Minutes June 2, 1987130
City of Denton City Council Minutes
June 2, 1987
The Council convened into the Work £ession at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
The Council received an update on the radio system.
Rick Svehla, Deputy City Manager, stated that at the present
time 74 radios had been committed to the system. Some of the
bigger entities, such as the County and the School District,
had not yet committed to the system. The State School had made
a verbal commitment for approximately 30-40 radios. Proposed
changes would be that in 1987-88 there would be a payment on
the interest for the bonds. This needed to be done so that the
bonds would sell at a good rate. No conversion would be done
in the early years as was once thought and more interest was
needed by various entities. There would be no problem with the
City not issuing the bonds on the 16th of June if there were
not enough radios committed by them.
Lloyd Harrell, City Manager, stated that if the County did not
go on the system, there were alternative funding packages that
could be looked into so that this opportunity did not pass the
City by.
It was the consensus of the Council to continue as planned.
2. The Council convened into Executive Session to discuss
legal matters, real estate, personnel and board appointments,
more specifically, board and commission appointments. No
official action was taken.
The Council then convened into the regular meeting at 7:00 p.m.
in the Council Chambers.
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
1. The Council considered approval of the minutes of the
special call meeting of May 1, 1987, the regular meeting of May
5, 1987 and May 12, 1987.
Council Member Hopkins pointed two two typographical errors
that had been made and asked the City Secretary to change such.
McAdams motion, Ayer second to approve the minutes with the
corrections as stated. Motion carried unanimously.
City of Denton City Council Minutes
June 2, 1987
Page 2
2. The Council received presentations of beautification
awards to Mr. Ellis Thomas, Mr. and Mrs. John Brooks, Dr.
Millie Johnson, and the Center for the Visual Arts.
Mr. Bob Tickner, Superintendent of Parks, stated the Ellis
Thomas and Mr. and Mrs. John Brooks had received the awards in
the residential category. Dr. Millie Johnson and the Center
for the Visual Arts had received the awards in the commercial
category. Mary Lee Kendricks accepted the award for the Center
for the Visual Arts.
Item 6.A. was moved ahead in the agenda order.
6. Resolutions
A. The Council considered approval of a resolution
in appreciation of Milton "Shep" Scogin.
The following resolution was presented by Mayor Stephens:
RESOLUTION OF APPRECIATION
A RESOLUTION IN APPRECIATION OF MILTON "SHEP" SCOGIN
AND DECLARING AN EFFECTIVE DATE.
McAdams motion, Gorton second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Mayor Stephens congratulated Mr. Scogin for all the years of
work he had done in the reserve service.
B. The Council considered approval of a resolution
temporarily closing the 100 block of North Elm, West Oak, North
Locust and West Hickory (The Square) from 6:00 a.m. until 12
midnight on September 19, 1987 for County Seat Saturday.
The following resolution was considered:
RESOLUTION NO, R87-036
A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF
NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100
BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST
HICKORY STREET ON SEPTEMBER 19, 1987; AND DECLARING AN
EFFECTIVE DATE.
Geneva Berg, Central Business District, stated that the
celebration last year was such a success that it wa~ requested
again this year. The theme this year would be in the spirit
and tradition of the past.
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City of Denton City Council Minutes
June 2, 1987
Page 3
Ayer motion, McAdams second to approve the resolution.
vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "ayes" Boyd "aye," and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
C. The Council considered approval of a resolution
temporarily closing Pembrooke and Lynhurst Streets at the
intersection of Pennsylvania and Longridge on June 20, 1987
from the hours of 2:00 p.m. until 11:30 p.m. for the purpose of
having a neighborhood block party.
The following resolution was considered:
RESOLUTION NO. R87-037
A RESOLUTION TEMPORARILY
LYNHURST STREETS ON JUNE 20,
EFFECTIVE DATE.
CLOSING PEMBROOKE AND
1987; AND DECLARING AN
Zane Lemon stated that the block party was so successful last
year that all the area residents wanted to hold it again this
year.
The Council returned to the regular agenda order.
Public Hearings
A. The Counc~ :onsidered approval of a petition of
Metroplex Engineering C.~poration, representing Country Club
Place Joint Venture, requesting the amendment of a planned
development and approval of a detailed plan. The property was
located at the southeast corner of FM 1830 and Hobson Lane and
was approximately 6.505 acres located in the T. Martin Survey,
Abstract 900. If approved, the detailed plan would permit the
development of zero lot line houses on 5,000 square foot lots.
(Z-1844)
The Mayor opened the public hearing.
Greg Edwards, Metroplex Engineering, stated that this was a
revised detail site plan. The previous request had been for
duplexes, four-plexes and multi-family type usage. A more
unified community development was being presented. Attached
single family lots were being suggested in order to make the
area appear more unified. The density would be reduced in the
area and a pool and tennis court would be added.
No one spoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
June 2, 1987
Page 4
Denise Spivey, Urban Planner, stated that 5 reply forms had
been mailed with 1 r~turned in favor and 0 in opposition. The
petition requested a change from attached and detached
townhomes/patio homes to attached housing. Both the density
and intensity would be reduced and the overall design would be
improved. The Planning and Zoning Commission voted 7-0 in
favor of the petition.
The following ordinance was considered:
NO. 87-096
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE PLANNED DEVELOPMENT DISTRICT CREATED BY ORDINANCE
85-256, AS AMENDED, TO PROVIDE FOR THE APPROVAL OF A
DETAILED PLAN FOR A PORTION OF THE DISTRICT; SAID PLAN
CONSISTING OF 6.5 ACRES LOCATED NEAR THE SOUTHEAST
CORNER OF THE INTERSECTION OF FM 1830 AND HOBSON LANE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance.
" Alexander "aye," Hopkins "aye,
vote~ McAdams "aye, ,,
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
B. The Council held a public hearing concerning the
proposed annexation of 212.12 acres being a part of the I. Coy
Survey, Abstract No. 212; J. Ayers Survey, Abstract No. 2; B.
Burleson Survey, Abstract No. 65; N. Coker Survey, Abstract No.
249; and the R. Johnson Survey, Abstract No. 666. (A-46)
The Mayor oPened the public hearing.
Cecile Carson, Urban Planner, stated that this was a petition
of the City of Denton. It would be a 500' strip along the I35
corridor. This was a reduction from a previous annexation from
700'. This annexation would allow for control of land use and
future land use. The City could also expand to the east and
west with this annexation. 32 reply forms were mailed with 0
returned in favor and 5 returned in opposition.
Lisa Katz, Denton Joint Venture, spoke in favor stating that
the 500' strip was fine with her and her associates.
No one spoke in opposition.
The Mayor closed the public hearing.
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Con~ensus of the Council was to continue with the annexation
process.
City of Denton City Council Minutes
June 2, 1987
Page 5
Consent Agenda
Alexander motion, Hopkins second to approve the Consent Agenda
as presented. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid #9742 - Tires and Service
2. Bid #9747 - Chemicals - Water Treatment
3. Bid #9745 - Texas Instruments Water and
Sewer - Part III (City)
4. P.O. #78766 - Utility Equipment Company
$12,783.53 - repairs
B. Plats and Replats
Consider approval of preliminary plat of the
Country Club Place Addition, Lots 3 through
36, Block A. (The Planning and Zoning
Commission recommends approval.)
Consider approval of preliminary and final
replat of the Foxhunt Addition, Part of Lots
8 and 27. (The Planning and Zoning
Commission recommends approval.)
Consider approval of preliminary plat of the
Gigliotti Addition, Lot 1, Block 1. (The
Planning and Zoning Commission recommends
approval.)
C. Final Payments
1. Consider approval of a final payment on
Stuart/Pershing Outfall project, Change
Order #3
5. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
City of Denton City Council Minutes
June 2, 1987
Page 6
The following ordinance was considered:
NO. 87-097
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Ayer second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 87-098
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
" Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
~] carried unanimously.
C. The Council considered adoPtion of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
The following ordinance was considered:
NO. 87-099
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS
OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motion, McAdams motion to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
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City of Denton City Council Minutes
June 2, 1987
Page 7
D. The Council considered adoption of an ordinance
amending Ordinance No. 87-043 designating and establishing
speed zones for east and west bound traffic on U.S. Highway 380
from its intersection with interstate Highway 35 to western
city limits for a distance of 2.592 miles.
The following ordinance was considered:
NO. 87-100
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
FOR EAST AND WEST BOUND TRAFFIC ON U.S. HIGHWAY 380
FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 35 TO
WESTERN CITY LIMITS FOR A DISTANCE OF 2.592 MILES;
REPEALING ORDINANCE NO. 83-03; PROVIDING FOR A PENALTY
OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that this was near the
Selwyn School and was a matter of housekeeping.
Council Member Boyd asked if this area was eligible for the new
65 mile per hour speed limit.
Rick Svehla, Deputy City Manager, replied that the area did not
apply for the new speed limit in that it was a state highway
and the new speed limit applied only to the interstate highways.
Alexander motion, McAdams second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "ayet" and Mayor Stephens
"aye." Motion carried unanimously.
E. The Council considered adoption of ordinance and
service plan instituting annexation of 69.1694 acres being part
of the S. Venter Survey, Abstract No. 1315; C. Chacon Survey,
Abstract No. 298; J. Baker Survey, Abstract No. 47; J. Dickson
Survey, Abstract No. 342; and the A. Cannon Survey, Abstract
No. 232, and located adjacent and south of FM 2181 and east of
Old Alton Road. (A-48)
The following ordinance was considered:
NO. 87-
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CIT~ OF DENTON~ TEXAS; BEING ALL THAT
LOTt TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 69.1694 ACRES OF LAND LYING AND BEING
City of Denton City Council Minutes
June 2, 1987
Page 8
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE S. VENTER SURVEY, ABSTRACT NO. 1315,
C. CHACON SURVEY, ABSTRACT NO. 298, J. BAKER SURVEY,
ABSTRACT NO. 47, J. DICKSON SURVEY, ABSTRACT NO. 342,
AND THE A. CANNON SURVEY, ABSTRACT NO. 232, DENTON
COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL
"A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE.
McAdams motion, Ayer second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
F. The Council considered adoption of an ordinance
and service plan annexing approximately 80.82 acres being part
of the James Coltart Survey, Abstract No. 288, and located
northwest of Loop 288, north of Kings Row, and west of Farris
Road. (A-42)
The following ordinance was considered:
NO. 87-101
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 80.82 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE JAMES COLTART SURVEY, ABSTRACT NO.
288; DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
Cecile Carson, Urban Planner, stated that this was the final
action on a proposed annexation north of Loop 288, adjacent to
a development by Teasley Road Associates. The adjacent
property was zoned and annexed last year. A proposed single
family developed was planned if annexation was completed.
Hopkins motion, McAdams second to adopt the ordinance.
vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
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City of Denton City Council Minutes
June 2, 1987
Page 9
G. The Council considered approval of an ordinance
establishing cost for street lighting services pursuant to
section 25-21 of Chapter 25 of the Code of Ordinances and
repealing ordinances in conflict therewith.
The following ordinance was considered:
NO. 87-102
AN ORDINANCE ESTABLISHING COST FOR STREET LIGHTING
SERVICES PURSUANT TO SECTION 25-21 OF CHAPTER 25 OF
THE CODE OF ORDINANCES; REPEALING ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
Bob Nelson, Executive Director of Utilities, stated that once a
year the ordinance was looked at for actual cost for providing
the street light fixtures. This was an annual cost adjustment.
McAdams motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
H. The Council considered approval of an ordinance
approving a contract for the City's participation in the cost
of installing an oversized water main; authorizing the Mayor to
execute the contract; and approving the expenditure of funds.
The following ordinance was considered:
NO. 87-103
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S
PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED
WATER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOREt AND PROVIDING FOR AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
was a water line being installed by Texas Instruments to
~ervice their new facility. The Public Utilities Board
recommended approval.
Alexander motion, McAdams second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye t" Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "ayes" and Mayor Stephens
"aye." Motion carried unanimously.
City of Denton City Council Minutes
June 2, 1987
Page 10
I. The Council considered approval of an ordinance
approving a contract for the City's participation in the cost
of installing an oversized sewer main; authorizing the Mayor to
execute the contract; and approving the expenditure of funds.
The following ordinance was considered:
NO. 87-104
AN ORDINANCE APPROVING A CONTRACT FOR THE CITY'S
PARTICIPATION IN THE COST OF INSTALLING AN OVERSIZED
SEWER MAIN; AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT; APPROVING THE EXPENDITURE OF FUNDS
THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE.
139
Bob Nelson, Executive Director of Utilities, stated that this
item was also for the new Texas Instruments facility. The
Public Utilities Board recommended approval.
Debra Drayovitch, City Attorney, stated that several original
contracts had been brought to the City by the officials of
Texas Instruments. The developer had proposed to delete
language on page 2 of the contract but Drayovitch recommended
that the Council pass a contract that had not been amended.
Greg Edwards, Metroplex Engineering, stated that he thought the
problem was with giving title to an easement which Texas
Instruments had no part of.
Drayovitch suggested postponing a vote on this item until the
next meeting.
Council Member Alexander suggested approving the original
document and if that was not agreeable with the developer, then
he could refuse the agreement and an adjustment could be made
next week.
McAdams motion, Ayer second to adopt the ordinance as
originally prepared by the City of Denton. On roll vote,
McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
6. Resolutions
Items A., B., and C. were acted on earlier in the meeting.
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City of Denton City Council Minutes
June 2, 1987
Page 11
D. The Council considered approval of a resolution
by the City of Denton, Texas, authorizing the City Manager to
sign and submit to the Department of Housing and Urban
Development a final statement of objectives and projected use
of funds with appropriate certifications, as authorized and
required by the Housing and Community Development Act of 1974,
as amended.
The following resolution was considered:
RESOLUTION NO. R87-038
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE
CERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1994, AS
AMENDED.
Barbara Ross, Community Development Block Grant, stated that
the application would approve approximately $578,000 worth of
funding for the next fiscal year. The CDBG Committee was
recommending that the funds be spent as followed: $300,000 for
housing rehabilitation, $30,000 for demolition for substandard
structures, $102,000 for the Phoenix Apartments, $960 for a
smoke detector program, $25,000 for a small business incubator
study and $113,000 for administration of the program.
Mayor Pro Tem McAdams asked why federal funds were being spent
on another federal program. She wondered if other avenues had
been sought for the renovation of the Phoenix Apartments.
Mayor Stephens stated that the recommendation had come from the
citizens committee and not from the federal government.
Ross stated that there had been quite a lot of citizen input at
the public hearing and that many individuals had requested
funding for the Phoenix Apartments.
McAdams was concerned if there were not other funds to renovate
the Apartments without having to always use funds that may go
to other projects.
Joe Gordon, Director of the Housing Authority, replied that
there were no other funds available for the Phoenix Apartments.
Boyd motion, McAdams second to approve the resolution.
voter McAdams "aye," Alexander "aye," Hopkins "aye,"
"ayev" Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
City of Denton City Council Minutes
June 2, 1987
Page 12
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following items:
A. COG was hosting its annual meeting on June 12th.
Council members needed to decide if they wanted to attend.
B. Harrell presented a potential revenue raising
issue - expanding the sales tax to cover telecommunications.
This needed to be done before June 30.
8. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
9. New Business
The following items of new business were suggested by Council
Members:
A. Council Member Ayer requested staff to provide
information to the Council concerning rights, responsibilities,
option of the City in regard to utility districts, specifically
what can the City Council do to make sure people who purchase
property in an area where a utility district had been voted are
made aware of that fact.
B. Council Member Boyd suggested that as part of the
maintenance of vacant lots, the program include the fire ant
control.
10. The Council reconvened into the Executive Session to
discuss legal matters, real estate, personnel and board
appointments. More specifically to hold a discussion regarding
Board and Commission appointments. The following action was
taken:
A. The Council appointed Mr. Murray Ricks to the
~Board of Adjustment.
With no further business, the meeting was adjourned.
JENNIFER WALTERS, CITY SECRETARY
CITY OF DBNTONv TEXAS
RAY STEi~HENS, MAYORu
CITY OF DENTON, TEXAS
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