 8ire final ~proval Chmy desired co have a ~o~al resolution
~rom ~hm Council.
Howard ~rCin, City ~isC, r~orted tha~ 2he 1~78 provisions
~he Clean Water ~C called ~or control of pollutants in~o
en~ro~enC. ~e objectives were co preven~ polluCan2a into
City Council Minutes 445
~eetins o~ Hovamber l, 1983
Page Twelve
waste water through pretraatm~nt, to prevent pollutants which would
be untreated and to prevent pollutants in the sludge. As of July,
1983 all requirements had bean met and final approval by the EPA was
conCinsent u~on ~he p&saasa o~ the ~esolu~ion.
~e ~ollo~ rennin:ton wan preens:ed:
RESOLUT I0~
WI~I~EAS,.the Denton City Council, on May 4, 198~_, adopted
Ordinance No. 82 39 settin& forth uniform requirements ior direct
and indirect contributors into the wastewater collection and
treatment system of the City of Denton; and
WHEEEAS, this Council is responsible for the implementation
and o~eracion of the Denton Xnduscrial/Commerical l~reCreatmenC
Prosram and assuring that this program has adequate funding to
effectively accomplish the program objectives; and
~EREAS, this Council desires to evidence the fact Chat the
Council endorses the Denton Industrial/Commerical l~eCreatment
Prosr.am; now, therefore,
TEXAS. BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON,
That the Denton Industrial/Commercial Precreatment Program
herein and above referred to, is hereby approved.
PASSED AND APPEOVED Chis let day o£ November, 1953.
E~G~L~D O. STEWART,
CITY OF DENTON, TEXAS
ATTEST:
~I~AELOTTE AT.LW~, CITY SECKETAKY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
C. J. TAYLOR, JR., CITY ATTOP/~EY
CITY OF DENTON, TEXAS
BY:
Hopkins motion, Stephens second that the resolution be passed.
On roll call Barton "aye", ..l~kins "aye". St.mphens "ave",
Alford "aye", ~tiddle~per~er "aye", Chew ~'aye", and ~yor
Stewart "aye". ~4otion carried unanimously.
Council Member Hopkins stated thaC the City of Denton
wastewaCsr treatment plant was second to none in the United
States.
City Manaser HarCun~ stated that he would like co publicly
consratulaCe Boward Martin and his staff for Chair very fine
WO~ ·
10 · The Council considered approval of a waacewater
services a~reement eith Ben Pinnell and Buddy
Bob Nelsnn, Director o~ Utilities, stated that this was. a
development on FM 2181 ~r~i~ely 1 1/2 m~lee
and 2 1/2 m~laa aas~ o~Che Hicko~ Creek l~f~ a~aCion.
devaluers had asked for se~r entice as an alCer~lve ~o
~it7 Council Ninutes
~t~l~etinl of November l, ~983
Pa8~
Cha co.arc,al race. ~e davel~r ~uld build and ~inCain a
station to ~he CL~y l~m~K l~n~ ~ wo~ld be r~sponaibln ~or
c~c~al p~e~ea~n~. ~e details o~ ~e 4B~umne had been
~ked out vL~ the derelict.
Council ~mbl~ ~kLns asked ~a~ ~he devel~uc plans ve~e.
Nelson ~e~onded ~Ls ~uld be a aL~le ~L17 houaL~ devel~n~
o~ ~proxi~Cely 300 es ~00 howl on 60 ac~ei.
~lson re~onded the in,aka v~s sou~h of the
Council ~mber ~kins stated thaC in ke~ins with the enviro~enCal
siCuaCion, the City did nsc vane ray serrate diacharsed near
intake ·
near the City intake had been a concern of his buC he felt C~aC
City could no~ be over axCe~ed C~i~ ~o se~e dalliance in
~yor ~o Tern Riddle~erser inked how far Chis devel~nC was from
Nelson replied abou= 2 1/2 to 3 mileS.
~yor S=ewar= asked if one lif~ s~a~ion would be
Nelson responded =hat the devel~er would construct ~he li~ ~a~io~.
Mr. Buddy lin~ s~a~ed ~hl~ he had ~ c~ncs Zo ~d. He had
with the s~lff 10 or 12 ti~a and felt Cha~ ~his solution might be
the anser =o areas outside of the City
Council ~mber SO,hens asked ~en the line wis extended from the
de~l~men~ ~o ~he ~ckory Creek ae~r ~Lne and paid Rot, would
City have ~o ~inca~n ~he
Nelson assured the C~ty would maintain only the area Ln the City
limit and ~he ~Cra terriKor~al Jurisdiction.
Council ~mber S~hena asked i~ the an~xaCiona ~Lch were pendi~
were [i~l~zed, would the City limit line be ~ved any closer
chis davel~nc.
~lson r~lied no.
~yor Stewart stated that he Chousht the Co~cil should besin
l~ki~ a~ these C~es of issues. It nhould be consider~d
would occur if =he City had a n~ber of =hess r~ues=e a~
i~ac~ =haC would have on fu=ure e~ansion.
Sc~hens mo=~on, ~k~ns seco~ =o ~prove =he was=ewaCer
a~ree~nC wi~ Ben Pinnell and Buddy Ki~. ~tion ca~ied
unanimous ly.
~e Co~c~l received a r~or~ on 200 Dan~e~ S2ree=
~s~nCan= CiKy ~naser Svehla r~orced =haC Khe scarf had been
~rki~ for 2 weeks on =h~n ~snue,~. Wal=ern pr~nrCy a~ 200
~niel Serene had a flaC apoC on iC ~iCh he. Ired drai~e.
scarf had reco~ad =o ~. Walcers ~ha~ he au~orize =he S=rae2
~ar=~n= =o ~e i~rova~n=a on his pr~er=y. ~. Wal~era ~ad
been ~proached relardini ~ivi~ an aaa~n= =o ~e Ci~y and ~he
s~aff was seekiui an addi=io~l aase~u= on ~a ~rip pr~er=y.
Cit:y Council ~inutes
~et:ing of November l, ~983
Page Fou~een
~en =heal eaae~nCa wa~ ob=ai~d, ~he City would chert have full
ease~n~ from Daniel Street =o ~hway 380 ~e City would be
Caki~ aqu~p~n= on=o ~. WalCer's pr~ar=y %o clear =he d~a~n~e
da=ch p~ovidin~ there was mo rain.
~uncil ~ SO.hens aa~d how =he s=aff would handle Che problem
of fences on =he
Svehla re~o~ed Char ~he fences would be =akan do~ durAnS Che work
and r~laca a~ Che co~le=ion of ~e proJec=.
Council ~ ~kAna aa~d where =he wa=er wen= ~en iC d~ai~d.
Svehla ra~o~ed Cha~ =he wa=e= d~a~ned across Hishway 377 ~n=o
Center Po~nC ~bile h~ park.
M~. Walters ara=ad char ~en =he wa=er h~=s h~s pr~er=y A= ~s our
of =he chapel and Chrou~h his house and back in=o =he channel and
=hen do~ =o =he Cen=e~oinc ~bile ~ Park. ~. WalCers also
sCa=ad ~h~C =he drai~ge di=ch was no= wide enoch.
12. ~e CouncA1 considered ~roval of =he n~e Br~erclAf~ ~or
a new City park.
Assiacan~ ~an =ha= Che s~aff for
City
official ~proval =o n~e =he new 9ark ~n ~e ~yh~ll area
Coune~l ~mbe= H~k~na aa~d ~ =he ~me wan spelled Br~arcl~ff
Briercli~f.
~Kean respo~ed ChaC in aee~injs with the neishbors and =he Den=on
SCa~e 8~hool Che scarf had been infomed ~hac the corracc spellinS
was Briercliff.
Stephens ~ion, ~ew second Co approve ~h~ n~e of Bri~rcliii for
=he new Ci=2 park. ~=ion carried unanimously.
13. ~e Council held a discussion of designs=lng one-way
fron=ase roads on IH-3~ from U. S. 77 notch =o =he Ci=y limit line.
Assis=anc Ci=y ~ser Svehla r~orCed ChaC Che s=aff had preaenCed
a raco~ndaCion from the Cl~isen~ Traffic Safe~y S~por~ Co~iasion
~re~ounly Co the Council rejardi~ the frontage roads of IH-35 from
· S. 77 north and from Highway 380 co U. S. 77.~. ~h~ Bird of
Che Highway ~ar=men~ had appeared before 2he Council ~o discuss
this issue a~ =o ~ive ~di=io~l iniom=ion. ~e Hiihway
~parCmen~ had con~inuad ~o ask ~he Ci=y ~o reconsider
=he fron~e roads from 1H-35 from U. S. 77 north ~o the City limi2
line one-way.
~. ~i~h2 Bird a=a~ed =ha~ =he sZaCe had ori&ina~ed =he req~a~ for
~he ordi~nce desi~=i~ ~e one-way fron=ase roads in order
fillies plans [ora major recona~c~ion of IH-35. ~e ~lans
could no~ be finalized un=il ~e ara=us of =he fron~ase roads was
de=e~i~d aa i~ would m~e a difference in ~he ensinee=i~ desisn
fo~ =he ra~a. All o=her ti=isa alon~ =he recons=ruc=ion ~a=h had
desig~2ed ~e fron=~e roads aa one-way. If =he Ci=y of DenCon
chose no~ =o do ~ls, ~he recons=~c~ion ~rojecC would s=~ a= =he
nor=hem Ci=y limits li~.
Council ~ber S~hena as~d ~a= would be =he da~e =he one-way
condi~ion would ~co~ effective.
Bird rep lied all of ~e fronC~e roads ~uld beco~ one-way
aimul~aneou~ly aC ~e co~le~ion of ~he proJec~
:.
Council ~mber S~hens aa~d if =he ordi~nce was approved,
~uld ~he o~-vay si~ns be insCallad.
4d~iCy Council Hinutes
=~atin~ oi November 1, 195~
Bird respom6ed tha~ i~ ~ould b~ 3 ~o ~ y~r~ bs~ors ~h~
~o~ S~ewart asked if ~he ~uncil did not want Co depilate the
fron=a~e roads one-way aC =his rime, could =he ordinance be ~pr~d
a~ a later dace.
~ird re~o~ed ~ha~ ~he p l~na ~or ~he recoma~ctiom had
c~le~ed before the contracta ~ra le~.
~um~il ~mber ~ina a~a~ed ~hat hie ~oncern was tha~ :he
~oada would be o~-way north an~ ao~h fr~ U. ~. 2~ ~r~h am~
two-wa2 be~en Hi~hwaM ~80 and U. S. ~7. If an accident occurred,
~e a~a~e ~uld i~dia~ely ~ all of ~a from~e ro~a one way.
City Attorney Taylor a~aCed ~ha~ if ~ha Highway ~ar~m: decided
i~ wan neceaaa~, i~ wan hie J~dga~nc tha~ ~hay could ~ all
the froa~a~e ronda oma-way wi~hou: ~proval by ~he City.
~yor Pro Tern Riddleapar~er a~aCad ~hat ~a City had ~i~ ~o
by co~era~i~ with ~he Highway Depar~n~ in this ma~ter.
City ~nager ~r:un~ replied ~at ~he City would ~aim ~ milan o~ new
h i ~hway ·
~yor ~o Tam Eiddleaper~ar asked abo~t the ~ronta~e ro~da
~hway ~80 north ~o U. ~.
~ird rep lia~ ~ha~ the Highway D~artmea~ was no~ worki~ on ~ha~
~ar~icula~ section a~ Chis time.
~. Jer~ HcCloud ata~ed ~ha~ ~em he pur~haae~ his home in
· reanway Ea~atea nei~hborhoo~ he wan mo~ aware of thin problem.
~aa ~paremt ~hat ~he from:a~e roads woul~ all e~mt~lly
one-way an~ was conceded abou: accaaa in~o and ou~ of
nei~hbo~ood.
~. ~Cloud was re~erred ~o ~r. ~ird o~ ~he Highway D~ar~men~
~ur~er clarification on ~he project.
1~. ~e Council co~aidered ~roval o~ a ~a~e. ~der
~raima~e i~rov~an~s ~or :he Bell-~ro~o aya~em.
Aaaia~anz City ~na~er Svehla r~or~ad ~ha~ ~he ~uncil had
a bid ~ mon~ earlier ~ich a combtae~ _bid for drainage
i~rove~nC for ~ell-Coronado a~athe C~ital ~rova~n~s Plan.
~i~i~lly a~ara:a bide were ~an on ~he ~all-~ro~o ~roJec:
~a bids received were ve~ high. ~e project wan rabid aa a
~bined bid wi:h ~he CIV. Xm ~he haa~e to pr~aee ~a
and ma~e :he neceaaa~ cha~es, one line ot ~e wan omit:ad
~he ~abula:iona. ~e acaff w~s req~aa~im~ ~e Council to approve a
chan~e order in ~ha ~nC o~ ~1~,~5~.00 t~ correct ~hia
Ei~dla~er~ar motion, ~ord aeco~ ~ ~pr~ve the chan~e
~ion carried unani~usly.
15. ~e Council conaidared ~proval o~ eaa~i~ voti~
emCi~leman~ in ~he election ior ~oard of Direc~ora for the
County ~pralaal D/a~ric~.
City ~na~er ~r~u~ r~orted that ~he City of ~mCon had a
enti~lemen~ of 552 vo~ea ~ich could be caa~ ia :he alee:ion for ~he
~n~on County ~praisal Dia~ric~ ~oard o~ Dire~ora.
~e ~ollowin~ reaolu~ioa wan ~reae~ted:
AT A RE~ ~ET~ OF T~ CI~ ~CIL OF ~ CX~ OF
~, A.D. 198~.
City Council Ninutes
~eetin~ o! l~oyember 1, 1983 449
Pase Sixteen
t/IiEREAS, pursuant Co the pr~ialona o[ Sonata Bill 621
county in the 8Cate of T~ae, ~e City Council of the City oi
~nCon, T~aa noai~ced Ra~nd PiCts by a leaoluCion dated ~Cober
~, 1983, Co fill i positionon the Board o[ Directors Co the
counCy-~de ~pralaal diacriccl sod
~ ic has ~en deCe~lnad chic ~e City of ~nCon,
Taxis ia entitled Co caaCa CeCal of f~2 vote. for Chi ca~idaces
noml~Ced Co se~o on said Boa~d o~ DirecCo~s:
~OW, ~F~. BE IT ~OLV~ ~Y T~ CI~ ~CIL O~ THE
CI~ OF D~M, T~:
~aC Cbs City of ~nCou, Texas, hereby casts ice voci~
encicl~nC as ~ollova:
Ail 5~2 ~Ces Co h~omd Picts.
~at ~hi~ ~olu~on Be e~[ective i~diately [ro~ and
alter its pa~sa~e and a~roval 5y the City Council o[ the City o[
Denton.
P~S~ ~D ~O~ Chis Chi lac day oi November, A.D. 1983.
itI¢ltAl~D O. STEWART, MAYOR
CITY OF DENTON, TEXAS
ATTEST:
CHAI~LOTTE AI~E~, C~-T~ SECAETA~
CITY OF DE~TON, TEXAS
AVIa'ROVED AS TO LEGAL FO~.H:
C. J. TATLOIt, JR., CItY ATTOR21E¥
Stephens motion, Hopkins second that the resolution be passed. On
roll c~ll vets B~rton 1ye , ~kina aye , ~tephens ~ye , Alfo~d
"aye", ~iddle~erger "aye", ~ew "aye", and ~yor Stewat'c "aye".
~tion carried u~ni~ualy.
16. ~e Council held a discussion of ~en container laws.
Council ~er ~ew stated that hi~ pu~ose in r~ueati~thio item
on Chi a~enda was ~o ~a~er i~uC and info~cion on chi
container laws in Texa~ and for Denton.
City AcCorney Taylor r~orCed Chic the 9r~oaed ~en container
ordi~nce ~uld acute ~aC no ~en alcoholic beveraSe containers
could be inside of a vehicle ~in reach of Chi drier or any
passe.er. Alcoholic be~r~ee could be Cran~orCed
lo~ ~e conCai~rs ~re nec ~ened. ~y ~e~d conCainer ~uld
have ~ be Crin~orCed in ~ C~ck ouC of Chi reach of Chi driver
or any
Council ~ber ~ktns ~CaCed chic Chore was not a scats ordinance
~overnin~ ~en container~,
4K~ity ~ouneil Minutes
v~ati~ of November 1, 1983
P~a Seventeen
~ouncil Member Barton s~a~ed chl~ he believed ~ha ordi~nce ~ou~d be
uncon.~i~u~lona~,
~. Lar~ Ba~ley, insurance asenC. ~o~ urSi~
City A=~or~y Taylor sCa=ed =ha= an ordi~nce of 2his ~Cure would
be ~=remely d~fficul= ~o enforce as you could ncc
Just ~o ~n~ec= for ~en alc~olic he,raSe containers. If a person
~re s~ped for suspected driv~ ~ile in=oxicaCed and
con~ai~r wa. found ,n ~heir p oa....ion, ,hey could ,h.n ben c,%.da~.n
for viola=ion of =he ~en container ordinace.
New Business
~e follow~n8 i~ems of new busi~ss were requested:
~uncil ~mber ~ew asked Co have on ~en container ordinate
pr~ared for =he Council mee2in8 of Nove~er
~yor Stewart asked ~o receive a r~or= o[ =he effect o[ new
devel~n=s on ~he was2ewa=er =rear.n= plan= c~ac~=y
November 15
~e ~uncil then convened ~n~o =he ~ecu=~ Session ~o d~cuse
legal ~==ers, real e~=a=e, personnel and board
official ac2ion was =aken.
With no further busi~ss the ~eC~n~ was
1086C
CITY COUNCIL MINUTES 451
November IS, 198~
PItHSSNT: Mayor Stewart, Mayor Pro Tem Biddlesperser, Council
Members Al~ord, Barton, Chew, Hopkins, and Stephens
City Manager, City Attorney and City Secretary
The Council convened into the work session to consider initiation of
annexation proceedings on a tract of land, approximately 60 acres in
size located along the north side of the east'-'west section of P.M.
2191, which was propossd for 'development of a manufactured housing
subdivision or mobile home park.
Charlie Matkins, Senior Planner, presented an overview of the
location of the tract, proposed land uses and proximity of City
utilities.
Council Member Hopkins stated that he believed the City had all it
could handle now.
Mayor Pro Tam Riddlesperger asked how close the development was to
the Hickory Creek sewer line.
Wetkins responded approximately 500 feet.
Council Member Barton stated that many developers were expecting to
be annexed if they began mobile home parks end would then be granted
the appropriate soning.
Council Member Chew stated Chat he felt the City neede~ to have
control over the land.
Council Member Hopkins stated that the area was a couple of miles
out and would be difficult ~or the Police to patroland for ~arbage
pic~ up.
Matkins stated it was a problem for developers to proceed and then
to have requests for special use permiis for mobile home parks
refused.
Mayor Stewart stated that tho Council had asked Watkins to prepare a
map of all of the mobile home parks which the City Council had
approved in the last Z or $ years.
Mayor Pro Tam Riddlesperger stated it would be wise to wait until
the mobile home subdivision was approved.
Council Member Barton asked if the Council could declare a
moratorium on mobile home park permits.
City Attorney C. J. Taylor responded that the Council could delsy
issuing permits for a reasonable period of time, such as
months while the mobile home ordinance was being prepared.
Mayor Stewart stated that he believed the Council should wait until
the nap of the recently approved perks was prepared and the revised
mobile home ordinance was approved.
Council Member Hopkins stated that the Council needed to find out
the percentage of occupancy in existing mobile home parks.
Council Member Stephens stated chat he would like to see the issue
of the sturdiness of mobile homes addressed in the revised ordinance.
City Manager Chris Hartung stated that the enforcement of the
ordinance would be a problem.
Jeff Meyer, Director of Planning and Community Development, reported
that the ordinance coul~ be more strict on the quality of the mobile
home units. The problem would be with the park management.
~eeY Council Minutes
tinj of November 15, 1953
Pelt Two
Mayor Stewart asked if the revised ordinance could require the
managers to maintain the parks.
Council Member Hopkins stated that the density of the mobile hone
parks would increase problems with traffic and garbage pick up.
Mayor Stewart stated that the revised mobile hole ordinance should
be reviewed by the Planning and Zonin~ Commission before it
presented to the Council for approval. The Mayor then asked w~
the Council's wishes were for initiatin~ annexation proceedings on
the proposed tract.
Mayor Pro Tam Riddlesperger stated that he felt the staff should
keep a close watch in this particular are·.
Barton notion, Hopkins second not to proceed with annexation.
Motion carried 5 to 2 with Council Members Stephens and Chew casting
the nay votes.
2. The Council held a discussion of the new user fee rates in
the City of Denton.
Assistant City Man·der Betty McEean distributed copies of the draft
ordinance, minutes from the Board of Adjustment, the Building Code
Bo·rd, and the ~lectrlcal Code Board. This was · continuation of
the discussion that was held at the Novelber 1, 1983 Council meeting.
The first area considered was that of plat fees. Council Member
Stephens st·ted that he felt the $100 fee for filing of an initial
plat was too high. The consensus of the Council was that the fee
should be lowered to $?S.
Under Police fees, the consensus of the Council was to increase the
warrant service fee from ~CA.S0 to $25.00.
In the Public Works Department, Council Member Stephens asked how
the staff intended to collect the recommended $$ animal registration
fee.
Assistant City Manager Rick Svehla stated that the collection would
be done through the Humane Society. If an animal was impounded, the
owner would be required to pay the registration fee before the
animal would be released.
Council Member Stephens asked if the City had not done this
previously and abandoned the idea.
Senior Administrative Assistant Bill A~gelo responded that the City
had required re~istration, but it was terminated as the
veterinarians were opposed to collecting the fees.
The Council then considered the fees for electrical permits.
Assistant City Manager Svehla stated that the proposed fee would be
$10 plus other fees. Other cities were trying to go to a fee which
was based on a percentage of square footage.
It was the consensus of the City Council to table the electrical fee
portion of the rate ordinance until the December $ meeting.
The Council then adjourned into ~xecutive Session to discuss legal
matters, real estate, personnel, and board appointlents.
official action was taken.
The Council then convened into the regular meetin~ at 7:00
the Council Chambers.
City Council Minutes
Meeting o~ November IS, 1083
Page Three
PRESBNY: Mayor Stewart, Mayor Pro Ten Riddlesperger, Council
Members Al~ord, and Hopkins
City Manager, City Attorney, and City Secretary
A~S~I/T: Council Members Barton, Stephens, and Chew
I. The Council considered approval si the Minutes of the
Special Called Meeting of October ZS, 1083.
aiddlesperger motion, Alford second to approve the Minutes was
presented, Motion carried unanimously.
2. Consent Agenda
Council Members Barton, Stephens, end Chew Joined ~he meeting.
Rlddlesperger motion, Alford second to approve the Consent Amends.
Motion carried unanimously.
Consent Agenda:
A. Bids:
1. Bid # 9200 - Sectionalizer
2. Bid # 0201 - Annual maintenance on t~pevTiter
service
3. Bid J 9204 - Traffic con~roller
4. Bid t ~205 - Un,ferns Fire gepartmen~
B. Pla~s and
1. Approval of the preliminary repla~ of lots 6 and
7, block 4, College Addition. (~e P~anninf ant
Zoning C~ission recomBends approval.)
2. Approval of the preliminary plat of Denton County
Co op ~dition. (The Plannin~ and Zoning
~ot~ission recommends approval.)
3. ~pro~al o~ ~he prolinina~ repla~
o~
lot
1,
~kisson ~tition. (The Planning and
Zoninf
Co~ission recommends approval.)
4. Approval of~he preliminary pla~ of ~he Cozy Oaks
Addition. (~e Planning and Zoning Con~ission
reconeends approval.)
Approval of the ~inal repla~ o~ lots la, 2R and
la, Independence Square ~dition. (~e Planning
and Zoning Co~ission recommends approval.)
C. Change Orders:
1. Consider approval of Change Order ilS, Bid
87S3, Pu~sse Order 4~i~8 lo 6racon Construction
Coupany, ~astewater Treatuent Plan~, limi~orque
Botor con~rol and pro~ect tine extension.
Public Utility Board ~111 consider this l~em at
~heir meeting on November 14.)
Considor approval o~ Chinfe Order il, Bid ~ 9138,
~rchase Order S8171 to Dickerson Construction
Coupany.
4~i4ty Council Minutes
Meeting of Novenber 16, 1983
Page Four
$. Public He&rings
i. The Council considered the petition of the Greater
Denton Arts Council requesting historic landmark (H) sonln!
designation at the southeast corner of Bell Avenue and Hickor~
Street. The property is the location of the old City of Denton
warehouse and nachine shop and is norm particularly described as
lots 1 through 8 of the Railroad Addition. H-29
The Mayor opened the public hearing.
Mr. Clovis Morrisson, spoke in favor of the petition and
conlratulated the City Council on the Texas ~unicipal League award
for their support of the arts. Mr. Morrisson then gave a history of
the building stating that the old City warehouse and power plant
were built when B. W. Mclenzie was Mayor. Mayor McKensie had
travelled to New York to pick up the generators. This had marked a
nilestone for Denton. The architect for the building was Greenwood
and the builder was Lakey. The building had been decommissioned
several years ago. The request for historic landmark zoning for the
diesel plant was based on the architecture. The City had contracted
with a diesel generator firm and had built the building around
them. The buildings had been designed
Milwaukee
architect.
Mr. Morrisson then quoted from a letter w~ich
he had received from
Mr. Peter Flag~ Maxison stating the historic value of this
particular type of architecture in Texas.
Ms. ~ary Hardin, Chairperson of the Historic Landmark Commission,
spoke in favor of the petition stating that the approval of the
zoning would show a concern for Denton's place in history.
No one spoke in opposition.
The ~ayor closed the public hearing.
Denise $pivey, Planning Technician, reported that ~ reply forms had
been mailed ~ith 1 returned in favor, 0 in ~pposition and 1
undecided. The present zoning was light industrial, if the historic
landmark zoning were granted it would overlay the LI zoning. The
Sesquicen~ennial Com~ittee had adopted this as one of their projects.
1. The Council considered adoption of an ordinance
approvin~ historic landnark (H) zoning designation at the southeast
corner o£ Bell Avenue and Hickory Street.
The following ordinance was presented:
83-12S
AN ORDINANC~ DESIGNATING TH~ SOUTHEAST CORNER OF ~EL
AVENUE AND HICKORY STREET (TH]{ OLD CITY OF D~NTON WAA~EHOUS~
AND MACHINE SHOP) IN THE CITY OF D~NTON, DBNTON COUNTY,
T~XAS AS A HISTORIC LANDMARI UNDRR ORDINANCE NO. 80-I0
(ARTICLE 28A OF THE COMPRBH~NSIVB ZONING ORDINANCe); AND
PROVIDING AN ~PBCTIVI~ DATB.
Stephens motion, Hopkins second to adopt the ordinance. On roll
cell vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
~iddlesperger "aye", Chew "aye", and Mayor Stewart "aye". Motion
carried unanimously.
B. The Council considered the petition of the Greater
Denton Arts Council requesting historic landnark (H) zoning
designation at the southwest corner of Bell Avenue and Hickory
Street. The property is the location of the old City of Denton
power plant. H-I0
The Mayor opened the public hearing.
455
City Council Minutes
Meeting of ~ovember IS, 1983
Page Five
Ns. Mary Hardin, ~hairperson of the Historic Landmark Commission,
spoke in favor o~ the petition and asked Ear the Council's support.
No one spoke in opposition.
The Mayor closed the public hearing,
Denise Spivey reported that I reply forms had been nailed with $
returned in favor, 0 in opposition and 1 undecided.
1. The Council considered adoption oE an ordinance
approving hietoric lsndeark (H) zoning designation at the southwest
corner o~ Bell Avenue and Hickory Street.
The ~ollowing ordinsnce was preeented:
85-126
A~ ORDINANC~ DHSIONATING THB $OUTH~ST CO£NB~ aP B~LL
AV~U~ ~D HICIORY ST~NT IN TH~ CITY OF D~ON, D~NTON
~ ~OVIDING AN ~P~CTIVH DATH.
A~ford ~o~ion, Stephens second ~o adopt the ordinance. ~ roll call
vote Barto~ "aye", Hopkins 'taye', S~ephens "aye", Al~ord "aye",
Ridglesper~er "~e', Chee 'a~e', a~d ~a~or Stevart "a~e". Motion
carried unanisou~l~.
C. ~e Council considered the petition oE Douglas and
Lynn Bbersole reques~i~ historic landmark (H) zonin~ desi~na~ion
6~0 Grove S~reet. ~e propert~ Is earn particularl~ described as
lot 1, block 2, oE the ~oodland ~dition.
~e Mayor opened the public hearing.
Ms. Ma~ Hardin, Chti~erson o~ ~he Historic Landsark Co~nission,
asked the Council to vo~e in favor o~ this peti~ion. Historic
land~ark desi~nation zonin~ had previouslF been ~ranted to another
ho~e on 0rove Street. ~e Historic Landnark Coa~ission
in~erested in preservin~ he,es vhich yore exesplary o~ architecture
o~ ~heir da~ and in preservia~ nei~hborhoods. Ms. Hardin asked
people Ero~ ~he nei~hborhood ~n ~he audience vho ~ere in favor
the petition to
Mr. John Lawhon, Texas ~aa's Universi~ at~orne~, spoke in
opposi~ion statin~ ~hat the property was vi~hin the ~ master plan
vhich had been on ~ile wi~h the Cit~ since 1977. Mr. Lawhon also
sta~ed that his obser~a~ion ess that this vas not a historic
structure due to chan~es a2d ~odifica~ons vhich had been ~ade and
the ho~e was used as rental property. ~r. Lavhon concluded
s~atin~ ~hat ~he desi~nat~on vould hamper ~U's lon~ range plans Ear
this area.
~e Ma~or closed the public hearing.
Denise Spi~e~ reported that 12 repl~ Earns had been ~ailed vith 4
returned in favor and 1 in opposition. ~e present zonin~ at the
location ~as ~-1 and the area ess desisnated as lev intensi~ in
the Denton Development Ouide. If ~he petition yore ~ranted,
permission prior to r~odelins ~he ex~er~or of the structure would
be required. ~e structure ~et ~he criteria for historic land~ark
desi~na~ion. ~e Historic Landaark Co~sission had voted 7 to 2 in
~avor o~ the petition and the Plannin~ and Zonin~ Co~ission had
~oted S ~o 0 ~ favor.
4~y Council Minutes
Meeting of November 15, 1983
Page Six
Mayor Pro Tom Riddlesperger asked if the Historic Landmark
Commission had any plans to recommend other houses in this area for
the desifnation.
Spivey responded that there was 1 other application before the
Commission £rom this area.
Mayor Pro Tom Riddlesperger asked if the house could be moved if
wanted to develop on this property.
Spivey replied that the house could be moved throufh procedures in
the Historic Landmark Commission.
Mayor Stewart connended that ss a state institution, TWU had the
right of condemnation.
The following ordinance was presented=
AN ORDINANCE DESIGNATING 630 GROVN STI~EET IN TH~ CITY OF
D~NTON, DNNTON COUNTY, TRI~ ~ A HISTORIC LA~I
ORDIN~C~ NO. 80-30 (~TICLB 28A 0P ~N CO~BEENSIVN
ZONING ORDIN~CN); ~ PROVIDING ~ NF~TIV~ DATN.
Bar,on ms,ion, S~ephens second ~o adopt ~he ordinance. On roll call
vole Bar,on "aye", Hopkins 'niy', S~ophens "aye", Al~ord "nay",
Riddlesperser 'na~"~ ~ew "nay', and Mayor S~ewnr~ 'na~'. Ms,ion
failed S to ~ wi~h Council Members Hopkins, Alford, Riddlesperfer,
~hew and Mayor S~ewar~ cas~inf ~he nay ~o~es.
D. The ~ouncil considered ~he peri,ion of Richard B.
Cushman requestinE a specific uso pe~i~ es loca~e an ingividual
mobile home in a coumercial (C) ~oning dis~ric~. The propor~y
~o~tls ~pproxima~el~ one acre in size and is loca~ed 8lonf ~e north
side of ~pencer ~oad, approElma~el~ 404 fes~ wes~ o~ Loop ~88.
Plannin~ and ~oninf Co~mission recoamends approval.)
The Mayor opened ~he public hearins.
Ms. Carolyn Cushm8n, pe~i~ioner, spoke in favor s~n~inf ~h8t ~he
reques~ was for tenporar~ use only. ~is wes an 8 acre ~rac~ ~o be
used for business pu~oses and she ~nd Mr. ~ushB~n would like
build a ho~e on one acre a~ ~he bmck bu~ would like to build ~heir
businoss first. ~ey were requesting pe~ission ~o move a mobile
hobo on~o ~he proper~y ~o live in ~euporarily. ~ere w~re ~hree
o~hor mobile hones in ~his
Mayor Pro Te~ Rtddlesperser asked wha~ ~pe o~ business would be on
the proper~y.
Ms. Cus~an responded that the~ plannod ~o build ~ roller skating
ri~ along ~he Loop 288 ~ron~afe.
Mayor Pro Tam Riddlesperfer asked when ~he CushBan*s thoufh~
could build their hone.
Ms. Cus~an s~a~ed tha~ ~hey would like ~o slar~ ~he hone bul wer~
having u~ilt~y probleus. ~ore w8s a well and an existing septic
s~stes on the proper~y sad ~he~ were in ~he processing of ~ryinf
fe~ Ci~ water and sewerale. ~e ~en~on Coun~y Nlec~rlc ~oopera~ive
o~od lhe 12 acres north of ~heir proper~y and she fel~ ~ha~ when
vi~or w~s ex~ended ~o ~his properly, ~heir proper~y would also have
gouncil Member Hopkins asked if ~he ~ush~an*s fel~ ~hs~ ~hey would
need lhe ~empor~ perBi~ for 4 ~o 6 ~on~hs.
City Council Minutes 457
Meeting o~ Novelber 15, 1985
Page Seven
Ma. Cushman responded that she felt LC would take approximately
months to ac~uall7 build the business and they would need t~e pernit
£or 1Z to ~8
~yor S~eemr~ sta~ed ~ha~ hil only question would be ~ha~ ~as
tenpora~. If ~e reques~ vas approved, it ~ould stay ~ha~
until ~ ems disapproved.
Co~c~l ~mber Hopkins sta~ed tha~ the staff reconenda~ion vas for
3 years.
~s. ~nhnan responded ~ha~ ~he reconnendatton ~as for 3 years but
she and Mr. Cus~an hoped tha~ it ~ould no~ take tha~ leal. An
en[ineer ~ eorki~ on ~he dra~na[e problems and ~he laying
~ater and ne,er l~nes. As soon aa the business ~as finished, they
~ould apply ~er a permit ~o b~ild a hose.
No one spoke in opposition.
The ~ayor closed ~he public heartn[.
Elisabe~h ~vans, Planning and Conn~ity Developnen~ tavern, reported
~hat ~ re~ly ~o~n had been wailed e~h 0 returned in fa~or and 0
opponit~on. Existing land use in ~he area ~as a recreational
vehicle ~ed. an a ~anily residence and stora[e and sale o~ por~able
ni~ns. ~e Denton ~velopne~ 6wide reconnended high in~enait~ for
this area. ~e request ~or the specific use perniC was ~or use of a
nobile home ~or a sin[le family residence. ~ater and sever problems
necessi~ated co~itions ~or pla~ approval. P~Z reconnended approval
b~ a vote of 4 ~o 1 subject to coBplLance vi~h the conditions ~hat
the lots lust have City plat approval, only one mobile hose on the
lo~, ind the specific use perlit would expire in 3 years.
~e Hayer s~ated ~hat he vas concerned abou~ the legality of such a
~enporary pe~it. Could ~ parcel be rezoned or could it be done
throush the specific use permit.
city A~o~ey C. J. Taylor responded that ~his permit vas for a
specific use of land ~or a specific tine period and vas not
pernanen~ zoni~.
~ayor Pro Te~ Riddlesper~er asked i~ this would create an
en~orcenent
Taylor responded that enfo~emen~ would be done ~hrough utility
services when the specific use pe~it ordinance expired.
1, ~e Council considered adoption of an ordinance
approvins a specific uno pe~it to loca~e an individual lobile hose
on prop~ty located alo~S the north side of Spencer Road,
approximately 404 feet ves~ o~ Loop 288.
~e follovin~ ordinance vas presented:
~ ORDIN~CE G~ING A SPECIFIC U~ PEg~IT ~ ~NDIN~
~ ~ONING ~ OF ~ CITY OP DE~ON, T~X~, ~ S~
~T~ ~ ~ ~P~IX TO ~E CODE 0F O~IN~CES OF THE
CI~ OP D~ON, T~, BY ORDIN~CB NO. 69 1, ~ A~
~ ~PL~BS TO ~OXI~LY ONE ACR~ IN SIZ~ B~ING LOCATED
A~G ~ NORTH SIDH OF SP~C~ RO~, ~PROX~TBLY 404
FB~ WHAT OF LOOP 218,AS SHO~ ON ~Z T~ RECORDS OF
C~TY 0F g~N, ~; ~ DEC.RING ~ EPF~CTI~ DAT~.
~ew ~otiou, Hopkins second to adop~ ~he ordinence. ~ roll call
vote Bar,on "aye", Hopkins aye , Stephens aye , Alford "aye",
Rlddlesper[er "aye", Chew "nye", and Mayor S~e~ar~ "aye".
carried ~an~nous ly.
~y Council Minutes
Meeting of November 15, 1983
Pain 3ifht
E. The Council considered the petition of Ton D. Jester,
Jr, requesting a chanje in zoning iron single tnnily ($P-?) to the
light industrial (LI] classification at 316 Frans Street. The
property is located on the east side of Prane Street approximately
250 feet north of Hast Mclinney Street.
The Mayor opened the public hearing.
Mr. Ton Jester spoke in favor of the petition stating that this
a lO0 x $00 foot lot. He was requesting light industrial zoning
connercial zonin9 would be acceptable as he wanted to build sial-
warehouses on the property, Light industrial zoning was virtually
all around the property. There had been no opposition at Planning
and Zoning Conmission hearing except iron statiti. Mr. Jester
distributed photographs of houses and businesses in the area and
stated that no new building had been done in this area since 1967
and he doubted that any new single tinnily housing would be built
here. A statenent had been aide at the PtZ nesting that he would
receive a windfall iron the zoning as he could use the property in s
comnercial capacity niter it had been purchased as residential. Mr.
Jester stated that he personally did not believe that it was a
concern of the City if the property increased in value or not. Mr.
Jester also stated that this zoning would open the area as there was
light industrial zoning across the street. Regarding the hones in
the area, ~. Jester stated that the results of a recent survey
showed a 40 45t vacancy factor was expected in hones in Denton by
$eptenber due to the increase uti apartment units.
Mayor Pro Ten Rlddlesperger asked if this property was close to the
creek.
Mr. Jester responded yes; there was one owner between this property
and the creek.
Mayor Pro Tee Riddlesperger asked iti the property would flood.
Jester responded no; the sta£i had indicated that it was about 100
tieet out of the ~lood zone. There had been sons discussion as to
whether he planned to build on the property or to have it zoned and
they sell it. Mr. Jester assured the Council that he planned to
build the mini-warehouses on the property.
No one spoke in opposition.
The Mayor closed the public hearing.
Jefti Meyer, Director of Planning and Zoning Conniseion, reported
that 14 reply forms had been nailed with 1 returned in favor. This
was indicative of the problem in this type of ares where most homes
were occupied by renters and the owners were the persons notified
the zoning change requests. The request had serious ditiferences
with the developnent policy for this area. The Denton Development
Guide called for t~e protection of older neighborhoods and
specifically that industrial development adjacent to the south and
east was to be closely monitored, including that industrial
development would be limited to the area east of ¥oodrow Lane.
Approval of this petition would violate these policies. The policy
also prohibited access through residential streets and access to
Prane Street was through residential streets. This would be an
intrusion into a single fanily area. thlle it wan true that there
wan light industrial zoning across the street, that area itself
would be inpncted and the proble~ conpounded iti nors light
industrial was added. If the area across the street and along
Mc[inney developed, there would be a high concentration
industrial or commercial uses in an area which was designated as low
intensity. Many types uti uses which could be done in this area were
not compatible to single family housing. This situation could be
handled through strict site control, tiencing, and placement.
Planned Developnent was the way to accomplish this.
City Council Minutes
Meeting of November IS, 1983
Page Nine
Council Menber Hopkins asked i~ the Planning and Zoning Commission
had discussed a planned development for this area.
Meyer responded no.
Alford motion for approval of the zoning request. Motion died for
lack of a eecond.
Barton motion, Chew second to deny. Motion to deny carried S to 2
with Council Members Alford and Hopkins casting the nay votes.
P. The Council considered the petition of Tom
requestin~ a change in zoning from agricultural (A) to commercial
(C) on an approximately 6.769 acre tract in the A. Hill Survey,
Abstract 623. The property is located approximately 800 feet west
of Teaslay Lane on the south side of the I'-~$SB service road between
Teasley Lane and Sam Bass Road.
The Mayor opened the public hearing.
Mr. Tom Fours, representing the owners, spoke in favor of the
petition stating that the area to the north and west was zoned
commercial with 1/2 acre zoned for general retail. When the request
was made, it included some area which was already zoned due to a
lack of legal de{inition of what was zoned commercial and what was
zoned agricultural. Apartments were building built in the
surrounding area. The owner was concerned that Sam Bass and Teasley
conztituted a large area that did not have a street through. Jason
Street is projected to go through which would give better access to
Interstate 35 and keep traf{ic off of Teasley.
Council Me~ber Stephens stated that the exit showed a very sharp
turn off of IH-$S onto Jason.
Council Member Hopkinz asked how far beyond the service road
intersection wee the exit.
Mr. Fours replied that it was several hundred feet. The traffic
problem had been addressed by the State Highway Department.
Mayor Pro Tem ~iddlesperger asked how large was Jason Street.
Mr. Fours responded that Jason was a collector street with 60 feet
o£ right-of-way and 40 Soot back to back curb and gutter.
Mayor Stewart aeked who owned the rest of the property.
~outs responded that the people he was representing owned all of the
property that waz effected bythe commercial zoning. Part of the
property was already zoned commercial and his clients were
re~uesting commercial zoning {or the remainder.
Mo one spoke in opposition.
The Mayor closed the public hearing.
David ~llison, Development Review Planner, stated that 8 reply forms
had been mailed with 2 returned in favor and 0 in opposition. The
easement which Mr. ~outs diecuzsed was a private easement and not
dedicated. The access can notbe guaranteed without planned
development zoning. With commercial zoning there would be more
opportunity for developmen~ which would mean more dollars for the
potential extension of Jason. Staff wanted to point out that if the
interior of the property was not developed, individual lot owners
would require public street {rontage along Jason and there would be
no guarantee ~hat the extension would be made, as ~H-35 provided
adequate public access. Thiz was a moderate intensity area and
commercial zoning was consistent with surrounding zoning and long
4~y Council Minutes
Meeting of November 1~, 1983
Page Ten
range plans of the Denton Developnent Guido, The staff felt that
planned development zoning ~ight be ~ore appropriate to control
internal access and circulation. The Plannin$ sad Zoning Commission
discussed the access issue ·nd ·greed that 6 more acres would not
warrant a planned development.
Council Member Stephens asked if a traffic study had been conducted
in the area.
Rllison responded that no count was done. The Traffic ~nlineer felt
that the extension of Jason night have some impact for the
developnent in the immediate proxinity of Jason but its overall
impact on Teasley was indeterminable.
Council Member Stephens stated that if the area were to have high
density residential development it would impact Tealle~.
Mayor Stewart asked if it would be to the owners advantage to put a
street in.
~llison responded yes.
Payor Stewart stated that there would not be access to the back of
the property without a street.
Mayor Pro Tee Riddlesperger stated that the City could insist upon
the street.
Bllison responded no, not without planned devolopuont. If the
developers subdivided the interior, each individual lot or platted
tract would have to have · public street across the frontage. The
land would be platt~ in such a way so that all of the frontage
would COBe Off of IH 31 and could avoid so~e off-site Improvements.
In the new Subdivision Rules and Refulations there were
discrettonsr~ provisions which require platting or buildins of
public facilities off-site if the Pti and Council felt it was
reasonable.
1. The Council considered adoption of an ordinance
approving a change in zoning fron agricultural (A) to coumercial
on property located ·ppr~ximately 800 feet west of Teaaley Lane on
the south side of the I $S~ service road between Teasley Lane and
Sa~ Bass Road.-
The following ordinance was presented:
83-128
AN ORDINANCS AMBHDING THB ZONING MAP OF THH CITY OF D~NTON,
TSIiAS, AS SAMR WAS ADOPTED AS AI~ APP~NDI! TO THB COD~ OF
ORDINANCES OF TH~ CITY OP D~NTON, T~IAS, BY ORDINANC~ NO.
69-1, AI~D AS SAID MAP APPLIBS TO AN APPROXIMATSLY 6.769
ACR~ TRACT IH TH~ A. HILL SUR¥~Y, A~STRACT 623 LOCATED
APPROXIMATELY 800 P~BT #~ST OF T~ASL~Y LAmB ON TI~ S~UTH
SIDB OP THB I-3~B S~RVIC~ ROAD B~TWI3~N T~ASL~Y I~ AND SAM
BASS ROAD; AND D~CLARIN6 AN BPPBCTIVS DAT~.
Rlddlesper~er notion, Alford second to adopt the ordinance. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Afford "aye",
Riddleaperger "aye", Chew "aye", and Mayor Stewart "aye". Motion
carried unanimously.
4. Ordinances
A. The Council considered adoption of an ordinance
establishing new user fee rates in the areas of building fees, weed
cutting, Librar,/, Parks and Recreation, Public Works, barricade
inspections, fire inspections, ambulance service, platting and
zoning fees, sign pernits, A~lisal Control, and Police services in
the City of Denton.
City Council Minutes 481
Meetin~ of Novenber 1S, 1985
Page ~leven
Mayor Stetfart stated that the electrical service fees had been
deleted free the ordinance aa presented.
City Manager Ch,tis Hartua! reported that chis ordinance had been
discussed at length.
Council Ms, er Stephens stated that .questions had been raised
regardin$ the foes for plats and replats
Stephens sotion, Hopkins second to remove the plat and replst fees
from the ordinance for discussion. Motion clrried 6 to 1 with M~yor
Council bmber S~ephens stated ~hat the current ~ee for
plmts wes SSS ~d the consultant's recou~endation w~s ~6S0 ~nd ~he
staf~ rec.onondation y~ri~ iron S150 to $650. Council
Stephens sufses~od tha~ this bo t~ken in s~eps. ~e ssiller pla~s,
less ~han 3 lots or less then S ~cres should bo assessed a fee
$7S.00 ~nd the l~rser plats be not ~ore ~han $100. ~e increases
should be i~plemen~ed by defree.
Council ~ber Hopkins sta~ed that ~his was ~n id~usted prosr~m o~er
~ S year period. ~e $100 fee would be fradutlly incretsed lo the
~350 fee but he felt the initial cos~ should be reduced.
~ouncil M~ber Stephens ~lso stated th~ ~he increlse ~ros $110 to
$650 ~or replsts w~8 coo l~rfe o~ an increase and w~s a~raid this
would be ~n inhibi~ion.
hyor S~ew~rt 8s~ed for Cou~lI Member Stephens's su~fes~ion.
Council ~bor Hopkins s~ted ~h~ the fees should bofin mt · lower
Council ~eBber Bar, on s~ated ~he Co~cil should renember ~hat the
cost was ~here vhether it was borne b~ the individual or the
~axp~ers.
hyor Stew8rt st~ed ~htt the Cit~ was subsidizinf ~he builders.
Council Me~ber Stephens s~ated ~hat l~ would expand ~he tax b~se
the Coat.il would encourage the con~infen~ construction ~nd ~oo
1trio of ~ fee would be ~ burden.
Ms,or Stewert stated that it was obvious on ~he ch~rt which showed
costs In 1987-88 the fee was s~ill no~ foinf lo cover lhe cos~s
which were borne by the City on plats ~nd replays. ~is ordinance
was merel~ t sttr~ ~o be spread over · S year period o~ rise ~o jet
the charles equal ~o the coat of the service.
M~or Pro Tom ~iddlesperfer stated that he did not h~ye ~ probles
wilh ~he initial pllt cos~.
Council H~ber Stephens asked shout the l~rfer lots.
Ms,or $tewar~ sta~ed ~htt th~ cost would s~i11 no~ be recouped.
felt this was · reisonsble startinf incre~ent which could be ch~n~ed
i~ necess~w.
Co~cil ~sber Stephens ~s~ed If consultation had been held with
~ride people ~o see if the f~s would be ~n inhibitor.
Council Mo~ber ~o~ ls~ed w~et would be an ~ppropris~e ~ee ~or
replaY.
Council MJmber Hopkins stated that he ~elt the proposed ~ee w~s
extremely tifh sad would like ~o hear from ~n~one in ~he audience
who wanted speak ~o ~his iss~.
~y Council Minutes
ting o~ November IS, 1983
Page Twelve
Mr. Robert Sage cautioned the Council about JuEpin[ into a hl~her
fee structure without a survey of other cities. Mr. Sage stated
that he did not think the Council wanted to discourage opportunities
for the City to expand.
Mayor Stewart responded that a survey had been conducted.
Council Member Alford stated that a consultant had been hired to
determine what the actual costs were for various City services. The
taxpayers were paying for the services at the present time.
Mayor Pro Tom Riddlesperger stated that he believed the fees were
fair and they were being implemented over $ years.
Riddlesperger motion, Barton second to approve the list of fees as
submitted.
Stephen motion, Chew second to amend the motion to read:
plats/other $100 instead of $3S0
rapists/other
without notification $200 instead of $650
plats/other
without notification $200
Motion to amend the main motion failed 4 to $ with Council Members
Barton, Alford, Riddlesperger and Mayor Stewart casting the nay
votes,
Vote on the main motion to approve the list of fees as submitted
passed 4 to 3 with Council Members Stephens, Chew end Hopkins
casting the nay votes.
The following ordinance was presented: '
83-129
AN ORDINANCE ESTABLISHING CERTAIN FEES TO BE PAID TO TNB
CITY OP DENTON, TEXAS AND DECLARING AN EPPECTIV~ DATE.
Riddlesperger motion, Barton second to adopt the ordinance. On roll
call vote Barton "aye", Hopkins "aye", Stephens "nay", Alford "aye",
Riddlesperger "aye'e, Chew "nay", and Mayor Stewart "aye". Motion
carried $ to 2 with Council Members Stephens and Chew casting the
nay votes.
B. The Council considered adoption of an ordinance
regarding the Texas Municipal Retirement System updated service
credits and increased retirement annuities.
City Manager Chris Hartung reported that the Staff was ver~ pleased
to bring this ordinance to the Council. The new provisions would
benefit employees who were nearing retirement and employees who had
already retired. This provided for changes in the method of
computation of their benefits. This had been approved in the budget
and would 8o into effect January 1, 1984.
Tho following ordinance was presented:
83-130
AN ORDINANCE AUTHORIZING ~ ALLOWING, UNDBlt TH~ ACT
~OVBRNING TH~ T~XAS MUNICIPAL RBTIR~ENT SYSTBN, 'UPDATED
SERVIC~ CREDITS' IH SAID SYST~ FOR SERVICE P~ltPOR~D BY
OUALIPYING ~h'~EERS O~ SUCH SYST~ ~HO PRESENTLY ARB IN T~
ENPLO~NT OP TI~ CITY O~ DBNTON~ PROVIDIN6 PO~ INCREASED
PRIOR A~D CUItRENT SERVICE ~qNU~TIBS PeR RETIREES AL'D
BENEFICIARIES OF DECEASED RETIREES aP THE CITY; AND
ESTABLISHING AN EP~ECTIV~ DATE FOR SUCH ACTIONS.
City Council Minutez 463
Meeting of November 15, 1985
Page Thirteen
Choy motion, Alford second to adopt the ordinance. On roll call
vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "nye",
Riddleaper~ar "aye", Chew 'ayo~ and Mayor Stewart "aye". Notion
carried unanimously.
C. The Council cemaidered adoption of an ordinance asking
the £rontlle roi, is on 1-35 one-e&y from U.S. 77 north to the City
limitS.
City Manager Hartun~ itated that this item was on the a~enda at the
request of the State D~partment of Highways and l~ublic
Transportation, They yore ia the process of preparing plans for the
rebulldin~ of Interstate SS from Denton to Gsines~ille and hsd
requested that tl~e Council consider res~rictin~ service road to one
say traffic upon completion of the construction.
Council Member Stephens stated that he vould like for the record to
shoe that this ordinance ~ould ~o into effect ~hen the construction
~as completed nad all other service roads to the County line
one
City Attorney Taylor stated that the ordinance vas ~ritten ¥ith an
e~fective date to coincide ~lth tho time ~hen the signs yore in
place. The sties eould be installed after the completion of the
project.
City Manaler Hartung reported that the staf~ ~ould forvard a letter
to the State Department of Highyeys and Public Transportation
statin~ the conditions of tko ordinance that the effective gate
vould be U~on the conpletiom of the Interstate IS rebuildin~ and
vould be for omly those service reads fron U,S. 77 north to the
Denton cit~ limits.
The follovinl, ordinance vas presented:
aS-IS1
A~ ORDIN~C~ ~STRICTING TH~ PRONTAG~ ROADS OP I.H.
B~TI~]~ THI NORTH]~J~ CITT LIMIT LImB AND U.S. 77 TO
V~lilCULAR T~AP~IC, PIOHIBITING TRAFFIC PROM SOUTH TO NORTH
ON T~[B II~STRRN PltONTAG~ ROAD AIqD PROM NORTH TO SOUTH ON
BE~Sc~TBRN PRONTAGB ROAB~ PROVIDING A P~NALTY OP A PIN~ NOT TO
~D TIO HU~DIL~D DOLLARS ($200.00); PROVIDING A
SIi'T~IABILIT¥ CLAUSB; AND DBCLARING AN ~PFBCTIVI~ DATB.
Stephens motion, Hopkins second to adopt the ordinance. On roll
call vote Intron "aye"! Hop~lms "aye", Stephens "aye", Afford "aye",
Riddleeperler "aye", Che# "aye", and Ma~or Stevart "aye". Notion
carried unanimously.
D. The Council considered adoption o~ an open container
ordinance ~or the City of Denton.
City Manager Hartung stated ~kat this item vas on the alenda at the
request of Council Member Che~.
Council Me~ber Choy stated that he had placed the ordinance on the
slenda because ho Yanted to lee sonethinE done in the City o~ Denton
to regulate open containers.
Hr. Larry Bailey, insurance a~ent, stated that soee people in the
City of Denton yore very responsible citizens and some ~ere not.
The ordinance Yhich ems before the Council cae the sase ss the one
Yhich vas used by the City of Houston. Several other Texas cities
had approved open container ordinances and none had been overthrotra.
4~y Council Minutes
Meetin~ of November iS, 1985
Pa~e ~ourteen
Mayor Pro Tee Riddlesperser asked Mr. Bailey if he thought open
container regulation should be a state law.
Mr. Bailey responded very definitely.
Mr. B. D. Gronin, insurance siena/adjuster, stated that he wade a
survey of his files of claius and 80% of the cases related to
driving while intoxicated.
The followin~ ordinance was presented:
85-152
AN ORDINANCE R~LATING TO TI~ CONSUMPTION OP ALCOHOLIC
B~IVI~ItAG~S IN MOTOR VNHICL~S; PROVIDING P~NALTI~S AND
DSC~ING ~ ~FF~CTI~ DA~.
Chew ~otion, Barton second to adopt the ordinance and to indicate
the state that the Council felt this should be a state statute. On
roll call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford
"aye", Riddlesperser "aye", ~ew '~e'~ ~d Mayor Stewart
Mo~ion carried unanimousl~.
B. The Co~cil considered adoption o~ an ordinance
abandonin~ an easement, lot 9, block A, ~illo~ood Addition,
~olf Court.
Bob Nelson, Director of Utilities, reported ~hat the o~era ~anted
to sell ~he propert~ and discovered ~hat they had buil~ a portion
their hose in the easement; there were no u~ilities in place on the
easeaent. The abandonaent ~ould not e~fect any other utili~ies.
~e Public Utility Board reco~aended the abandoneent.
The follo~ing ordinance cas presented:
AN ORDINANC~ PROVIDING FOR ~ AB~DO~T O~ A UTILI~
~ENT ~I~IN TH~ CITY OF D~TON ~D AU~OIlIING
~YOR TO ~X~C~ A QUITC~I~ DB~D CO~YIMfl ALL
TITLE ~D INT~R~ST OF ~ CITI IN SAID ~$~NT TO
O~R OP TH~ T~CT OP L~ CO~YZD BT SAID ~AS~;
D~CL~ING ~ BPPBCTI~ DATB.
~opktns sotion, Barton second to adopt the ordinance. On roll call
vote ~rto~ "aye", Hopkins "aye", Stephens "aye", Al~ord "aye",
Riddlesper~er "aye", ~ew "aye", and Mayor Stewart "aye", Motiea
carried unanimously.
~, ~e Co.oil considered adoption o~ an annexalion
ordinance and service plan ~or a ~ract of land approxieately 1S0.S
acres in size beginnin~ a~ ~he in~ersection of ~ il~ and Mayhi11
Road, and extendins easterly 2S0 feet either side o~ the centerline
o~ ~ 126 for a distance of appproxiaatel2 1,000 ~eet and includin~
a 104 acre tract on ~he north side o~ ~ 126. Z-
Charlie Watkins, Senior Planner, reported tha~ ~his was ~he ~inal
action on the annexation on either side o~ ~ast Mclinney Street and
included propert~ belon~ins ~o Chaepion Mobile Hoses. Adoption o~
the ordinance would require ~ ~ffira~ive
~e ~11owing ordinance was presented:
~ ORDIN~C~ ~N~ING A TRACT OF ~ CO~I~OUS
ADJAC~T TO ~ CITY OF D~N, T~S; BBIN6 ALL ~T LOT,
~ACT O~ P~C~L OF ~ CONSISTING OF ~OXI~T~LY
City Council Minutes 465
Meeting o! Novesber 15, 1985
Page ~iftaen
AC~S OP LAND LYIN~ AN~ BHING SITUATED IN TH~ COUNTY OF
D~NTON, STATH OP T~XA~ AND B~ING P~T OP ~E M. POa~HST,
~CT NO. 417,, D~ON COUN~, T~; CL~SIPYING
~ ~ AG~I~L~ 'A' DIS~ICT ~OP~TY; ~ D~C~ING
~ ~P~CTI~ DA~.
~ew sotion~ Stephens ~eco~ to ~dop~ the ordinance. On roll call
vo~e B~rton 'u~", Hopkins '~e'~ Stephens "eye", Al~ord
~lddlesper~er "aye", ~ew "aye", and Mayor Stevart "aye". Motion
carried 6 to 1 with Co~cil Me~ber Bar~on cas~ing ~he na~
5. Public ~earin~s
A. ~e Council held a public hearing on ~he petition
~aspion H~e ~unities~ Inc. requestin~ approval o6 a specific
use per, it ~or a eobile ho~e park on a 10~.2S acre ~rac~ located
adjacent and nor~ of ~ 4~6 (Bast McKinneF) and adJacen~ and south
o~ N~lls ~oad, and be~t~ln~ approxi~a~ely ~,000 fee~ east
~yhill Read. S-174
The ~yor opened the public hearin~.
Mr. Dick lelsey ia~roduced Hr. John Seibel, Presiden~ of Chaap~on
Mr. John ~eibel spoke In ~avor o~ the petition sta~ing that Champion
Homes Builders Cospany pr~uced housin~ nat~onwide with ~2 housing
~lants and 4 compo~en~ plan~s. ~ey were a si~nificant part of the
exas housln~ scene as they had ~our plants located in Texas which
produced In excess of 3,000 ho~es. ~is ~ade ~he~ ~he largest
producer of sobile hoses In the sta2e. Champion's share o~ the
Texas market had increased annually and now represented
approximately l~t o~ the to~al ~arke~. ~ere was a need for
type o~ housin~ as it was a~ford~ble to a larser nuaber o~ the
population. ~e average cos~ of on s~te buil~ housin~ had increased
dra~aCically. ~ ~he trend o~ Chase price increases was
extrapolated, i~ would sho~ wore si~ni~ican~ variances bF 1990. The
averase house payments ~ereauch ~hat only 10t of ~he people in the
United Sta~es could affordanew si~e built hose. The persons ~ho
could not afford ~hese costs ~culd becone the custoners for high
~ality n~factured homes in parks. Manufactured housin~
econin~ a yew lnte[ral part of ~he housin~ narke~.
Mr. Seibel then presented a slide presentation of nanufactured
housin[ and stat~ that the industry had sade enornoua s~rides in
the las~ sever~l years. ~usin[ needs h~d increased and ~ould
continue ~o inc~ease. Mr. Seibel ~hen presented slides o6 parks
~hich had bee~ developed by Chanpion Hones and plans for the park
~hich was proposed to be buil~ in Denton. Mr. Seibel stated ~hat
Cha~ion had sade naJor chan[ea to ~he si~e plan to conply with City
o~ Denton ordinates. The request for eater and se~er service
the City had b~n ~ran~ed. ~e pro~ect ~as begun under County
standards bu~ the property had now ~een annexed into the city.
~yor S~eear~ asked abou~ a park area on ~he site plan.
~. Se~bel shoe the park area on the si~e plan.
Council Member Hopkins ask~ about Khe traffic density e~hin the
park.
Mr. Seibel es~imated that ~here ~ould be approxinately ~00 cars in
the park.
~yor Pro Ten R~ddlesper~er ~estioned the size of the lots.
Mr. Seibel responded ~hat lot sizes would vary but would be between
4200 and ~S00 square feet.
Council Minutes
Meeting of ~ovember
Page Sixteen
Mr. lelsey spoke in favorof the petition stating that when the
property was purchased it was in the County. The developers had
approached the City asking for utility service. Champion was not
told that when the annexation was completed, specific use sones!
would be required. The developers had complied with all requests
from the City and were only asking that they be allowed to complete
what they set out to do. The park residents would their
home, and rent the lot space and there were persons ~wanted
live in this type of development. There was a lot of prejudice
against pre-fabricated homes. Site-built houses have taken ideas
from pro'fabricated homes. Champion would be flying an alternative
to renting apartments for day laborers who lived in Denton.
There would be no problems for the City as far as the utilities were
concerned. The payments would go directly to the manager and would
be paid by the perk and recouped through rental fees.
All of the arguments against mobile homes had been considered by the
Planning end Zoning Commission and this was found to be the highest
and best use of this land. Several opponents to the petition were
not inside the City limits and did not want to be annexed, but they
wanted the City to control the development which was adjacent to
them. Mr. lelsey stated that there wes natural resistance to zoning
changes but the P~Z and staff had approved and these changes would
come. You could not prevent development because you do not want
it. Champion Homes had dealt with the City in good faith mnd did
not feel that they should be caught up in a moratorium on mobile
homo parks.
Mayor Pro Ten Riddlesperger asked if Mr. lelsey knew how many
vacancies there now were in other mobile hose parks in Denton.
Mr. lelsey responded he did not know but they all looked full.
Mr. Seibel stated that therevast substantial shortage of mobile
ho,, park space all over the united States and ,sp,cLally here in
Texas,
Council Member Hopkins asked if they were aware of how many new
mobile home parks were under consideration in Denton.
Mr. Soibel responded that he knew several proposal had sene before
the Planning and Zoning Com~ission but not all of these proposals
would be approved.
Mr. Lament Brown speke in opposition stating that he owned 72 acres
which was contiguous to the proposed development and shared 2776
feet of common boundary. Mr. Brown also stated that he was not
opposed to the mobile home industry but felt that this particular
development was not appropriate for this acreage and the trend was
troublesome in the east quadrant of the City. Champion had stated
that $19,000 was the worth of their homes. Since this was about the
average price of other mobile homes, Mr. Brown felt that the homes
in this park would very much like all other mobile homes and not a
cut 8boys as had been stated. Mr. Brown then presented an
advertisement from the Denton Record-Chronicle for an on*site home
which showed the payhents to be approximately 1/2 of the price
quoted by Champion for this type of housing. There were presently
45 spaces occupied at the Lakewood Hotness mobile home park which
meant that there were appproximately 160 spaces which were vacant.
Ail of the homos at Lakewood had an exterior coverinf which fays the
appearance of on*site construction homes. In the beginning stages
of the development, Champion Homes did not propose a project which
was to City standards and Mr. Brown felt · concern for what would
happen in the future to the park if the ownership were to change
hands.
City Council ~inutes 467
Meeting of November 15, 1983
Page Seventeen
Mr. Brown then stated that if his 72 ·cra Arabian horse f·r~
beneficial to the City, he w~uld not oppose annexation. Mr. Brown
then asked those in the audience who were opposed to the petition to
stand. Objections to the petition included the density of the land
use. The Denton Development Guide designated this are· as
intensity and the Champion development would not be a Iow density
use. Mr. Brown also stated that he anticipated a drsin·ge problem
on the property. The dr·lnago would come toward Mclinney Street
with l/$ of the water movini towards Mills Road. #ith the
additional concrete ·nd asphalt he was concerned about possible run
off problems on Mills Road. The development would also add
additional traffic problems and congestion on Mills Road, Mclinney
Street and Nayhlll. A dangerous problem would also exist with turn
lanes into the park. Mr. Brown also st·ted that he believed a
probles would exist with ·xtending City utilities to the area and
with the increase this development would cause in the numbers
school children in Denton schools.
Mr. Brown stated that~ contrary to Mr. £elsey*s remarks, the
residents in this area were not opposed to change but wanted
chan~e. There were currently 12 existinff ~obile home parks in the
eastern qgadr·nt and 3 more which had been approved. Mr, Brown
distributed booklets which contained photographs of all of the
sobile ho~e parks and mobile home co~unlties in the vicinity of the
Champion development. Mr. Brown estimated a current 20t vacancy in
the existing parks. A single family development was needed in this
area to achieve · balance of housing. Mr. Brown concluded by saying
that he was pleased at the opportunity he had been given ~o know the
Council and was concerned about the kind of sass·ge which would be
sent to the sobile ho~e developers. The Council had sade tough
decisions in the past to assure the future.
Mr. Toe Peters spoke in opposition statin~ that he was not a
resident of Denton and his ob~ections were personal. Mr. Peters
~elt that Ch·spiou was trying to find s place to place their mobile
hoses so as to increase their sarket. At the Planning and Zoning
Ccssission meeting the Chairperson had a prepared state·eat which
lad his to believe that the Chairperson had sade up his mind about
~he recomsendation on the soning prior to the seating. Mr. Pe~ers
stated that the traffic on ~ayhill and Mills Road had not been
checked. He felt that if the petition~ere approved it should be
stipulated that Cha,pion or the City orb°th should be responsible
for the drainsgo or other problems.
Mr. Steve Logsn spoke in opposition stating that he had been a
resident of Denton for $$ years and hsd recently bought a hose on
Mills Road ·nd had never seen a mobile hose park appreciate property
values.
Mr. Kenneth Stout spoke in opposition stating that he had lived in
the area for 25 years and had not seen the Cityin this area to
repair street. This would sdd to the probless which existed and he
felt thst nothing would be done to correct ~hes.
Dr. Daniel Bailey spoke in opposition stating that low cost housing
would impact the sedical co~unity. Persons who were attracted to
this type of low cost housing could not always afford to pay their
medical bills would would put ·n additional losd on the taxpayers.
Mr. £elsey spoke in rebuttal stating the technical aspects of the
petition~ such ·s traffic and drain·la, had been studied by
engineers. The develop·eat would be well within the density called
for in the Denton Development Guide. On the issue of City services,
Chaspion Homes did not petition to be annexed and would hold to the
City to the plan of services t~hich accospanied the annexation.
4~Y Council Minutes
Page Bighteen
Mr. lelsey also stated that Mr. Peters and Mr. Logan had purchased
hoses near existing mobile hone parks of lower quality than this
proposed development. The Council would need to look at the highest
and best use of the land.
The Mayor closed the public hearing.
David Bllison, Development Review Planner, reported that most of
lelsey~s remarks were true; however, the Staff had apprised Champion
Hoses that a specific use permit would be required. Bllison also
stated that this petition had been a m~s and was indicative of
problems with developments in the extra territorial Jurisdiction.
The Champion project would have the best street system of any mobile
hose park in the City. The drainage problems would be the same with
a single family development. If the project was completed, there
would be an over-capacity situation on ~ast Mclinney, This wes a
state highway and could be widened to 4 lanes. If the area
developed at all problems would exist with traffic and drainage.
Pences, distance between homes, etc. would have to meet minimu~
standards. ~llison reported that the action of the Council on this
petition would be a message to future mobile home developers. The
Planning and Zoning Commission had recommended approval by a vote of
4 to 2 with I conditions.
Mayor Pro Tem Riddlesperger asked if the plans for the development
met the standards in the proposed mobile home ordinance.
lllison replied that they met end exceeded the requirements in some
instances. Champion had been requested to comform to the ordinance
which was in effect at the time of their construction.
Mayor Pro Tom Riddlesperger then asked if the development would met
the standards in the new ordinance.
Bllison replied it would meet the standard of the old and new
ordinance.
Council Member Stephens asked how the development could meet the
requirements when the new ordinance was in draft form and that
Champion might not meet the requirements of the final ordinance.
Chew motion, Riddlesperger to table the petition for a specific use
permit until the new mobile home ordinance was approved. Motion
carried 6 to 1 with Mayor Stewart casting the nay vote.
6.r The Council considered approval of the request of Mr. Paul
Be ry to begin disannexation proceedings on approximately 4.39 acres
of land located along the east side of Highway I77 lust north of
Brush Creek Road.
Hopkins motion, Stephens second to remove this item from the table.
Motion carried unanimously.
Charlie Watkins, Senior Planner, reported that this item was before
the Council in January. Mr. Berry had requested to be disannexed
from the Cit~ as he was not receiving any City services and his land
was used agriculturally.
The following ordinance was presented:
AN ORDINANCB S~TTIHG A DAT~, TINN AND PLAC~ POR PUBLIC
HHARINGS CONCBItNING A PROPOSBD DISANNIXATION
APPROXIMATRL¥ 4.39 ACRBS OP LAND LOCATND ON THB MAST SIDB
OP HIGHWAY I77 NORTH OP BRUSH CRB~ ROAD.
Hopkinl motion, Barton second to deny disannexation. Motion carried
unanimously.
City Council Minutes
~eeting o~ November IS, 1983
Page Nineteen
7. lelolution·
The Council considered approval of · resolution in support
of a gra~t application to the Texas Parks and Wildlife Department.
Assistant City 14anafer McZean stated that a Crust fund had been
establish~d for McKenna Park. ~is resolution would be included ~n
a Eran~ application to the Texas Parks and Wildlife Department
secure uaCchi~
~e roll.imf resolu~ion was presented:
i s o u
A R~SOLUTION OF ~B CI~ C~C~L OF TH~ CITY OF D~TON D~SI~ATING
C~RT~ CI~ O~ICI~S ~ ~ING RBSPONSIBL~ FOR, ACTING ~OR, ~D O~
B~L~ OF ~B CI~ OF D~TON I~ DEALING ~ITH ~ TEXAS P~ES ~D
~ILDLI~B D[P~NT FOR ~ ~FOS~ OF P~TICIPATIN~ IN ~E ~D ~
~AT~ CO~S~VATION F~D A~ O~ 196S; C~TI~YIN6 ~T ~ CITY
DENTON IS ~LI6IBL~ TO RSCEI~ ASSIST~CS UND~ SUCH PRO~.
~R~, the ~i~ed S~a~es Congress has passed ~he Land and
~ater Censervattuon Pund ~t of 196S (Public Law 88=S78)
au~horizin[ the Secretary of ~he ~nterior to provide financial
assistance t~ states, and political subdivisions thereof, ~or
outdoor recreation pu~oses~ and
~, the Texas Le[isl~ture has adop~ed Article
V.A.C.S.,. ~or ~he purpose of allo~ing the State of Texas, and its
poli~ical nubdivi$lens, te par~icipa~e in the Peder~l pro,ran
establish~ ~der said ~blic La~ $8-578, or such other prograns
are herel~fter es~ablished by the Pederal Gover~enc; and
~R~, the City o~ ~n~on Is ~ully eligible ~o receive
assistance under this Pregran; and
~, the City Ceuncil of the City o~ Denton ts desirous
of au~horisin[ its ndninistra~ive staff to represen~ and act ~or ~he
city in deali~ with Texas ~ark$ and ~ildli~e Departnen~ concerning
this Pro[r~;
BE IT ~SOL~D BY ~ CITY COUNCIL OP THB CITY OF D~TON,
~XAS:
Section 1: ~at ~he Ct2y Council o~ ~he City o~ Denton
hereby cer~ifies ~ha~ the City of Dea~on is eligible to receive
assis~ance ~der ~blic [[-~78; as au~eented by Article
V,A.C.S.
Section ~: ~a~ the City Council hereby authorizes and
directs its Ci~ M~a~er to represent and ac~ ~or ~he City of ~nton
in dealing with the Tex~s Parks and ~ildltfe Departnen~ for the
pu~ose o~ this Program. The City Manager is hereby officially
desisnated as the City's representative in ~his regard.
.Section 3: ~e City Council hereby desi~n~ted i~s Director
of ~inance a~ the official authorized ~o serve as the City's ~iscal
o~icer ~o receive Pederal funds for purposes of this Pro,ran.
Sectio~ 4: ~e City Council hereby specif~cally authorizes
the City of~icials herein de~i~nated ~o sake application ~o the
Texas Parks and Wildlife Department concernin[ ~he tract of land
~o~ as Mc[e~na Park in the City of Denton.
4~y Council Minutes
Meeting of November l~, 1983
Page Twenty
INTRODUCED, READ AND PASSED by the affirmation vote of tho
City Council of the City of Denton, on this lSth day of November,
1903.
CITY ON D~NTON, TEXAS
ATTEST:
C~L~RLOTTN ALLHN, CITY SECRh*TARY
D~NTON, T~XAS
APl~OV~D A~ TO FOIL~:
C. J. TAYLOR, JR., CITY ATTORNEY
Riddlesperger motion, Chew second that the resolution be passed. On
roll call vote Barton "aye*', Hopkins **aye'*, Stephens *'aye", Al£ord
*'aye*', Riddlesperger "aye'*, Chew "aye*', and Mayor Stewart "aye".
Motion carried unanimously.
8. The Council held a discussion on an amendment to the
General Telephone franchise ordinance.
Assistant City Manager Rick Svehla reported that General Telephone
had requested the section of the franchise ordinance concernins the
liability of the phone company to pay for any rate studies be
deleted. Currently all rate increase requests were studied by the
Public Utility Commission. There was discussion in the legislature
about abandoning the PUC and the City Attorney had added this
section to cover the cost of future rate studies.
Mayor Stewart asked Ms. Joann Dean of GTE what the advantage would
be to the City.
Ms. Dean s~ated that GTE has asked for the section to be deletsd
because the PUC and the staff conducted the study, as did the Texas
Municipal League. This s~udy was provided to the City and there
wouldbe no need for an additional study.
Council Member Hopkins asked what would happen if the PUC was
dissolved.
Ms. Dean replied there would be choas but she did not believe this
would happen.
Council Member Stephens asked ~asn't GTE required to pay a portion
of the rate stud7.
City Attorney Taylor stated that state lay required this. Taylor
recommended that the section remain in the franchise ordinance so
that at some future date the legislation eliminated the provision
that the phone company pay for rate studies, we would have that
issue addressed.
Ms. Dean asked ~hat the ordinance bo worded such that if the PUC was
abolished and there were no funds, the telephone company would work
with the City of the charges which would be incurred for a rate
study,
Council Member Barton stated he believed the ordinance should be
left as it was.
Council Member Hopkins stated that the Council did not know the
effect of this and they should know.
City Council Minutes {?1
Meeting of November la, lg85
Pa~e Twenty-One
Hopkins notion, Barton second to table for further study. Motion
passed unanimously.
9. The CotinciI considered approval of an agreement with the
Town of Little Ill for the holdinf of animals at the City of Denton
Anissl Control Center.
Senior Administrative Assistant Bill Angels reported this agreement
would a11o~ for the reimbursement to Denton of costs associated with
the holdinf of anilals frei Little ~ln.
Hopkins series, Chew second to approve the agreement. Motion
carried unininously.
10. Item 10~ to consider approval of extending water and sewer
services outside tho City limits to R. O. McDonald, was withdrawn
from the afonda st the request of Bob Nelson, Director of Utilities.
11. The Council considered approval of an extension For the
option sfroenent with Pti Contractors, Inc., for the diesel plant
sale.
Bob Nelson, Director of U~ili~ies~ reported ~h~t Pin Contractors,
Inc. were the brokers would wore workinf wi~h Proc~or and G~sble
~he silo of tho diesel plant. P~B would ply tn addi~ionfl $100,000
to ex,end the option ~freeBen~ to ~he end o~ ~he year.
S~ephens lotion~ Hopkins second to ~ppro~e ~he ex~ension. Mo~ion
carried unanimously.
12. Ito~ 1l, ~o consider approve1 o~ p~rticipltion
oversize waterline (1l') for Chaspion Mobile Hone Park
Mclinney Street near hyhlll Ro~d), wis wi~hdr~ ~roB ~he afenda at
the request of Bob Nelson, Director of Utilities.
II. ~e Co~ncil considered ~pprov~l o~ participation in an
oyersize v~terline (10') ~o service Den~on CounW Electric
Coopers~ive, Inc. on Loop 288 ~nd ~ssocia~ed pro ra~ sfreemen~.
Bob Nelson~ Dtre,c~or of U~ilities, reported that ~he Public Utilit7
Boird race,ended ~pprov~l of ~his par~icipe~ion. ~e cost ~o the
City would bo $70,000.
hyor S~ewart asked If the w~ter line h~d been ch~n~ed to 24'.
Nelson responded yes.
Stephens ~o~ioa, ~ew second to ~pprove the p~r~icipation. Me,ion
c=rried unsninousl~.
14. The Council held a discussion on ~he impact of srow~h on
Denton*s Wlstew~tor Tre~tlent Pl~n~ capaci~y.
Bob ~elson, Director of Utilities, reported th~ 7 to 7 1/2 million
lallons o~ weltew~er were beinf produced a~ the w~s~ewater
Crea~men~ plant. ~e pllnt could seryice · popula~ion o~ up to
90,000 ~ich ~he Cl~y of Denton should reich in ~he li~e 19gO*s.
~yor Stewart ~hen asked if the plmnl csptcity would be adequite
until the late 1990~s.
~elson responded yes, unless ~alor industries moved ~o Denton.
~tyor Stewart liked ~hit effect the service ~o the ex~r~-territorial
~urisdiction h~d on ~he c~p~city.
Nelson replied it reduced the clpacity ,vailable ~or the Cit~ by the
n~ber of persons In ~he exlra-territori~l ~urisdic~ion ~hat ~ied on.
472
City Council Minutes
Meeting of November iS, 1983
Pa~e T~enty-Two
Council Member Hopkins stated that the City would reach a time when
it could not afford to builda e? plant.. Hopkins asked how would
the City deal with people in none extra territorial Jurisdic~ion
which have to be served.
Nelson responded the City mi~ht have to fo to an i~act fee which
was charged
tie onatdthe time the customer in the extra-territorial
lurisdiction
to the system.
Council Member Hopkins stated that the rate payers were payin8 a
significant amount for water and sewerage and it vas becoming
increas/nfly more difficult to cope with new people who yore bean!
annexed or served by the City.
IS. The Council considered authorizing the City Manager to
enter into in agreement with Arthur ~.ndersen to develop a fixed
asset inventory system.
City Manafer Hartung reported that there had been a concern by
previous auditors and the present auditors about the lack of a fixed
asset inventory for the City. Authorizing the alreement would begin
Phase I of this major project. The cost for Phase I would be $6,000.
Chew motion, Barton second to approve tho agreement. Motion carried
unanimously.
16. Official Action on Executive Session Items:
A. Legal Matters
Barton motion, ~l~ew second not to renew the airport management
contrict with TA~S. Motion carried unanimously.
17. No items of New Business were requested by the Council
Members.
18. The Council moved to the emergency afenda to consider
approvalof a resolution srantinf approval for the Dan~on County
Housing Finance Corporation to provide financial assistance with
respect to purchesins, improvins, and constructinf homes located
within the corporate limits of the City of Denton.
The following resolution was presented:
RHSOL TION
A RHSOLUTION BY TH~ CITY COUNCIL OP THH CITY OF D~TOH, TIBIAS,
RBLATING TO THE D~TON COUNTY HOUSING FIN~C~ ~OR~TION; ~PROVI~G
~ ~X~2ISE OF THE POWERS OF ~AT ~ORPO~TION ~I~I~ ~ ~0~O~
LIMITS OF T~E ~ITY OF D~ON, ~XAS; ~D PROVIDING ~ ~PP~CTI~ DAT~.
~ItEREAS, the Denton County Housing Finance Corporation, a
non-profit corporation created under and pursuant to the "Texas
Housing Finance Corporations Act," has been organized with the
approval and consent of Denton County, Texas, to provide a means of
financing the costs of residential ownership and development that
will provide decent, safe and sanitary housing for the residents of
Denton, County, Texas, at affordable prices; and
NHEP.~AS, the said Corporation plans to provide financial
assistance with respect to the purchase, improvement and
construc~ion o~ homes located within the City of De~ton, Texas, if
approval thereof required by the aforesaid act is given by the City
Council; and
473
City Council MllL~lteS
Meeting o£ November 15, 1985
Page Twenty-Three
MIi~It~A~, the City Council hereby finds and deter~ines that
it would bn in the bast interest of the City and its inhabitants for
said Corporation to provide ~inancinl assistance with respect to
hones located within the corporate limits et the City; now,
therefore,
BI IT IESOLVED BY THI{ CITY COUNCIL OP THE CITY OP D~NTON,
S~CTION I.
That approval is hereby given and granted to the Denton
County Housing Pinance Corporation to provide financial assistance
with respect to purchasinS, improving, and constructing homes
located within the corporation limits o~ the City o~ Denton, Texas.
SECTIO. II.
Nothing herein shall be construed to be s waiver of any
building code requirements or standards prescribed for hoses located
within the City in connection with the approval herein granted to
said Corporation.
IECTIO ,Ill.
This resolution shall be effective from and after its
passage, and it is so resolved.
PASSED AND APPROVED this the lSth day of November, 19{$.
RICHAI[D O. STh~ART, MAYOR
--- ATTBST:
CHARLOTTB ALLI{N, CITY
CITY OF D{rNTOM, TEXAS ·
APPROVED A~ TO LEGAL POEM:
C. J. TAYLOR, Jif., CITY ATTOJtN~Y
CITY OP DENTON, TBXAS
BY:
Stephens notion, Chew second thaC the resolution be passed. On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesporler "aye", Chew "aye", and Mayor Stewart "aye". Motion
carried unanimously.
#ith no further business, the
CHARLOTT5 ILL,t~I,'"CITI 5IC,~.HTAR!
I165C
474
CITY C00~CI6 I~I~U'I~S
NovemUe~ 22, 1983
Tha Council conveusd into an £xecutive Sassion at 5530 p.m. in rue
City Hanageu's ConfeCeuce ~loom to discuss la{al
estate, personnel aaa ooa~a appointments. No official actium was
P~.ES~T: 14ayo~ Stawazt, ~yo~ P~o Tem li~dlem~e~Be~, Coauctl
~e=s Alio=d, Ba=~ou, ~ew, and Ste~enm
~e~ Hopkins was aUment due to a i~ily{
~S~T:
Council
~{eucy
The Council tUeu convene~ into the m~ecial caZled memCia{ at 7:00
~.m. in the Council Chambers.
P~SgNT: ~yo~ Stewart, ~ayo~ P~o T~ Xiddlempe~e~, Council
~mbe~s AA~o~a, 8azCou, Chew, and
City ~ua~e~, City Attorney and City
ASSET: Couuc[i ~mbe~ Hopkins was absent due co a t~ily
e~seucy
I. Tam Council couaxae~ea approval ut au o~uinauce
annexation p~oceediu~m on a t~act of land conmimtinS
apptoxt~tely ~UL~.~ acres ~ocaCeO moots o~ ~iBn~ay 380 aaa west o~
I-3). Z-L6lO
ComtLie Wac~iaa, Senio: PLannec, :epotCeO C~aC cate uae Cbc ~itmC
teadtn~ o[ c~e annexation ordinance. TOe pu~lxc
alteaoy ueeu ne~a.
Stephens motion, C~ew aecou~ to a~ova cae ii,ac ~eadiu8 ut t~e
ozdiaauce. ~tion ca~ied 5 to 1 with ~uucil ~ Sa=ton caatiu{
the may vote.
2. Tue Council conetde~eO a~oval of au o=~iuauce
annexation p~oceediu8~ on a ~.~ ac~e t=act of lau~ locate~ west
2-35~ ae~vice ~oad auO souC~ o~ tam existing City limit line. Z-16iI
C~ew motion, Stephens second to a~ove t~e fizst
ozdiuauce. ~otiou ca~ie~ unanimously.
3. T~e Council couaioe~eC approval oi au o~dinauce luatitutiu{
annexation p~oceeOin8m on ap~oxi~tely 357 ac~ea ut laud loeate~
~tweeu 1-35W and tam Santa Fe ~ail~oa~. Z-I~12
Cua~lie ~at~ius, Seuio~ Planue~, ~e~te~ that the Couucxl bad
=equemteO a ~iacuaaioa on ad3uatmeata iu ~ae annexation boundaries.
Alternate bounOa~iea ~oulO Ua u~ou{Ut to toe Council ua Decembew
1983.
~a~tou motion, Chew aecou~ to approve Cae ~tust ~ea4iu8 o~ t~e
o~Oluance. Hociou ca~ied unanimously.
4. Tam Council considered approval o~ au o~iuauce tuatitutiu~
annexation p~oceeolu{e ua app=oxima~aly 1125 ac~es ut lau~ locate~
om ~ota sides o~ ~ayaiil Road uo~t~ ut 1-35. Z-lbl3
~yo~ e=o Tem &idalaspet~et aske~ i~ the Sta~ was wo~ktuS on plum
foc acmes Co be ~eieCed Zcom c~ia annexation,
C~a~lte ~mtkin~, Senior ~[anner, cempon~ed ye~.
Council ~ber A~ior~ as~ea it tnie ~ould alan ~e preaeuCe~ to the
Council on December b.
~aC~iaa replieO yea.
~eeCic$ of NovemOer ~2, $983
~age T~o
c~e ora~nauca, t~oC~on carr~o~ 5 co ~ ~ich ~ounci~ ~l~mber Barton
caeini cae cay vote.
official action ~aa Ca,ea.
~Z72C
CITY COUNCIL MINUTES
December 6, 1983
The Council convened into the work session in the Civil Defense room.
PRBS~NT: Mayor Stewart; Mayor Pro Tem Riddlesperger; Council
Members Chew, Hopkins, and Stephens
City Manager, City Attorney, and City Secretary
ABSI~T: Council Member Alford
Council Member Barton
1. The Council was to receive a status report on the east wing
renovation project in the Municipal Building. This item was
postponed until December 15, 19g$.
2. The Council considered utility revenue bond requirements.
Bob Nelson, Director of Utilities, reported that the utility bond
refunding had closed most of the available funds. Something needed
to be done about a bond election. Nelson then stated that the
amount of bond funds which was available at the present time
totalled approximately $3.2 million. According to the Capital
Improvements Program from last spring, the total fund requirements
would be approximately $5 million. Additional funds would need to
be obtained or projects would need to be reduced or delayed. The
staff had looked at the Capital Improvements Program to see If the
requirements and needs still held true. The recommended changes in
priorities and adding the additional project, such aa oversizing
lines end interceptor lines, in the next 5 years would add · few
million dollars. Capital Improvement Projects in 1994 showed a need
for $2.4 million and $3.7 million in water and wastewater which
would require a $2.5 million bond sale. Alternative actions were to
hold a $23 million Bond election in March of lg84, to have a $1
million bond sale now and another in February o£ 1984, or not to
hold an election or sell bonds and reduce or delay Capital
Improvements Projects. If the Council were to decide to hold the $1
million bond sale now the staff would go through the Capital
Improvements Projects plan with the Public Utility Board and would
consider a bond election in June of 1984 of $22 to $25 million.
Also by state statute, revenue bonds could be authorized by the City
Council. Bonds totaling over $1 million must be submitted to the
electorate for a non-binding vote.
Without the increase in funds the following projects would have to
be delayed:
sludge retaining basin
24 inch water line to Loop 288 and to Highway 380
i 22,000 of miscellaneous water lines
6~,000 o~ miscellaneous sewer lines
$50,000 o£ new interceptor sewer lines
~200,000 for an effluent storage tank
$ 70,000 of improvements to the Service Center
This would amount to approximately $1.6 million in delayed or
postponed projects. The effect of a $1 million bond sale would be
approximately 22g per 1000 ~W hour on the electric rate, 4.3~ per
1000 gallons on the water rate, and 43~ per month to the average
wastewater consumer.
Mayor Stewart stated that new apartments were creating problems by
overloadin~ the utility system as they were not required to receive
Council approval.
Nelson responded that off site trunk lines and interceptor lines
were included in the rate structure. Staff had questioned whether
or not an additional charge should be made.
Mayor Stewart stated that if a development seriously impacted the
City's existing systems, the developer should pay the cost.
City of Denton City Council Minutes 477
Heeting of December 6, 1983
Page Two
Bob Nelson, Director of Utilities, responded that other cities
imposed an "impact" fee.
Mayor Stewart stated that this was how some cities had handled
Capital Improvements and the old taxpayers paid their portion of the
project costs through rates.
City Manager Chris Hartung stated that impact fees had been
discussed during the fee study. This type of charge would be
several times larger.
Council Member Hopkins stated that the impact fee would stop
production.
Hartung responded that you would have to look at the plan for an
area for 10 to 1S years into the future to see exactly what tbs
impact would be.
Mayor Stewart stated that the City had been oversizing to avoid this.
Nelson stated that the areas which needed retrofitting had water and
sewer lines which were installed in tbs lg60's.
Assistant City Manager Svehla stated that zoning must be
considered. If an area were zoned commercial and apartments were
built, larger lines would Be required.
Mayor Stewart stated that if development plane changed, the
developers should pay the cost cf the impact.
Nelson stated that this was a policy question which the staff had
been considering.
Council Member Hopkins asked if funds were budgeted to handle the
oversizing if there was no bond sale.
Nelson replied most of the Capital Improvement Projects would have
to be shut dow~.
Council Member Hopkins stated that budget funds should be expended.
City Manager Hartung stated that to provide the services, the City
would have to pay now or later.
Riddlesperger motion, Chew second to proceed with a $1 million bond
proposal at the December Z0 meeting, Motion carried unanimously.
Z. The Council held a discussion of annexation boundary
adjustments for the Mayhi11 and South Bonnie Brae areas. (Z-1612
and Z-1515)
Charlie Watkins, Senior Planner, began the discussion by presentini
several alternatives parcels which could be deleted from the Mayhill
annexation.
The consensus o£ the Council was to leave the parcel intact and
portions could be deleted at the time of the final annexation action.
Watkins then presented alternatives for the South Bonnie Brae
annexation.
Council Member Stephens asked about the Solar Nay addition.
Watkins responded that he had spoken with Mr. Rogers, the developer,
and with City Attorney C. J. Taylor. The first phase of Solar Way
was fully developedand phase II would be annexed as a
non-conforming land use. Mr, Rogers would be allowed to finish his
development.
4q~ity of Denton City Council Minutes
'~eeting of December 6, 1983
Page Three
Council Member Stephens asked if Mr. Rogers understood this.
Watkins responded yes and that Mr. Rogers could also begin another
phase of the development under the new subdivision rules and
regulations using the estates classification.
City Attorney Taylor stated that Solar Way was already platted and
any additions would have to be developed under the subdivision rules,
and regulations.
Assistant City Manager Svebla stated that Mr. Rogers could either
develop the next phase of Solar Way under the existing single family
zoning regulations or the estates classification.
The Council then convened into the regular meeting at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Stewart; Mayor Pro Tam Riddlesperger; Council
Members Chew, Hopkins, and Stephens
City Manager, City Attorney, and City Secretary
ABSBNT: Council Member Alford
Council Member Barton
1. The Council considered approval of the Minutes of the
regular meeting of November 1, 1985.
Riddlesperger motion, Chew second to approve the Minutes as
presented. Motion carried unanimously.
i. Consent Agenda
Council Member Stephens asked that item 2.B.3, the approval of the
preliminary plat of Southr~dge Villate Shopping Center, be removed
from the consent agenda. Item 2.A.$, Bid #9209 for Ridgeway Drive
paving end drainage, was withdrawn by staff.
Riddlesperger motion, Chew second to approve the Consent Agenda with
the exception of Items 2.B.3 and 2.A.$. Motion carried unanimously.
Council Member Stephens stated that be had some concerns relarding
the preliminary plat of Southridle Shopping Center and asked if the
map of the zoning of the area in the agenda back-up material was as
agreed upon in 1980. Stephens reported that he had heard of plans
to change the zoning on the west side of the proposed Ridgeway Drive
to other than single family. Stephens stated that he wanted to
assure that those chanles did not automatically occur on the map
without due process. Council Member Stephens also stated that he
~anted to be certain that the map reflected the 1980 zoning.
City Manaser Hartung responded that zoning could not be changed by
plat approval.
Council Member Stephens then stated that the answer was that the
approved in 1980
agenda material conformed with the original map ~:d omen made since
and that no changes relardin8 residential areas
that time.
Riddlesperger motion, Hopkins second to approval Item 2.B.$. Motion
carried unanimously.
Mayor Stewart stated that he felt there existed single family,
multi-family, and duplex housing in the Montecito area which were
located on property which was zoned commercial and stated that he
would like a report from staff.
City of Denton City Council ~inutes
~eeting of December 6, 1955
Page Four
Consent Agenda:
A. Bids and Purchase Orders:
1. Bid #9206 - ~treetlights
2. Bid #920? Word processing unit and terminal
controller.
~. Bid #9210 Tree trimming
4'
Bid #9211 - Water treatment chemicals
5. Purchase Order #60419 to Oickerson Construction
Company for $3,750.00
6. Purchase Order #60760 to EMCO in excess of
$~,000.00
7. Purchase Order #60916 to Smith Pump Company in
excess o~ $,000.00
8. Purchase Order #60957 to Pedus Building Service,
contract change order
9. Purchase Order #60988 to Graco Construction,
contract change order
B. Plats and Replats:
1. Approval of the preliminary plat of East Mclinney
Street Industrial Park.
2. Approval of the preliminary plat of Sheraton
North Texas Addition.
Approval of the preliminary plat of Southridge
Village Shopping Center Addition.
4. Approval of the preliminary plat (lot of record)
of The Nest Addition.
S. Approval of the final replat of lot 1, Adkisson
Addition.
6. Approval of the preliminary plat of the Cushman
Addition.
7. Approval of the preliminary plat of Oak Ridge
Estates Addition.
8. Approval of the preliminary plat of Royal ~eadows
Addition.
9. Approval of the prelimninary plat of Village
Office Park and ~ini Storage Addition.
10. Approval of the preliminary plat (lot of record)
o{ the Stoneleigh Addition.
11. Approval of the ~inal replat of lots 6 and 7,
block 4, College Addition.
C. Quit Claims:
1. Consider quitclaim of approximately .0454 acre of
excess right-of-way located along the west side
of Tessley Lane and north of Londonderry Lane
(Q-6Z).
2. Consider quitcl&im of a portion of right-of-way
of Ruth Street located between Cook Street and
Industrial Street (Q-63).
$. The Council considered approval of the final replat of lots
19 and 20, P.~. Darnel1 Addition.
David Bllison, Development Review Planner, reported that this was a
0.578 acre parcel located in a multi-family zone on the southeast
corner o{ Avenue D and Basle Drive. Staff had requested ~hat
additional right-of-way be dedicated in conjunction with this replat
for Eagle Drive. Staff had initially indicated that Eagle Drive was
amajor arterial which would ultimately require 100 feet
right-of-way. Research o{ the regulations had determined that a
dedication of 60 to 80 feet of right-of-way was required. The City
presently had 60 feet. The practice of staff was to try to obtain
maximum right-of-way dedication to avoid possible future cost to the
~it¥ of Denton City Council Minutes
~eetin. g of December 6, 1983
Page Five
City for future roadway improvements or widening. Although there {
petitionerswere no imeediatewere opposedPlansot
for improvement to Bagle Drive, the
the
right-of-way dedication requirement
and had sought legal counsel. The la~m/er representing the
petitioners had notified staff that his clients felt that the
additional right-of-way dedication constituted an illegal taking of
property. The Planning and Zoning Com~ission recommended that 10
feet of right-of-way be obtained in conjunction with the approval of
the replat. Upon learning that the amount of additional dedication
was 10 feet, the legal counsel had indicated that the petitioners
would be agreeable. Bllison concluded by stating that neither the
petitioners nor their attorney was present and it was assumed,that
the 10 feet dedication was acceptable.
Hopkins motion, Chew second to approve the final replat with the
additional 10 feet of right-of-way dedication. Motion carried
unanimously.
4. The Council received a report from the TMPA Board of
Directors representatives,
Dr. Roland Vela stated that he had 2 items to report and would then
make himself available for any questions which the Council might
have. The machine that TMPA had constructed was operating somewhat
better than had been expected. It had been brought to full capacity
and operated suitably at that point. A routine shutdown of the
eachine was due in October due to some parts which did not work
properly. As the parts did not effect the operation of the"
generator, it had been decided to postpone the shutdown until
uanuary or February so as to have only one shutdown instead of two.
All of the parts which were not operating properly would be replaced
at no cost by the supplier.
Things were not going as well at Comanche Peak as they were at
Gibbons Creek. The loading of the radioactive elements would be
postponed for six months to a year. Electrical generation would not
start until late 198S or 1986 as opposed to 1984 as was expected.
Mayor Pro Tam Riddlesperger asked if TMPA was selling part of its
load to other than the four cities.
Vela responded yes, when needed.
Council Member Hopkins asked if TMPA was able to sell all of the
surplus.
Vela responded yes. Denton was in the economic dispatch network
which meant that cities were provided the lowest cost electricity
possible which was most often the TMPA electricity. At those times
when the electricity was not required by the cities, it was sold.
Mayor Stewart reported that TMPA was not selling all that could be
produced but what was produced was being sold.
Council Member Hopkins asked how much was the plant producing.
Vela responded the plant was running at approximately 80% capacity,
Council Member Stephens asked what was the nature of the problems
that were being experienced.
Vela responded there were some parts in the main boiler were wearing
out faster than they should. The parts were under warranty and the
work would be done by the supplier. A shutdown had been scheduled
for an inspection in October prior to running the system for the
next year but due to delays in making the repairs, the shutdowns had
been combined and postponed until January or ~ebruary.
City of Denton City'Council Minutes
Meeting of December 6~ 1963
Vela also reported that he felt very good about the General Manager
which was now at TMPA. Vela read from a report which stated that as
a result of trades which had been made, the agency was able to pick
up $~84~000. Due to some unallocated funds and some bonds which
could be bought early, the agency realized $$54,000.
Mayor Stewart reported that by refinancing some of the bonds, the
monthly income had been increased by approximately $26,000 per month.
Vela reported that instead of the situation which existed 3 or 4
year ago, TMPA was now generating wealth for the cities.
Mayor Pro Tam Riddlesperger stated that it was appropriate to brag.
Denton,a homeo~rner rates were less than TP~L, the commercial rates
were competitive, and no huge increases in rates were anticipated.
Vela stated that he had spoked with Bob Nelson, Director of
Utilities, regarding the TMPA negative fuel adjustment charge. This
savings was due to a very favorable gas contract. Vela stated that
he felt the competition the agency had given Lone Star Gas was
instrumental in the negotiation of this favorable contract.
S. Public Hearings
A. The Council held a public hearing concerning the
proposed annexation of approximately 175 acres of land beginning at
the existing city limit on the north side of Highway ~80 east. Z-1621
The Mayor opened the public hearing.
Charlie Watkins, Senior Planner, spoke in favor reporting that the
area began at the existing city limit line along the north side of
Highway ~gO near the Little Bln River area. The parcel then went
north for 2 miles and then west for approximately I mile. This
particular anmexation would give the city the capability of
instituting additional annexations northward in the fulure. The
annexation would also have the effect of establishini the City's 2
mile extra-territorial Jurisdiction further north and would more
clearly define the ultimate boundaries of the City.
No one spoke in opposition.
The Mayor closed the public hearing.
Hopkins nation, Chew second to proceed. Motion carried unanimously.
B, The Council held a public hearing concerning declaring
an Bltgible Blighted Area.
The Mayor opened the public hearing.
Mr. Ed Toles, attorney representing the applicant, stated that
re~o~i?n .had_ been provided to the Council regarding th~
escaoAlsnment o~ an eligible blighted area bounded by Kendol h~
Eagle, Avenue C and Wilshire Streets. This area would ena~l
applicants to obtain industrial d .... · ...... - - - ·
projects and would revitalize this area. cial
Mayor Stewart asked what type of project this would be.
Mr. John Lo~ry, Senior Vice-President of Marketing and Research
Counselors, stated the proJ would create 200 to 400 Jobs in
[ect
telephone intervie~ing or telemarketing.
Mayor Pro Tea Riddlesperger asked Mr. Lowry if his company would
build a new facility.
49oCitF of Denton City Council Minutes
O~Meeting of December 6, 1985
Page Seven
Mr. Lowry responded that his company would buy an existing building
and convert it to suit their needs.
Council Member Hopkins asked if the looks of the building would be
enhanced.
Mr. Lowry replied yes; the exterior would be refurbished to be more
attractive and professional. The company anticipated expending,
$$50,000 in improvements to the interior.
No one spoke in opposition.
The Mayor closed the public hearing.
Charlie Watkins, Senior Planner, reported that staf~ had looked at
the census tract in which this building was located. In terns of
median income, the tract was the fourth from the bottom in Denton.
The area had been sandwiched between North Texas State University
and Interstate 35. Retail activity in the area had declined and the
area did meet the requirements for declaration as an eligible
blighted area.
Hopkins motion, Stephens second to declare the area an eligible
blighted area. Motion carried unanimously.
6. Ordinances
A. The Council considered adoption of an ordinance
establishing the need and necessity for Ridgeway Drive and for
establishing a public hearing for assessed property owners.
Assistant City Manager Rick Svehla reported that the ordinance was
the first step in the assessing procedure for Ridgeway Drive. This
ordinance would set a date and tine for an assessing hearing. The
pay back period had been revised from 3 to 5 years. The
Certificates of Obligation would be structured such that interest
payments would be made each year with a balloon payment at the end
of five years. The assessment would be made to coincide with the
retirement of the Certificates of Obligation.
Mayor Stewart stated that he understood there were people present
who wished to speak regarding this ordinance. Stewart stated that
this was not a public hearing; however, the Council had agreed to
allow one person to speak in favor and o~e in opposition.
Dr. Roland Vela stated that he did not oppose to the building of the
road, but rather to the planning. Dr. Vela also stated that he had
read that the designation of the Farm Road to Teatsey Lane was to be
changed and moved to the proposed Ridgewa¥ Drive. Vela stated that
he believed this would be a serious and costly error. Dr. Vela
referred to a planning document which listed the projects which the
State Department of Highways was considering. One of these was the
widening of Teasley Lane to a 4 lane. Dr. Vela stated that many
felt this widening should be the first step in the process. The
problem was that Teasley Lane was narrow and handled the traffic
from the tremendous amount of building ~/t apartments, conu~ercial
structures, and houses in the area. The y had been effective in
requesting the widening and the Highway Department had looked upon
it ~avorably as the project was approximately one-halfway up the
list. A budget of $5.6 million had been given to the project and
Dr. Vela stated that he felt this was a first priority project. He
felt that the City would lose the Teasley project if a change was
made from the Farm Road designation to Ridgeway Drive in order to
get funding from the Highway Department. The Teasley project also
would include the widening of the underpass at Interstate 35 which
previously had been thought to be prohibitively expensive. Dr. Vela
asked the Council to not change the designation of Teaaley Lane from
a Farm Road as it might endanger the priority standing and asked the
City of Denton City Council Minutes 483
Meeting of December 6, 1983
Page Bight
Council to pursue the widening of Teasley Lane. The opening of
Ridgeway Drive was very desirable, but should be done in the proper
sequence. The Denton Development Guide of 1981 called for the
widening of Teasley Lane, the building of Ridgeway Drive to connect
with Teasley and also to keep commercial development east of
Ridgeway.
Council Member Chew asked if there was a time designated on when the
funds for the widening of Teasley Lane might be appropriated.
Mayor Stewart stated that a public hearing would be held in the
future for other persons who might wish to speak.
Vela responded that these were current funds appropriated in 1985.
No one spoke in favor.
Council Member Stephens asked if there was any way the ordinance
could reflect the intent of the City Council to have retain the
current residential development along theright-of-way and not to
allow the spread of non-relidential zoning where it does not now
exist.
Mayor Stewart stated that most Council Members were in favor of the
present residential restrictions along this road and to not extend
anymore commercial zoning.
Mayor Pro Tee Riddlesperger stated that he would like to see the
State Highway Department widen Teasley and then the Council could
designate Rideway.
Council Member Chew stated that what Dr. Vela was saying was that if
Council designated Rtdgeway Drive as a state highway, there was a
possibility that the priorities might be changed. Construction of
Ridgeway Drive could proceed but not designate it as a state road.
City Manager Chris Hartung stated that he had held numerous
discussion with the Texas Department of Highways and Public
Transportations concerning Teasley and other projects in Denton.
There were more projects on the lists than there were funds. The
original proposal for redesignation was generated by conversations
with the Regional Office stating that funds were not available to
widen the underpass on Teasley. If this had changed, the staff
certainly would not reco~unend that the designation of Farm Road 2181
be moved from its present location. The City would not turn do~n
$5.6 million of construction. The ordinance before the Council was
not for redesignation but was the first step in getting a street
constructed andpaid for by the developers in thee
rea.
Council Member Stephens asked City Manager Hartung to ask the State
Highway Department to reaasees the priority list given the amount of
construction and development in the area. Stephens asked Hartung if
he was aware of the planning document which Dr. Vela had obtained.
Hartung responded that he had not seen the document and apparently
Dr. Vela had obtained his copy from the state representative. The
staff had approached the Highway Department District Engineer 18
months before for funds to add an additional lane on Teasley between
the Interstate and back southbut funds were not available, Dr.
Vela was referring to a planning document which gave no indication
of the year of funding for the project. This list was a priority
list of quite a few projects which would be begun if additional
funds were available.
Dr. Vela disagreed with the City Manager's comments stating that the
document was a planning document the Highway Department. The budget
allocations for the Highway Department had been made and the list
was the order in which projects were funded. The Teasley Lane
of Denton City Council Minutes
~eeting o£ December 6, 1985
Nine
project was very close to the middle of the list and the budget
would not be cut by 50~ for that which was requested from this
district. Dr. Vela stated that he believed the City had a very good
opportunity to have this budget approved.
Council Member Hopkins called the question.
The following ordinance was presented:
NO. 83-155
AN ORDINANCE DECLARING THE NECESSITY FOR AND ORDERING THE
PAVING AND IMPROVl/MENTS OF PORTIONS OF CERTAIN STREETS IN
THE CITY OF DENTON~ TE~(AS; ORDERING TO BE PREPARED AN
ESTIldATE OF THE COST OF SUCH IMPROVEMENTS, AND ORDERING THE
PREPARATION OF PLANS AND SPECIFICATIONS; DIRECTING THE
alVING OF NOTICE; DETERMINING THE COST OF SUCH I~PROVEI~NTS
SHALL BE PAID BY THE CITY OF DENTON; PROVIDING A bI~THOD FOR
THE REIMBURSEMENT TO THE CITY OF DENTON FOR A PORTION OF
SUCH COST BY ASSESSMENT OF A PORTION OF SUCH COST AGAINST
THE PROPERTY ABUTTING SUCH I~PROVl/MENTS; AND POR THE PILING
OF A LIEN TO SECURE PAYMI/NT POR SUCH ASSESSMENTI DIRECTING
THE CITY SECRETARY TO PILE NOTICE OF THE ASSESSMENT; AND
SPECIFYING ACTION UNDER ARTICLE 1105 REVISED CIVIL STATUTES
AND DECLARING AN EFFECTIVE DATE.
Hopkins motion, Riddlespargar second to adopt the ordinance. On
roll call vote Hopkins "aye"~ Stephens 'aye't~ Riddlesperger "aye"~
Chew 'aye'~ Mayor Stewart "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance
amending the electrical fees to provida for charging the existing
fee on a per unit basis for "living units" in apartment complexes.
Assistant City Manager Svehla stated that upon tha co~pletion of the
David M. Griffith study, £ees schedules had been discussed in
previous meetings. The staff had proposed an across the board
increase in electrical fees. The Electrical Code Board had
su~lested that the fees be concentrated and charged basically to
apartment-type construction. The proposed ordinance would consider
apartments as one 1aria building and would charge one fee. The
present fee schedule allowed a decraase in individual charges as the
quantity increased. The Electrical Code Board was reco~ended that
each individual living unit in the apartmant complex would be
considered to be individual and the fees for outlet~ circuits, amps
or service be chargad for each residential unit in the complex.
Council Member Hopkins stated that he did not understand bow this
fee structure ~ould ~ork and requested to ~ee an example of one
apartment complex's fees under the current and proposed fee charges
to see the difference.
Hopkins motion, Rtddlesperger second to table until the next Council
meeting. Motion carried unanimously.
C. The Council considered adoption of an ordinance for
the issuance of Certificates of Oblilation for the construction of
Ridgewa¥ Drive.
Assistant City Manager Svebla reported that this ordinanca ~as the
second step in the process for the Ridgeway Drive project. This
ordinance would authorize the issue of the Certificates of
Obligation to pay for contract for the building of Ridge~ay Drive as
a two lane curbed and gutter street. Included in the contract were
the engineerinI cost and the cost of issuing tha debt. Assessments
would then be made to the property owners that would in effect cover
the repayment of tbs Certificates of Obligation. This would provide
a two lane facility from Loop 288 to Teasley at essentially no cost
to the City.
City o£ Denton City Council Minutes
Meeting of December 6~ 1983
Page Ten
The following ordinance was presented:
NO.
A~ ORDINANCE ALrrI4ORIZING THE ISSUANCE OF CERTIFICATES OF
OBLXRATION
Riddlesperger motion, Hopkins second to adopt the ordinance. On
roll call vote Hopkins "aye", Stephens "aye", Riddlesperger "aye",
Chew "aye", Maysr Stewart "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
restricting parking between Avenue E and the entrance to the North
Texas State University Physical Plant.
Assistaut City Manager Svehla reported that the Citizens Traffic
Safety Support Comaission had considered this ordinance. The
ordinance would remove the parking on Prairie Street from Avenue E
to the entrance to the North Texas State University Physical Plant.
There were several large driveways at the location that did not
allow parking. Some parking was allowed between some of the
driveways and the entrance to the plant which made it difficult to
see when driving in or out of the Physical Plant.
The following ordinance was presented:
NO. 85-157
AN ORDINANCE PROHIBITING THE PAR£ING OF VEHICLES ON THE
NORTH SIDE OF WEST PRAIRIE STREET BETWEEN AVENUE "E" AND
THE ENTRANCE TO ThE NORTH TEXAS STATE UNIVERSITY PHYSICAL
PLANT; PROVIDING A SEVItRABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS ($200); AND DECLARING AN
EFFECTIVE DATE.
Riddlesperger motion, Chew second to adopt the ordinance. On roll
X:~I" ~°at~d~°aPy~n~ t ;::~'" ~/:'~en~o"aye"'tion carriedRldd'espergerunanimously."aye"' Chew
7. Resolutions
A. The Council considered adoption of a resolution
directiag the publication o~ notice of intention to issue
Certificates of Obligation.
Assistant City Manager Svehla reported that this resolution would
authorize the publication of the notice of the City's intention to
issue t~e Certificates of Obligation .£or the Ridgeway Drive project.
The following resolution was presented:
RESOLUTION
AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION OF THE CITY OP DENTON, TEXAS,
FOR STREET IMPROVEMENTS
THE STATE OP TEXAS :
COUNTY OF DENTON
CITY OF DIL~TON :
WHEREAS, it is deemed necessary and advisable that Notice
of Intention to Issue Certificates of Obligation be given as
hereinafter provided.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON:
Section 1. That attached hereto is a form of "NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON,
4~ty o£ Denton City Council Minutes
Meeting of December 6, 1983
Page ~leven
TEXAS, FOR STRNNT IMPROVt~ENT$", the form and substance of which are
hereby adopted and approved.
Section 2. That the City Secretar~ shall cause said
NOTICe, in substantially the form attached hereto, to be published
once a week for two consecutive weeks in a newspaper of general
circulation in the City, the date of the first publication to be at
least fourteen (14) days prior to the date tentatively set for the
passage of the Ordinance authorizing the issuance of such
Certificates of Obligation.
Hopkins motion, Chew second that the resolution be passed. On roll
call vote Hopkins "aye", Stephens "aye", Riddlesperger "aye", Chew
"aye", and Mayor Stewart "aye". Motion carried unanimously.
B. The Council considered adoption of a resolution of the
City Council designatin~ an Eligible Blighted Area; making the
findings required by rules of the Texas Economic Development
Commission; and containing other matters relating to the subject.
Mr. Ed Toles, attorney for the applicant, requested the Council
approve the resolution with the following changes:
Page $
Line ~ Strike sentence beginning with "The governin~ body
hereby further ~inds..."
Exhibit A Strike "and areas immediately adjacent thereto" from
the last line. Sentence would end after '~BA".
A nap of the area would be attached to the resolution before
forwarding on co the Texas Econouic Development Commission.
The following resolution was presented:
RESOLUTION
OF TH~ CITY COUNCIL DESIGNATIN~ AN ELIGIBLE BLI~HTSD AREAl
MAIlING THE FINDINGS REQUIRED BY TH~ RULES OF THH T~XAS
ECONOMIC D~V~LOPML~T CO)~ilSSION; AND CONTAINING
~TT~RS RELATING TO THE SUBJSCT
~ERE~ by resolution of the City Council (the "6overnini
Body')~ the City o~ Denton (the "Unit"), ~uthorised and spproved the
creation o~ the Cit~ of Denton Industrial Development Authorit~ (the
'Corpor~tion') as a nonprofit industrial developsent corporstion
undser the provisions of the Dev~lopsent Corporation Act o~ 1979~
Article 5190.6, Vernon~s Annotated Texas Civil Statutes~ as ssended
(the "Act"); and
~RE~, the Corporation is authorized by the Act ~o issue
bonds on behalf of th~ Unit for the purpose o~ payin~ all or a part
of the costs o~ a "project" as defined in the Act~
sell the pro~ect or ~o loan the proceeds o~ the bonds to ~inance all
or part o~ the costs o~ a pro~ectl and
~H~REAS~ the de~inition o~ "project" in the Act includes
the l~nd, buildin~s, equip~ent, ~acilities and isprove~nts (one or
~ore) ~ound by th~ Board o~ Directors of the Corporation
required or suitable ~or the pro~otion of co~mercisl development and
expansion and in furtherance o~ the public purposes o~ the Act~ or
for use by co~ercial enterprises~ all as defined in the rules
the Texas ~conosic Development Co~sission (the "Co~sisston'),
irrespective o~ whether In existence or required to be acquired or
constructed th~rea~ter~ if such project is locsted in blighted or
econo~icslly depressed areas; snd
City of Denton City Council Minutes 487
Meeting of December 6, 1985
Page Twelve
WHEREAS, as used in the Act, the term "blighted or
economically depreesed areas** means those areas and areas
immediately adjacent thereto within · city which by reason of the
presence of a subatanti&l number of substandard, slum, deteriorated,
or deteriorating structures, or which suffer from a high relative
rate of unemplo)ment, or which have been designated and included in
a tax incremental district created under Chapter 695, Acts of the
66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's
Texas Civil Statutea), or any combination of the foregoing, the city
finds and determines, after a hearing, substantially impair or
arrest the sound growth of the city, or constitute an economic or
social liability and are a menace to the public health, safety or
welfare in their present condition and use; and
MH~itBAS, Section 1071(b)(9) of the rules (the "Rules") of
the Commission for industrial projects set out special rules for
approval of commercial projects in blighted or economically
depressed areas; and
WH~RF~S, the Governing Body of the Unit
desires
authorize the financing of certain projects for commercial uses as
provided in the Act and the Rules By establishing one or more
eligible blighted areas; and
WheReAS, the Act requires that notice of a hearin~ at which
the city considers establishment of an economically depressed or
blighted area shall be posted at the city ball prior to such
hearing; and
WHeReAS, notice of a public hearing was provided to the
Texas ~conomic Development Commission (the "Commission"] by letter
dated November 1~, 1985 and notice of such public hearing was
published once a week for aye consecutive weeks in a newspaper of
general circulation in the City and notice of the public hearing was
posted at the City Hall on November 21, 1985; and
WHeReAS, the notice provided to the Commission and as
published and posted included both a description of the area
proposed by the City to be designated as an eligible blighted area
and the date, time and location of the public hearing concernin~
such designation; and
~HBRBAS, a public hearin~ was held at the ~unicipal
Building on December 6, 1955 pursuant to the Act and Chapter 107 of
the Rules of the Commission for the purposes of establishing an
eligible blighted area; and
#H~RffAS, the Governing Body of the Unit has concluded to
request the Commission to approve projects for commercial uses and
therefore desires to adopt this resolution in compliance ~ith the
requirements of the Act and the Rules;
NO~, TP~R~FOR~, B~ IT R~SOLV~D BY TI4~ CITY COUNCIL OF TH~
CITY OP DHNTON, THAT;
Section 1. The Governing Body hereby finds, determines and
declares that the area outlined in red on the map attached as
Hxhibit A to this Resolution shall be declared to be an eligible
blighted area ("HBA") because such area, by reason of the presence
of a substantial number of substandard, slum, deteriorated, or
deteriorating structures and which suffers from a high relative race
of unemployment or a combination of the foregoing, substantially
impairs or arrests the sound ~rowth of the city, constitutes an
economic or social liability and is a menace to the public health,
safety or welfare in its present condition and use.
Section 2, The overall objectives of the City for
redevelopment and recovery of the mBA are as follows:
~8.~ity of Denton City Council Minutes
Meeting of December 6, 1985
Page Thirteen
A. To promote the present and prospective health, safety,
rights to gainful employment and general welfare of the people of
the Unit and the State.
B. To promote the continued existence, development and
expansion of commerce and industry essential to the economic growth
of the Unit and the full employment, welfare and prosperity of its
citizens.
Co To encourage the economic growth and stability of the
City by increasing and stabilizing employment opportunities,
significantly increasing and stabilizing the property tax base and
~romoting commerce within the City smd the State of Texas (the
State").
D. To encourage employment o£ the inhabitants of the ~BA
by encouraging employers to locate projects which will employ such
persons in or adjacent to the ~BA.
Section 3. The Governing Body hereby finds, determines,
declares a~d represents to the Commission that the availability of
financing of projects to be located within or adjacent to the BBA
for commercial uses under the Act will contribute significantly to
the alleviation of the blighted conditions found to exist in the BBA.
Section 4. The Governing Body of the Unit, in order to
enhance its dev$Iopment efforts, desires and authorizes all
commercial projects that are an inteBral part of the local economy.
The commercial project must contribute to the economic growth or
stability of the Unit by (a) increasing or stabiltzlnB employment
opportunities; (b) increasing or stabilizing the property tax base;
or (c) promoting commerce within the Unit and the State. The Unit
desires to exclude projects for prohibited activities described in
Section 105 of the Internal Revenue Code of 19S4, as amended.
Section 5. Based upon the Unit's best estimates as of the
date of this Resolution, there are no proposed public i~proveeents
to be made in the EBA.
Section 6. The Governing Body of the Unit will not approve
any projects fo'~ commercial uses in or adjacent to the L=BA unless
the applicant desiring approval of such project demonstrates to the
satisfaction of the Governing Body that:
A. The project conforms with the limitations provided in
Section 4 of this Resolution;
B. The project will significantly contribute to the
fulfillment of the overall redevelopment objectives of the Unit for
the ~BA;
C. The project conforms to the project approval standards
of the ~ules and this Resolution by increasing or stabilizing
employment opportunities, significantly increasing or stabilizing
the property tax base and promoting commerce within the Unit and the
State; and
D. The project is in furtherance of the public proposes
of the Act.
Section 7. The Governing Body of the Unit hereby covenants
and represents that it will review all project descriptions for
approval o£ specific projects for commercial uses in order to
determine whether such projects are consistent with the Unit's
objectives for redevelopment of the BBA.
City of Denton City Council ~inutes
Meeting of December 6, 19g$ 489
Page Fourteen
Section 8. The City Secretary o£ the Unit is hereby
directed io provide a certified copy of this Resolution, including
all exhibits, to the Bzecutive Director of the Commission as
required by the Rules, Unless the Unit shall be notified by the
Commission to the contrary in writing within $0 days from the date
o/ receipt o/ such certified copy o/ this Resolution, the BBA shall
be deemed accepted by the Co~mission, and the Unit and the
Corporation may therea/ter approve projects /or conercial uses in
and adjacent to the BBA in compliance with the Act, the iules and
this Resolution.
Section 9. This Resolution is adopted
satisfyin~---ih-g--~ditions and requirements o/ the Act and the Rules,
and /or the benefit of the Corporation, the Unit, the Commission,
the residents of the Unit and all other interested persons.
Section 10. The Governing Body has considered evidence
the postini o[ notice of this meeting and officially finds,
determines, recites end declares that a su/ficient written notice of
the date, hour and place ot this meeting and o/ the subject of this
Resolution was posted on the bulletin board at a place convenient to
the public in the City Hall o/ the Unit for at least 72 hours
scheduled time of such such of postini
precediul
the
~eetini;
place
~as readll~ ~ccessible to the sahara1 public at all times from such
tics ol postinl until the scheduled time of such meetini~ and such
· eetini ~as opened to the public as required by la~ ,t all ti=es
durini ~hich this Resolution and the subject ~atter thereof ~ere
discussed, considered and fo~a11~ acted upon as required b~ the
Open ~eetinls La~, Article 62S2-17, Vernon~s Annotated Texas Civil
Statutes, as ~ended.
PASSED ~D AttiO~ this ~th t~ of December, 198~.
Hopkins mo~ion, Stephens second that the resolution be passed ~ith
the suilested chanje~ and the attachment of the map. 0n roll call
vote Hopkins 'a~e', Stephens "aye"~ Riddlesper~er 'aye', Che~ "aye",
end ~s~or Stewart "aye". ~otion carried unani=ousl~.
8. The consideration of approval of provision of ~ater and
se~er service for ~r. R. O. ~cDonnell outside Denton's Cit~ limits
to serve a single fa=ilF residential subdivision ~as ~ithdra~ fro~
the aienda.
9. The Council considered approval of the "~lus T~o" utility
bill assistance proir~.
Bob Nelson, Director of Utilities, reported that the Public Utilit[
Board h~d looked for a ~ethod to assist needy citizens ~ho ~ere
experiencing dit~icult~ in pa~ini utility charges.
Joe LaBeau, A~inistrative Assistant in the Utility Department,
reported that the Public Utilit~ Board had directed staff to check
into di~ferent =ethods to assist custo=ers ~ho ~isht experience
interruptions in their utilit~ service due to delinquent accounts.
The Cit~ Charter has no allowance for accounts to be dismissed nor
does the Charter allo~ the City to contribute to charities. Several
other cities had ione to · pledle s~ste=. The proposed Plus One
s~stem ~ould allo~ utiltt~ customers to pledie $1 extr~ per ~onth on
their u~ilit~ bills. This extra $1 ~ould be administered throuEh
the Denton Cooperative ~inistries. The Covncil ~as asked
consider approval of ~he proir~ and to haze the prosra~ Plus One.
Council ~ber Hopkins stated that this ~as an excellent idea and an
appropriate thin~ to do.
Council ~e~ber Stephens stated that the Council appreciated the
iroup ~hich ~ould be a~inisteriui the program.
Che~ ~otion, Riddlesper~er second to approve the Plus One protram.
~otion carried unani~ously.
~vCity of Denton City Council Minutes
Meeting of December 6, 1983
Page Pifteen
10. The Council received a report concerning the location o£
existing and proposed mobile home development.
Charlie Watkins, Senior Planner, presented a map which showed the
locations of the mobile home parks and proposed developments in
Denton. The map delineated beween those mobile home developments
which has been in existence for more than S years, those mobile home
parks approved by the City Council which were in the developmental
stage, and proposed mobile home subdivisions. Lakewood Estates was
not considered as it was developing. The vacancy rate was 2% and
several parks were expanding which indicated a high dewand for this
type of housing.
Mayor Stewart asked is it could be required of existing mobile home
parks to improve their standards under the present ordinance.
Watkins responded that this could be considered.
Mayor Stewart asked if this requirement was considered in the
proposed mobile home ordinance.
Watkins replied that the new ordinance would require annual
inspections.
11. There was no official action on Executive Session items of
legal matters, real estate, personnel, or board appointments.
Due to the arrival of the attorney and petitioners for agenda item
$, approval of the final replat of lots 19 and 20, P. M. Darnell
Addition, Hopkins motion, Chew second to reconsider item $ on the
agenda. Motion carried unanimously.
Mr. John Narsutis, representing the property owners, stated that the
staff had requested a 10 foot strip be dedicated as a condition of
the approval of the replat. The replat consisted of moving a lot
line line so that already zoned multi-family area can consist of one
multi-family unit as opposed to building two separate ones on
separate lots. This would allow for fewer curb cuts onto Eagle
Drive. Eagle Drive was currently within the minimum standards for
such arteries in Denton. The primary problem was who was the
primary property owners, the City or the citizen. This issue has
been discussed by state case law. Bven though the City wanted the
property for future use, Mr. Narsutis did not feel the property
owners could be required to dedicate the right-of-way.
Council Member Hopkins stated that the staff had indicated that Mr.
Chang was agreeable to the dedication.
Mr. Narsutis responded there had been a misunderstanding and his
client was not agreeable to dedicating the property.
City Attorney C. J. Taylor recommended that the Council table the
petition until the next Council meeting.
Hopkins motion, Chew second to table the petition until the Council
meeting of December 20. Motion carried unanimously.
12. New Business:
The followin8 items of new business were requested by Council
Members:
Mayor Stewart asked to receive a report on the zoning in Montecito
at the December 20 meeting.
Council Member Hopkins requested a report from the staff on the
status of current grants and which grants might be available. The
report would be made in January, 1981.
City oE Denton City Council Minutes 491
Meeting of December 6, 19S3
Page Sixteen
Council Member Hopkins requested a report on the economic
development program and the AVW slide show in January, 1984.
The Council then reconvened into the Executive Session. No official
action was taken.
With no ~ur~her business~ the meetini uss adjourned.
CHARLOYI'~ ALL~N, CITY SECreTARY
1276C
CZTY couNc~ ~Z~TES
December 1~, 1983
The Council convened into the Special Called m~etinS at 7:00 p.m. in
~e City ~naser's conference room.
PRESENT: l~yor Stewart; ~yor Pro Tam ~ld~lespar~er; Council
~embers Barton, Hopkins, Stepr~ns, Alford, and Chew
City ~ana~or~ City ACCornmy~ Municipal Judsm, and CiCy
1. T~e Council considered approval of C~ plans for
renovation of Cna west wins of =~ MunicLpa~
City ~na~er Chris ~rCung introduced Jer~ Wr~h~ and ~hryn
Conrady~ space planners~ ang~n Bi~n~
area~. In o~der Co do an accurate aaaeaa~nC, employee
~d Dean conoucCed. The resulcs of C~se in=e~iewa ind~c&=ed ~ood
acoustics and li~h=~n~ were priorities. 5pace allocations ha~ been
for t~ needs of Camhierin~ Custo~r Service, t~ City
office, C~e M~icipal Judge, and =~ Tax ~aeaso=. There was
approx,=ely 3500 sq~re ~ee= o~ space available; 500 fae= would
=e~uL=ed for aisles and a recap=ion o= war,inS area. T~
falc ~= ~he divia~ons whic~ dealc wich financial ~uncClona s~uld
be locaC~d adJacenC =o eaca o=~r. A need exis=ed ~o ad~ more space
for =~e Caa~ierins and Cus=o~r Semite func~iona. Also C~re were
special needs which ~d been considered, such aa a private
conference ~oom a~ea ~o~ the City Attorney's oEEice and security
conaice~aC~ona in ~ ~saie~ins Division. IE a cou~C ~oom were
sated, approxi~tely ~00 square ~eeC would be needed. [E ~ coupe
~oom were co be ad,ed in Cbs wea~ w~, a probl~ woul~ exist on
court days with ~ooc ~a~Eic because Cna n~be~ oE
appea~inS ~n court would be added Co t~ ps,sous al~ead7 in
buildins co pay utility bills. T~ planners [el~ e~t Eo~ C~ sho~C
te~, the ~icipal Cou~ should continue ~o ~ae ~ the City
Council Cb~bera.
~yo~ Stewart s~ated that C~ City Council wan~ed co eventually
a ~u~t o~ ~cord. This would c~eate a problem wi~h ~ldinS cou~
in the Council C~mbers unless ao~ benc~ aea~S a~ransemenC could
be
~n Bin~n, P~o~am Adminiacrato~, stated C~ s~ ~d spoon with
c~ F[~a Marshal and Su~lain~O~Eicial about uains ~he Council
C~mbers ~o~ the cou~t ~oom. C~be~a were presently classified
aa an occasional uae Eacil~cy. Il used fo~ a ~aily cou~t room, Co
~eC codes, additional square ~oo~asa pe~ occupancy woul~ be
requi~ed.
~yor P~o T~ ~ddleape~se~ aa~ i~ the cou~t ~oom could be
extended from the present Council C~era into t~ courtyard area
la ~ron= of cna Municipal ~uildi~,
Ci=y Napier ~r=un~ respondea an ex=enalon would require new
cons=rut=ion.
Pro~r~ A~inis=ra=or ~ins~n s~a=ed ~ ~ a=aff and C~a apace
planners ~d loo~ed for a flexible plan wi=~in curren= budseC
conmCra~C~.
Council ~e~er Hopkins s=a~ec one option was =o call for bid~
finish ou= =~ o=her =wo ex=erior wa~ls a= an approx~=e co~= of
~ln~n responded =~= t~ ~ud~e= was ~,300,0~0 and =~
wor~ etill was =o be comple=ed.
City of I~nton ~ity Council ~inutes
December 13, 1983
PaSs Two
Hr. WrlshC prasente~ a sUtch of a proposed option £or the Council
Cl~ers wor~cLn$ with t~e usable apace to batter accommodate the
Hunicipal C~urt.
~unic~pal Judea Howard Watt stated that Gouncil miSht went to loo6
Council ~er ~r~ou a~d ~[ an area ~n ~ we~ w~ could be
c~osed In and a court room bu~l~ on ~ west perkins loC.
Council ~m~ Al~ord respo~ed ~ ~n ~ bond election of 1982,
presen~.
ilex~ble (nd fel~ ~ ~ open of[ice concept vas needed ran~er
than pe~nt walls.
?ro~r~ ~m~niaCra~or B~n~n rapc~te~ C~t all o~ ~ systems which
would be inaKalled would be ~vea~le w~K~ t~ exception of C~
off2cea lot ~ Finance D~recKor and t~ Aaa2atant Finance Direc~or.
Count21 ~er ~pK~na an~d w~ would be moved ~nCo ~e area
presenKly occupied by t~ Gt~y AKtorney'n o~[ice.
~n~an responded t~ C~Ia .ta~i members [rom ~ P~ann~n~ and
Co~uni2y ~ve~op~n2 ~par~nt ~hich currently ~ere of[icad ~eh~nd
~ go~il C~bers ~uld ~ ~d ~n~o C~s area.
~yor S~e~lr~ I~a~ed C~ a Cour~ o~ ~ecord ~ould require pr2vacy.
Council N~ber ~ford responded ~ c~ doors ~o C~ presen~
It was ~ consensus of t~ Council to approve ~e plan aa presented.
~unc~l ~mb~r ~r~on asked if c~ C~ty A~torney was satisi[ed w~Ch
~he presented pl~.
City A~Eo~6y C. J. Taylor responded no. T~ sketch o[ the area
showed t~ ~urC Clerk's ~ his o~ice which would crea2e a ~oo[
trali~c probl~.
C~ty ~sr ~rtuns respo~ad 2~t the space planers and Pro,ram
~mZn~st~aCor would wor~ with t~ City A~orney on t~ae concerns.
D~recC$on was ~ded at ~h~a ~e~nS concern~ni c~ court room so
t~C work could pro,reda.
T~ consensus o[ c~e Council was Co use t~ Council Cn~bers, w~ch
the proposed additions, as t~ court room ior now.
The Council also directed t~ a~a~i to work w~th ~ C~ty A~orney
and C~ ~unicipal Judle on t~ pl~ ~or the C~y Acto~ey's area ~n
~2e west winS, not includi~ ~ court room.
Barton ~tion, ~w second co encase the space planners to develop a
~lan Eot a court, w~c~r on a second iloor oi the ~unicipal
uild~nS or C~ n~w Police ~u~ld~l. Hollos carried unan~oualy.
Alford ~$ou, C~w s~cond ~o con~inue ~o uae c~ C~2y Council
C~bers aa a court room a~ ~o iu~2s~ it t-~d~a~ely as a court o[
record wiCn C~ n~w areas Co be completed accordinS to the plan aa
p~eaanCed. ~cion carried 6 ~o 1. Council ~ember Step,ns casts
the nay vote.
~9~iCy of Denton City Council Minutes
Decea~ar 13, 1983
Pass Three
2. Tna Council considered adopC£om of aa o~'dinance modifyinS
certain deneral ledger balance sheet accounts.
City ~ana~er Chris ~arCun~ reporCaa C~C lace iasc year a n~ber of
corrac~ional adjustment-type entries ~d ~een required Co the
b~d8e~. T~ auditors ~ id~nCi~ied accounts
aajus~ed. T~ last C~roe looms on ~ ora~ce aeaLC wl~n
al~in~Cin~ aasa=a for vehicles in =~ operaCin8 f~ and lei= =~m
in =~a mo=or pool funS.
Council Member ~=ephens asked w~n ~ au~i=o=a ~d
reco~anda=ion as he fel= Chis =ype of =ranaacCion was usually do~
~efore =~e audi= was comple=aa.
City Manager Har=un~ responded =~is mo~ifica=lom
ems of =ns fiscal year and spo~e Co =~ issue of =he affecc of
c~ulAC/ve
~yor Pro Tam Eidaleaper&er sCa=ed =als was a boo~eepin8 opera=ion.
~r=un8 sCa=ed =~ =~ audit fi~ ~d apart= quire a loc of =~ on
Chis process.
T~ follow~ ordinance was presented:
S~ET
Xl~ales~erSer motion, ~tr~on second Co adop~ C~ ord~nca. On ~o~1
aye , C~ew aye , and ~7or Stewart aye ~ Notion carried
un~ously. Council gembar S~ep~ns was abaen~ ~or ~ vo~e,
3. T~ Council convened ln~o C~ ~cu~ive
legal ~ccera, real estate, personal, and bo~r~ appoint~nCs.
official action was
Wic~ mo ~u~her business, t~ ~ecln~ was a~Jour~d.
1300C
City Council ~inutee
~ce~ber 20, 1983
The council convened into the york eetsion to receive a report on
the audit ~:om re~resentatiavee of Arthur Andersen.
PRESENt: ~dyor tie.art: J(ayor Pro Ten R~dd~espe~ge~; Council
~ubo~s Al~o~d, Ba:~on, Chew, Hopkins, end
City.niger, City A~torney, and Cl~y
~S~: None
~, DiaX Ereu~z~eld~ o~ ~ur ~deroen reported ~
~Jor issues o~ ~he lud~ ~a~ been addressed vi~ ~e City
maaagemea~ i~ And been EesoXved in agreement. A Qopy o~ ~he le~e:
o~ compXian=e ~ld be ~iXed ~oz ~e gene:il ~evenue fairing. On
~lnul~y ~7 ~e Coua=i~ vo~ld be b~ie~ed by ~ulie Nelson on ~he
an ieee o~ conaern wi~h a number o~ ~hings vhich needed to be
addressed.
The load 8~a~ personnel wo~ had been completed and city ~nagez
~z~ung amd Assis~an~ ~o ~he Direo~oz o~ ~i~nce Ande~son would
~epor~ on ~o ~age~l~ lesseE.
~yor $~a~ ~d a question on ~ixed aste~s. The ~yo~ asked
happened ~o ~he ~u~s ~rom ~lah ~ho money was ~aken.
~. Kreu~l~eld~ responded ~ ~he ~ans~er was simply an aeeoun~tn~
en~y: the ~u~ ~uld s~ill exist, less the ~ans~e~ed amount.
~Ae City ~ve ~re money in ~e aeneza~ Fund.
Hr. Kreuta~eld~ s~e~ed thl~ ~o Mo~o~ Pool ~nd transfer vis
~- ~neezna~ .e:v~oe ~und ~ch vas only recovering cos~, and no~
· he CoumoiX ~en reviewed various pop,ions o~ ~e
~ixed auae~a sh~d increases due to streets, cap~ta~ costs.
sons,ruction program in progress. T~ere were also inoreasos la the
utility lys~eu and the ganitaEy land~ill ~or a ne~ increase o~
J10,069,1~1.
O~her changes had been ma~e in liabili~iea. All city
sick mn~ vacation leave wag aho~ fo~ ~he Ei~st ~ime this yeas. The
1983 ~eneEal Obligatlen bond issue showed a ne~ debt o~ 83,690,000.
~is was la a~di~ion ~o ~he Utility bo~ issue.
The coneolidat~ balance sheet showed a ~ese~ve ~oz encu~ezances
~458,390. Also n~ ~hi8 year wag the ~ege~ve cE funds Eo~ capital
p~oJec~s ~rom ~e 9ene~al Obliga~ion bond sale.
~yo~ S~a~ is~ed f~ in~o~ion on ~he value cE appzocia~ed
Dick K~eu~s~eld~ ~esponded ~ha~ ~his was not being done a~
,_ particular area, tush as re~nue sharing end Parks
~e Utility Fund ze~ained ~lance had increased due ~o the bond
re~u~ing. ~ was also a reduo~ion in proprietary ~unds,
a~ wages.
~ansEo~ cE ~he ~oE Pool ~nd ro~a~ned eaEn~ngo ~o ~he ~one~al
Fund had no iapact o~ho~ than ~o elinina~o the invos~Ren~ in the
~to~ Pool Fu~. ~ o~oE ~d bean made ~n Oc~obeE of 1982.
di~fefen~ ~eveaue COIp~IE ~U~I Md been made and the vzong one had
been used. ~is had been eo~ee~ed. The cost o~ cons~uction had
been calculated ~o~ pe~Eo~nco bonds ~hich onl~ Eep~e8ented lot of
~y of Denton city Council Minutes
ting o~ December 20, 1983
Page T~o
the value. The additional 90% had been added. Vacation and sick
leave £or employees was now included aa was the lease value of the
l~ and Wang equipment. Interest on the Utility Bond refunding had ·
yet to be recorded on the books. Items not reflected in the
financial statement were the customs~ receivable balance for
utilities. Arthur Andersen would investigate further the utility
charges to other departments.
Mr. K~eutzEeldt then reported on tho ~nagament latter stating
at the present time. expense sdvanctl taken by City employees are
retarded as travel expenses. These should be debited to an employee
receivable account and oha~ged to travel upon the subuission of in
expense ~eport. Over $1,000o000 in delinquent p~ope~ty taxes should
be collected prio~ to the four year statute o£ limitations.
Presently no reconcilliation of taxes o~ customer accounts
receivable was being
A~thur Andersen recommended that tax collections should be
reconciled monthly. A system should alas be implemented for
tracking progress of wo~k orders.
2. The Council received a ~epo~t from repres®n~a~ivea of
Henningson0 Durham and Richardson (BDR) on the City of Denton's
landfill permit application.
Ms. Resa Fisher of HD~ repo~ted tha~ the application had been
delivered to the 8tats Health Department on Dece~be~ 13, 1983. Ms.
Fishe~ discussed the design of the landfill and stated the proposed
si~e would last twenty-five to thirty
3. The report concerning the status o~ applications for
Cosmmnit¥ Development Block ~ant was tabled due to lack of time.
4. The report on south Denton residential development om
property zoned for hi~her uses was tabled due to lao~ of time.
5. The Council did not convene in executive session due to
The Council then convened into the Eegulaz meeting at 7:00 p. m. in
the COGnCil
PRESENT: Mayor Stewart, Mayor Pro Tel Riddlespe~ger: Council
Members Almond, Ba~ton0 Chew, Hopkins0 and Stephens "
City Manager, City Attorney, and City 8eo~etazy
MBMBBRS
ABSENT: None
1. Consent Agenda
Council member Hopkins requested that Item #i.C.2 be removed
the consent agenda,
Chew motion, Stephens second to approve the consent agenda withou=
item #I.C.2. Motion oar=ied unanimously.
Council member Hopkins asked if , contract had not recently been
~enewed with THE8.
~&ry Collins, Director of Data Processing, responded that a
was recently approved with THBS but it was for another
package.
Hopkins motion, Alford second to approve item #1.C,2. Motion
carried unanimously,
Cl~y of Denton ~i~y Council Nlnute, 497
Page These
1. Bid 09203 - Reciprocating #ate: Chiller Unit
2. Bid #9208 - TirOl and Tire Service
' "-i J, Bid ~J213 - PoWer Rescue Tools
4. Bid 09314 - Protective Clothing
S. Purchase Order #&CA01 JB Equipment in excess of
$3,000,00
6. Purol~ee Orda~ #60934 - Bolain Rquipment in
excess of 83,000,00
7. Purchase Order #612S5 - Xtmb&l Audio-Visual in
excess of $3,000.00
B. Plats and
~3~ i. Approval of the preliminary plat o£ tho Snidor
Addition. (The Planning and Zoning
recouuends approval.)
2. Consider vacation of final plat cE the McAninch
Addition. (The Planning and Zoning Co~uission
recotuiends approval.)
3. Consider quitclaim o~ fifty (50) ~eet of public
right-of-May dedicated £or Continental Street in
~he McAninch Addition in the City of Denton.
(The Planning end Zoning Conuission zecomuends
approval.)
4. Approval of the p~elimina~¥ plat of lot 1Re block
1o Hinter Addition (The Planning and Zoning
Conuaiselon recommends approval.)
5. Approval Of tho preliminary plat o~ the Hicko:y
Creek Park Addition. (The Planning and Zoning
Commission recoBBends approval.)
C. Contracts
1. Approval of an agreement ¥i~h the Denton
Independent school District end the City of
Denton for }oin~ usage and development of school
and city ~acili~ies. (The Pez~s end Recreation
Board ~enoamends approval.)
2. Approval of renewal o£ a maintenance
with TRBS for t~e utility billing system.
, D. T&z Re£und=
[ I. Approval of a tax refund to U.S. Lige Title
Coapany of Denton for erroneous payment o~ 1983
City o~ Denton ~axas in the amount of 0570.68.
B. Payments:
I. Approval of invoice £or 1984 aenberehip dues to
~he Texas Public Power ASsociation. (The Public
U~ili~¥ Board ~ecomnaads approval.)
Page Four
F. Change Orders:
1. Approval of final Change Orde~ #6 for time
extension of Contrao~ ~B#. C-45-1155-13, Hickory
Creek Lift Btation. (The Public Utility Board
recoemends approval.)
2. Public Hearings
A. The Council held a public he&ring on the petition of
Tom Fours requesting a change in zoning from agricultural (A) to the
general retail ¢9R) classification on a 2.11 acre parcel located
adjacent and south of Bast #cKinne¥ approzi~tel¥ 400 £eet east of
the intersection of Loop 2a8 and East McKinney. (Z-1617)
The Mayor opened ~he public hearing
petition stating that Z-1617 was over othe~ property which was zoned
PD. The area around the subject arem il zoned GR and multi-family.
&oonneotor street would be put it. This parcel is hOC in the
floodplain, there would be no traffic problems, and w~uld conform to
the Denton Development 9uide master plan.
No one spoke in opposition.
The Mayor closed the public hearing.
David Bllison, Development Review Planner, reported that 5 reply
forms had been mailed with 0 return. This wis a moderate intensity
area as called out in tho Denton Development ~uide. All land east
of Loop ~8 to Mayhill Road would be zoned.
1. The Council considered adoption of an ordinance
approving a change in zoning from agricultural (&) to the general
retail (QR) classification on a 2.11 acre parcel located adjacent
and south of East McKinsey approximately 400 feet east of the
intersection of Loop 288 and Bast MoKinney.
The following ordinance was presented:
NO. 93-139
A~ ORDINANCE AMENDING TH~ ZONINt3 MAP OF THE CITY OF DF, NTON,
TBXAB. AB $~ MAS ADOPTED AS A,N APPENDIX TO THE CODB OF
ORDINANCBB O~ THE CITY OF DINTON. TBXAB. BY O~DINANCE NO.
69-1, A~D A8 8AID MAP APPLIER TO APPHOXIM&TBLY 2.11 ACHES
Of LAND OUT O~ TH~ M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT
NO. 927, DENTON COUNTY, TBXAB: AND NORB PARTICULARLY
DESCRIBED HERRIN~ AND DEC~%R~N~3 AN EFFECTIVE DATE.
Hopkins motion, Chew second to adopt the ordinance. On roll call
vote Barton "aye", Hop~inm "aye", Itephens UayeN. &1fOrd
B. The Council held a public hearing on the petition cE
Marshall Everett, representing Manor Preen, Incorporated, requesting
a change in zoning ~ro~ single ~amily ($F-IO) to the planned
development (PD) classification on a 16.al acre tract beginning
adjacent and welt of FM 2181 and adjacent and east of Bouthmont
Place addition. If approved, the planned development (PD) would
permit office use on spproximatel~ 1.2 scram along the frontage of
FM ~191 and duplex land uae on the balance of the property.
The Mayor opened the public hearing.
M~. B. D. ~roening, one of the owners of Manor ~reen, spoke in favor
of the petition stating ~hat Bent Oaks would be the naae of the
City of Denton City Council MinuKee
~eeting of Deoe~ber 20. lg13 499
Page Flv~
developmen~ ~ic~ ~ould inolude luzuzy duplexes. Entzy to the
development ~oul~ he appealing and would ~it the Mon~iceito.
Sou~h~idge image. The develepezs in~ended ~o install a solid ~ence
a~oua~ ~ ~eope~ ~h ~l~iple alla~e p~ovide~. The ~eeiq~ and
azohi~eo~u~e ~ld be eo~ a lu~ nature an~ ~ould be of
construction. ~. Gcoening p~e~enCed ,l~e~ sE duplexes oonpacable
Co ~ose in ~he p~opoeed ~evelo~eaC. ~necoue businesses ~uld ~it
in ~he o~fice type complex on Teaeley ~ane. ~. ~coening shoued
eleva~ion plane ~ioh ~uld ~i~ the p~ope~y and eca~ed Cha~ the
No one spoXe in op~o~ion.
The ~o~ close~ ~he public
David Elliion, Dovelopaen~ Review Pla~e~, s~aCed ~C 10 ~oply
~o~ns had ~en ~i~ed vt~ ~ returned tn ~avo: and 0 in opposi~ion.
su~oundi~g la~ uiel Es: ~e pe~ition a~ea ~e~= ~ho no~h a
nchool, ~o ~he 8ou~h vaean~ aeon vi~h single family ,uu agricultural
land uses. ~o the eas~ was ~ 215~. and ~o the ~s~ was 8outWent,
church, single ~aaily d~lliaqs, a~icultuzally zoned lend,
vaoan~ area. Bllison s~a~ed ~his p~ope~y had been be~oze ~e
Council be~oze ~n oon]une~ion wi~h the 8out~on~ ~ddi~ion. The
developers ~e eo~i~ t~ ~his p~opez~y and this ~ou~d no~
~affic pzoble~s on Teasley. This land use would p~ov~de an
bu~e~ a~ea b~en ~he ~pplezes and genezal ze~ail ~o ~he south.
O~ioe ooas~UC~ion ~uld be lisited ~o oas s~o~y buildings wi~h no
detached signs. The developez8 had Eoqumsted ~vo n~ll de~aehed
signs ~o idon~iry ~he addition and ~he series buildings. 8ta~E ~el~
~h~a land use Wag ~easo~ble and ~he pz~pe~y o~o~ ~o t~o Wes~ had
fuppo~od ~he peri,ion. Five c~i~eEia hid been used ~o evaluate
~his peri,ion wi~h ~ho ~l~ p~iozit7 being land use. The planned
developu~ zoning ~uld p=ovide ~o~ approp~ia~e land use.
along ~he ~o~ and im~e~nal s~eet8 would no~ flow ~h~ough the
ne~qhbo~od loess. The Planning and Zoning Con~iseion ~econended
appEoval Wi~ oas na~ vo~e ~ich was blind on the lic~ o~ de~ailed
inEo~ion on building ~e~ial8. The Planning and Zoning
Co~issien had Eeconended approval o~ ~his position wi~h six
Council aeabe~ Hopkins s~a~ed ~hig was one sE the be8~ p~esen~a~iona
that had been ~ough~ bo~o~e ~he Council.
~yoz 5~a=~ 8~a~ed ho had ~o coneezn8. I~ appea~ed ~ha~ the a~ea
in the cento~ pa=~ would be cu~ ore and would haBpez ~u~uEe
developmoa~, l~ also appea=od ~o ex,end ~he zetail o~ semite zoning
do~ TIalIOy ~ne. ~e ~yo~ also i~a~ed he ~elt the office zoning
woul~ be a good bu~oE.
1. ~e Couneil conlide=ed adoption o~ an
appEoving a c~age Ln zoning ~om single family (8F-10) to the
planned dovolop~en~ (PD) claali~ication on · 16.61 aces
beginning ad~aeen~ and weg~ sE ~ 2181 and a~acent and eal~ o~
8ou~hmon~ Plies ~di~ion.
Tho ~ollo~ng ogdinance vas p~elen~ed:
~. 83-140
~ O~I~CR ~I~ ~ ZO~IM~ ~ OF T~ CITY OF
~S, AS G~ ~ ~ AG ~ APP~IX ~ ~ ~DB OF
~~8 OF ~ CI~ OF D~. TRna, BY O~IM
S9-~, ~ A8 SAID ~P APPLIES ~ ~PROX~TRLY 16.6117
1006, D~N CO~. ~8: ~ ~RB P~TI~L~LY DEg~IBED
Chew mo~ien, ~lfo=~ aecon~ ~hat t~e o=di~nce be adopted wi~h one
detache~ sign. On =oll call vo=e Bar~on 'a~e". Hopkins .aye",
8~ephens ~aye". Alfo~ "aFt~. ~iddlespe~ge~ "aye", Chew "aye". ~o~
~ewa=t "aye'. ~=ion ca=rind unanimously.
5~y.of Denton City Council Ninutee
#coting of December 20. 1983
C. Council held · public hearing concerning the proposed
annexation of approximately 17S acres of land beginning at CAe
existing city limits on tho north side of Highvay 380 Bast.
The Mayor opened the public hearing.
Charles #·tkins. senior Pl·~ner, spoke in ~·vor of the petition
stating that 1 reply ~orm had been m·iled with 0 return. This "
annozation W~uld more clearly define the city limits ·t the
northeast portion of
No one .po~o in oppoai~ion.
Tho ~yo~ closed ~e public hea~ing.
Hopkins motion, Chew second to continue the annex·ties proceedin~.
Motion carried unsniaouoly.
3. The Council considered approval of the final replat of lots
19 and 20, F.M. Dernall Addition.
City Kan·gar I{artung st·ted that the Council ~ld Cabled this replat
at the lest Council meeting avaiting an opinion from the City
City Attorney Taylor st/ted it was his opinion that the property we
already platted ·nd ·butted on · City street.
Council member Stephens st·ted that due to · traffic study done ·
fey years ago it vas decided to resurface the existing Ingle Drive.'
Hartung stated that, as he understood the opinion, these particular
lots were already platted ·nd the City could ncc require additional
right-of-way. The potential problem was with · setback on the 39
foot building line. Taylor st·~ed this was not · condi~ion of tho
approval o~ the plat. I~ the City wanted the property l~ Would ~·ve
to pay for it.
Hopkins motion, Chew second to approve the replat o~ Lots l0 and
20. Motion carried un·nimoVel¥.
4. Ordinances
A. The Council considered adoption of ·n ordinance
directing the issuance of notice of sale of bonds.
M~. Harold McBnroe. First 8outhwest Company, reported that the City
Council had directed Firs~ Southwest co have bond attorneys dray up
tho documents to sell $1,000,000 worth of u~ility bonds. Thes~
documents were now being presented for Council approval.
The following ordinance wag presented:
NO, 83-141
ORDINANCE DIRBCTIN~ TH~ ISSUANCE OF NOTICE OF SA~B OF BON~.~
Riddlesperger notion, Al·etd second to adopt the ordinance. On roll
call vote Barton "aye', Hopkins "eyes, Stephens #·ye~, Al·etd "aye",
Riddleeperger same., Chew "aye,,, and Mayor Stewart "aye". Motion
carried unanimously.
B. The Council considered adoptionof ·n ordinance
directing the publication of notice of intentionto issue City o£
Denton Utility System Revenue Bonds, 9eries 1984, in the m·xiltt~
principal ·mount of $1,000,000.
The following ordinance was presented:
City o~ Denton City council #inures
Meeting o£ DeceBhe: 20, 19e3
Page ~even
NO. 83-142
~X~B DX~X~ ~ P~LI~TX~ ~ ~XCE ~ X~XON
~ l~ CX~ OF D~ ~ILITY 8YST~ ~
9tephens motion, Ch~ meoo~ to adopt the ordinance. On ~oll oall
~iddlea~ezge~ .iyt~, Ch~ aayea, an~ ~yo~ Steva:t ,,aye~.
oazzied u~alaouely.
C. ~e Coun~i~ =Onli~e:ed adoption o~ an
~lct ~oB J. D. ~illy guzvey, Abstract 762. in~ the ~illia~ ~loyd
Gu:vey. Abe~raot 773 o~ed by Denton Four Join~ Venture.
Bob Nelson, Director of U~ilities. ~e~o~ted that these were two line
The ~olloving o:di~nce vas
~. 83-143
~ O~l~ P~OVIDI~ FOB ~ ~~ OF · ~ILI~
~ ~ E~ · OUI~I~ DE~D ~YING ~LL RIG~.
TITLB ~ Z~HBBT OF T~ C~ IN GA~D ~8~ ~ T~
Chew mo~i~. Stephens ~econd ~ha~ ~he o=dinance be adop=e~. On =oll
"lye~, ~ddlel~ezge: 'lye", Chow "aye". an~ hyo~ Sterile "aye".
Notion ~l~:led u~niBously.
The follo~ing o~inince vas ~esen~ed:
No. ~3-14G
~ O~I~CE PBOVIDI~ FOR ~ A~~T OF ~ ~
~B~ NI~IN ~ CI~ OF DE~ ~ 0~OBIZI~ T~
~ ~ B~ A QUI~IM DEED CO~YINQ ALL
TIT~ ~ I~RBST OF T~ CITY IN 8AID EA8~ TO T~
~ OF ~ ~ OF ~ CO~D BY SAID ~8~;
Chew motion. 8~ephens second 2~ the o=~inance be adopted. On =oll
call vote. Bar,on ,a~,~. Hopkins "aye", S~ephens 'aye", Alfo=d
"aye", ~iddllspe~gez "aye", Chew "a~e", and ~yo~ $~ewa~t "aye".
Motion c&~iod u~nimously.
D. ~e Council oo2eide~ed a~opt~on o~ an a~end~en~
It~eet light p~o-~ata cha~geB.
Bob Nelson, Di=ec~o: o~ Utili~ies, s~ated that ~he ~blic U~ility
Boa:d ha~ ~evie~d ~he cos~ oE s~zeet light ins~alla~ion and had
~eco~ended approval o~ ~he p~o za~a cha~ge,.
~e Eollov~nq o~dinanoe vas p~esen~ed:
~. 83-145
~ ~l~ ~l~ SB~ION 25-2~ OF ~TBB 251. OF
~DB ~ O~I~B~ OF ~ CI~ OF D~N, ~8 BY DBLBTI~
~ ~ISI~ F~ DE~I~TI~ BY ~ PUBLIC
~ ~ ~T ~ ~E ~BD FOR INSTAL~TION OF S~BT
LI~I~; BGT~LI~HI~ C~TS ~ BE C~G~ FOR
LIG~ING GBHV~S; PR~ZDING A 8E~BILI~ C~UBB;
~CL~ING ~ BFFE~I~ ~.
City of Denton City Council Ninutos
Meeting of December 20. 1983
Page light
Chew motion, stephens second that the ordinance be adopted. On roll
carried unanimously.
E. The Council considered adoption
approving the p~opoaed £oes and charge· for the uae of Park· and
Steve Brink, s,. Dirscto~ of Parks and Recreation. stated that during
tho review of feel and charges, some annual foes had been increased
and some decreased.
Council had looked at previously.
B:iakuan :egponded that some ve:e pert of the Raster fee o~dinanca.
Council member S~epbens asked how the Pa~ks Department could
dote:nine i~ I pe~son va· a non-Denton resident if they had · city
of Denton add,ess.
Brinknan ~esponded that the staff would have to rely somewhat on the
honesty of their patrons.
council member Hopkins asked if the City Council Chambers Was not a
Par~s and Recreation facility.
Brink.an ~esponded that this o~dinanee covered only Parks fael~ities.
council member Hopkins asked what Was ~ha overall percentage o£
increase.
Brim)uae, ~esponded the pereentage increase varied with the facility.
Council nenbez Hopkins asked specifically for the coot of rental of
tho Civic Cente~ £o~ non-profit organizations.
Brink,s, ~osponded the fee Was ten doll&~s a day leas than tho
previous fee.
Council aembe~ Stephens asked the rationale for the ~edBc~ion in
this
B~inM~ian ~esponded ~hst the fee reduction was based on a square
footage basis.
Tho following o~dinance was
NO. 83-146
AN ORDINANCE AMKZ~O~NQ 8ECTIO~ 1~-3.~ OF CHAPTER 1S OF THE
CODE OF OP. DINAHCE$ OF THE CITY OF D~NTO~, TliZAS; ZNCR]~ASlI4~
US~R FEES FOR CERTAIN PARK ~ RECR~TI~ FACILITIES;
PR~IDIN~ F~ A 8~ILI~ C~B; ~ PBOVIDI~ FOR
Barton notion. Riddleape~ge~ second to adopt ~he o~dinance. On
call vote Ba:~on "aye". Hopkins "aye". S~epheal "ayes.
RiddlelpergeE 'aye". Chew "aye". and MaFoE 8teva~C
F. The Council considec~ adoption o~ aa cEdi,inca
app~oviag the p~opoled reel and cha~ge8 ~o~ use in adBi~ii~e~ing CAe
celete~ies.
S~eve nrin~nan, Di~ec~o~ o~ Par~s and Recreation, sta~ed ~hat ~Ais
~eo vas app:oved in ~he ~s~e: ~ee o~dtnamce.
City of Denton City council
Page Nine
NO. 83-147
AM OtDINANC~ AMH2(DIMG CHAPTER 6 OF ~ ~DE OF
P~XDI~ ~ lN~8~ FEES FOR ~ ~ P~X~,
Riddlelpergo~ motion, Alfozd second ~hat the ordinance bo adopted.
On ~oll call vo~e ~ZCO~ nifo", Hopkins .lye", 8~ephens "ayeu.
Al~oEd "aye", aiddlespe~ge~ 'aye". Choy "aye", iA8 ~yoE
~. ~e Council conside=e~ adoption o~ an o~di~nce
anending the elec~ical ~eof ~0 pEovide ~oz oha~ging the
~ee on apec uni~ blele ~o~ eliving uni~8~ and apaz~nen~ complexes.
Aegis~an~ Ci~y ~gez, Ric~ 6vehla, ~epo~ed a~ ~he last meeting
the City Council had Eoquee~ed additio~l in~oE~ion on the
di~ge~oneeg in ~he new and ~he old ~ees. This was · zesul~ of
~rif~i~h ~ee s~udy ~o generate ~evenue,
Council meube~ Hop~nu ~od Ao~is~an~ City ~nage~ Svehla
p~epa~ing ~he examples and also t~nked ~he Blectzical Code Boa~d.
Council ~mbo~ Hopkins as~ i~ ~he Boa~d ~el~ this would genezate
~he monies
Svehla ~esponded ~he ~ees were based on Elec~ical Code Boa~d
~econenda~ions loo~ing at paf~ history and future pzoJec~ion8.
Activity ~d been very high ~n ~he building inspections e~ea.
~yo~ 5~azt e~a~ed tha~ othe~ citie8 have a ~ow cE ~e~e~s
Svehla ~esponded ~hic the C~Cy o~ Denton vas do~ng ~hac nov.
The ~ol~oMinq o~d~nance wis
~. 83-~48
~. PR~XDING FOR INCENSED FEES FOR BLEmiSh PE~X~,
~ ~C~X~ ~ ~l~ ~TE.
~iddlespe=ge= ~o~ion. ~=~on second to adop~ the o=d~nanoe. On ~oll
Riddlespm~ger nlyen. Ch~ "ayl". I~d ~og 5CIWI~C "aye".
C/~Eied unaniaouely.
H. The Council conlide~ed adoption o~ an oEd~unce
Ka~hryn Unrey, Perio~el ~miniftra~or, reported that ~hil ordinance
would au~horiso ~ax de,erred g~a~us. This I~ hag boon approved and
if app~ovo~ ~ ~he Council ~uld go in~o eE~ec~ on JanueEy 1,
John 5~w, P~eiidenC oE the Boa~d of T~ui~ees o~ the F~te Pension
Fund. strongly rose.ended the adog~ion ct ~ls o~dinanoo.
Council Bede= ~on stated he believed this would be very
benoEioial.
The roll.inS ordi~nce was ~=esented:
~, 83-149
~ ~I~CE PE~I~I~ D~N FI~FIg~BR5 ~O ~E ~ERS
OF ~ D~ FIR--'8 RELIEF ~ RRT~ F~ ~ DEFER
City of Denton City .council Minutee
Meeting of Deceaber 20, 1983
Page Tot',
FEDERAL INCCOiB TAXES ON THEIR MONTHLY CONTRIBUTION8 TO THE
PENSION FUND FROM TH~ TIME CONTRIBUTION8 ARR MAD~ TO THE
LATER TINE BENEFITS ARE RECEIVED AND DRCLARII~] AM BFFgCTIV~
DATE.
Che~ motion, Barton second to adopt the o£dinanco. On roll cell
vote Bitten "ayen. Hopkins .lyen. Stephene .ayes, Alford .ayen,
Riddleeperger "aye", Chew neye., and Meyor Stewart neye.. Motion
car:Sod unanimously.
5. The Council considered the request of Oenezal Telephone
Company to delete the laet six lines of Ioction XVIII of tho
proposed f~anchise ordinance.
Assistant City Manager Rick Svehla stated that the Council had
p£lvioully tabled thio request.
Tal~s had been held with the ~[ty Attorney end Jeanne Dean o~ OTB
regarding the hiring of a consultant to conduct · rate study. The
question was centered around whether the Public Utility Commission
would stay in effect during the length of the telephone
ordinance.'
Council member Hopkins asked o~ the City Attorney if the Wording in
the packet wes what he would suggest.
City Attorney Taylor responded that the Council should pass a
resolution validating the ordinance as long es the l'ublio Utility
Comaiselon vas in existence.
Jeanne Dean. cepresentative from the Oeneral Telephone Company.
stated that the wording wes acceptable to the phone company.
Hopkine motion, Chew second to prepare a zeeolution with the intent
as suggeeted by the City Attorney. Motion ca~ried unanimously.
6. The Council considered providing water/sever se~vioe
for.:l~. R. O. McDonnell outside of Denton city limits to serve
sinqle family residential subdivision,
Bob Nelson. Director of Utilities, repo~ted that Mr. McDonnell
planned to develop a 515 ~esidential lot addition. The City did
hive a eertifioete of necessity in this area. The size of the
dey~lopment would require a 10 inch water line for approximately 9O0
feet and Would ~equlre two lift etationss
itlyor Pro TeB. Riddlespergez ]eked Why this area should not be
annexed.
council member Hopkinl stated, in re~erenae to the summary in the
agenda back-up material this out,ell line would not have any
significant
Nelson responded the line wes ~rtqiuall~ put in by Vacation Village
and presently the City did not have a p~ogram to request oversized
linee.
Council member Hopkins asked about the Champion Mobile Home line.
Nelson responded that that line would go in the other direction.
council member Hopkins asked if future development Would require
additional out£all lines.
Nelson responded yes at the present time the City would
cuetomere on dead end water lines.
Meeting o~ December 20. 1983
Page Eleven
impact of developments on City sezviees.
Hopkins motion, BAXton sassed to appzove the vate:/sever service
Mt. Nel)onaell. Notion carried unanimouuly.
Stephens motion, Chew second directing the staff to proceed
annexation in this area. Motion carried unanimously.
7. Tho Council considered providing water/sever service for
Holigan Development, ~nc. outside Denton city limits to serve ·
acre mobile home parA.
Bob Nelsou. Director o~ ~tilt~ies stated the staff bad received
:equest from the developer. The proposed site for a 380 unit mobile
home pa~k vas one hal~ mile east of the Hicko:y Czee~ li~t station.
The p:ope~ty ~ae within tho oztEst~ritorisl Ju~lsdiction of
City And the City had a certificate ~f necessity and convsni~onee to
Hopkins umtion, Alford secoad to ipprove the wader/sewer: lorries ~o~
Holigan Development, Inc, Motion pissed unanimously.
chew motion, Hopkins second to proceed with annexation in
ares. Notion ca:tied unanimously.
8. Tl~e Council considered revision of the 1983-84 Utility
Department Capital Improvement Plan.
Bob Nelson, ~icecto: of Vtilities, reported that the capital
inp~oveme~ts p'rograu had been developed ~o£ tho Utility Department
~ater/#estewite= Be:vices based on an anticipated $2,000,000
$2,500,0OO in bond miles. ~taf£ would go forward with the
$1,000,0OO bond ilsue and scale bac~ and readjust capital
improvements. Nelson 'discussed with the Council the vicious
projects which would be deleted such as $47,000 fcc i 14 inch water
line in front off Jostons to alleviate a bottleneck.
~ayor 9teYart isled ig there were any items chat the Public Util'i~y
Board objected to being deleted end did the Public Utility Board
want to moot with the City'Council.
Nelson responded that the P~lio ~tility Board might want to discuss
the flow control valve flor the. City of Corinth and remitments whibh
hsd been mede to oversisinq in ~ceis which were not annexed.
Council me,bec Hopkins ss~ed that if the increase in ovsrsizing wes
continued, would $35,000 bo enough.
Halson stated that i£ a n~ber of developers begin week and ~ocked
rapidly, tho staff might*~have to as~ flor additional increases.
Hopkins motion, Barton second "to appr6ve the revision in the capital
improvements program. ~"~ '~ " " ~ ~ /~
9. Council considered approval fez £inal paylents for
construction in engineering services for the Wastewater
Pllnt, Hickory Creek Li£t ~tation and interceptor lines.
Bob Nelson, DlgOctoc of Utilities, stated that there ~e:e two
portions to t~ese pa~ents. One was a final payment to ~rscon and
the othe~ was a final payless to Red ~iver Construction Company for
the Li£~ 8tltion. Tho total amount of pal~aents was $81,260 and all
work bad been completed.
Stephens motion, Chew second to approve the final payment. Motion
ca~ried unanimously.
City o£ Denton City Council Ninutee
Meeting of Deoember 20, 1983
Page Twelve
lO. Council conside:ed approval of s recomtendat~n £or Bid ~
9212 for health and life insurance program for the Cl~yi~f Denton,
Ka~hry~ Usrey, Personnel Adminis~ra~or. ~epozted th&~ 7 bids ~d
been ~eoeived. One was ~or fully insured p~og~a~ an~~ one was
adminia~Ea~ive se~vice~. S~a~ was ~eoo~ending ~0 ~c~n~lnue
adBinis~ative services Only wi~h Life Insurance C~a~ of
Bou~h~8~ ~0~ a 3 year period. Us:oF also a~ated ~,,~he City vis
con~lnuing cla~ Would ~ve to be paid by the City. ~fe
Colpan~ ~E' ~he~ou~h~s~ ~ould consider this as a ~ene~."
Coun~"~ube~,'Chew"~haa~e~ ~=e~,~o~ cla=i~y~ng ~he i~o~tion
Ua~Iy {lsgondld no.
Ua~ ~eplied that ~he Ci~ could ~abid ~i~h ~ha~ a~ a ~ovision.
~e~ica~e benefits, ,~.~
R~dleapezge~ motion, Che~ second ~o appzove ~he =ec~e~a~ion o~
t~ b~d ~oz the health and life insurance p~og=am. MoSlem'.ca::led 6
~1 ~ith'Council membe~ 8~ephens caa~ing ~he nay vote.
11'. The~e vas no official action on Executive Se~Aoa I~ems o~
12.' New Business
~%~,~OllOWing items of ney business veze ~m~ues~ed by~City Council
~ncil mo~be~ S~ephens asked ~o~ a ~epo~ on ~ho s~a~,: o~ Loop 289
a~,Colo~ado Boulevard.
C~M~oil membi~ ~S~e~e~ asked f~ i ,~ 'on demand ~O~e~
1383~