Minutes June 23, 1987160
CITY COUNCIL MINUTES
June 23, 1987
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Ayer, and Boyd.
ABSENT:
Council Members Alexanaer, Gorton, and Hopkins.
Item #2 was moved ahead in the agenda order.
2. The Council received a report on TMPA activities irom
City of Denton TMPA Board officials.
Dr. Roland Vela presented an ofiicial written statement from
the TMPA General Manager, Ed Wagoner, responding to some
concerns/questions that had been raised Dy the Public Utilities
Board and the City Council.
Richard Stewart stated that the budget for next year would be
$29.3 million less than last year. It would be the best budget
so far and it had been given to members of the Board in plenty
of time to study it.
Council Members Alexander, Gorton and Hopkins ]oined the
meeting.
1. The Council convened into Executive Session to discuss
legal matters, real estate, personnel and board appointments.
More specifically to bola a discussion oY litigation including
Maverick vs. the City of Denton and the County o~ Denton vs.
the City of Denton. No of[iclal action was taken.
The Council then convened into the special call 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 received a presentation of t~e Government
Finance Officers' Association award for distinguished budget
presentation.
Lloyd Harrell, City Manager, stated that this was a high honor
for the City and for the Council.
Deborah Forte, Regional Director for the Texas Government
Finance Officer's Association, presented the award to John
McGrane, Executive Director of Finance.
161
City of Denton City Council Minutes
June 25, 1987
Page 2
2. The Council considered a request from the Kiwanis
Children Clinic to place a banner across N. Locust at the
intersection of Pecan Street from June 24 July 5, 1987.
John Adami, Kiwanis Club, requested that they be allowed to
place the banner for their July 4th event.
Alexander motion, Hopkins second to approve the request.
Motion carried unanimously.
3. The Council considered a request from the North Texas
Fair Association to hang banners across N. Locust between Oak
and Pecan and across N. Elm between Oak and Pecan Streets from
August 3 - August 30, 1987.
Susan Phillipa of the Fair Association requested that they be
allowed to place the banner for the North Texas Fair.
McAdams motion, Hopkins second to approve the request. Motion
carried unanimously.
4. The Council received a report from Dr. Roland Vela
regarding the proposed tree ordinance.
Dr. Vela stated that many large trees had been cut down in
south Denton. He asked that the process for the tree ordinance
be speeded up to protect area trees. He presented the Council
with a copy of an ordinance from the City of Austin to perhaps
use as a model for the City of Denton's ordinance.
5. The Council received a report from Mr. Truman Harp
regarding a water drainage problem on Robinwood Street.
Mr. Harp resided at 2401 Robinwood. His problem was that the
City was going to block an easement that went to the back
portion of his property. Mr. Harp used that easement for 11
years as a driveway to the back portion of his property. He
had presented two alternatives to the City Engineers but was
told that those alternative would not work. He suggested that
the Council Members drive past his property and view the
easement.
6. The Council considered a petition of Cross Timbers
Girl Scout Council requesting a specific use permit in an
agricultural (A) zoning district on a S.4 acre tract located at
4000 Nest University Drive (U.S. Highway 380). The property
was further described as Lot 6, Block E, Ranch Estates
Subdivision. This property was currently the site of an
abandoned veterinary clinic. If approved, the specific use
permit would allow the utilization of the existing structure
and premises for use as the office/headquarters and
activity/training center of the Cross Timbers Girl Scout
Council. S-193
162
City of Denton City Council Minutes
June 23, 1987
Page 3
The Mayor opened the public hearing.
Carol Roberts, Executive Director of the Girl Scouts, spoke in
favor of the petition. She stated that the site would be
administrative offices and headquarters for the Girl Scout
Council. It would also be a training facility for the Girl
Scout leaders. It was not the intent of the Scouts to have
unlimited camping on the site and all activities would be well
supervised. The size, location and sanitation facilities
limited the use, by camping standards, set by the Girl
Scouts-U.S.A. as well as the State. The activities on the site
for overnight purposes would be for adult/older girl training
in camping skills, hosting traveling troops from other
Councils, a gathering of a troop embarking on a trip to leave
the next morning. All of these activities would be limited in
size as stated by previous standards. Roberts stated that
there was some communication difficulties with Planning and
Zoning which possibly stemmed from the difference in
definitions of the term "camping". She had a problem with the
restriction placed in the ordinance Dy Planning ana Zoning
which restricted no overnight camping at the site.
Mayor Pro Tem McAdams asked Roberts for her definition of
"camping".
Roberts stated that overnight camping to Planning and Zoning
meant unrestricted large numbers of girls. That would not be
the case as there were other sites available ~or large numbers
of girls. The site would not permit a large number of girls or
adults at one time. Planning and zoning's concern was the
noise factor at night for a large group of girls because of the
residential area.
Lloyd Harrell, City Manager, stated that the recommended
ordinance from Planning and Zoning stated two conditions ~or
the special use permit. The conaition that was of concern to
the Girl Scouts was that overnight camping would not be
permitted. Staff had several recommendations ~or the Council
in dealing with the camping issue. The first recommendation
was to insert "overnight-outside camping shall not be
permitted". That would be an amendment to the ordinance which
would allow the Girl Scouts to proceea with the purchase o~ the
property. The second recommendation was that any other more
comprehensive change in the ordinance, such as allowing camping
under certain conditions, be considered an amendment to the
specific use permit and would go back through the Planning and
Zoning process. If the process needed to go back to Planning
and Zoning, staff recommended to Council that the fees required
for rezoning be waived.
Council Member Boyd asked if the property was in the flood
plain.
City of Denton City Council Minutes
June 25, 1987
Page 4
163
Roberts stated that the property was in the flood plain but
drainage work was planned with a drainage ditch in front and a
change in the water flow toward the easement.
Mark Chew spoke in favor of the petition. He felt that it was
a worthwhile project and asked that the Council pass the
petition.
Dixie Clardy spoke in favor of the petition. She stated that
the Council had grown considerably over the years and needed
office space to meet its needs. The site would house overnight
camping only for training purposes.
Council Member Alexander asked if the Scouts were comfortable
with the conditions as stated by the City Manager.
Clardy replied that she felt uncomfortable with those
conditions since the training purposes would require outside
camping.
Council Member Hopkins stated that the sale of the property
might depend on the camping issue and that the project should
not be held up because of that one issue.
Debra Drayovitch, City Attorney, stated that the advertisement
of the public hearing listed office use and administrative use,
not camping. The public was not aware of any other use than
administrative and office use.
Jonita Borchardt asked if the ordinance as presented were
approved, what would that do in regards to getting fewer
restrictions or presenting another program with Planning and
Zoning.
Mayor Stephens replied that the Council could send the proposal
back to Planning and Zoning and waive the fees to work out the
details of the camping issue.
Council Member Boyd asked if the ordinance was passed in the
current form and no outside camping was available, would the
Scouts want the property.
Borchardt stated if the outside of the property could not be
used as was initially intended, they may not want the
property. She stated that they were to close on the property
on Wednesday.
Betty Webb spoke in favor of the petition. She stated that the
land use was important to the overall use of the facility. The
training would be for adults/older youth which would never be
more than two nights at one time.
No one spoke in opposition.
City of Denton City Council Minutes
June 25, 1987
Page 5
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that the original petition
was for office use and that the staff had evaluated the
proposal based on that use. As the property was in the flood
plain and the flood way, there would be improvements necessary
for drainage. Six reply forms were mailed with 1 returned in
favor and 1 in opposition. A concern was raised by residents
regarding noise, safety and supervision.
Council Member Gorton left the meeting.
Item 6.B. was moved ahead in the agenda order.
B. The Council considered a petition of City of
Denton requesting a change in zoning from agricultural (A) to
single family with 7,000 square foot lots (SF-7). The property
was located east of Audra Lane at the intersection of Lattimore
Street and Oak Tree Street and was described as Lots 20-28,
Block A; Lots 1-11, Block B; and Lots 8-10, Block C, of the
Audra Estates Addition. Z-1858
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Gorton returned to the meeting.
Cecil Carson, Urban Planner, stated that this was a platting
issue. The Audra Estate subdivision was approved in 1984 with
a portion of the property zoned agricultural and platted with
SF-4 land use. This was a petition to correct that
difference. The Planning and Zoning Commission recommended
approval.
1. The Council considered adoption of an
ordinance approving a change in zoning on Lots 20-28, Block A;
Lots 1-11, Block B; and Lots 8-10, Block C, of the Audra
Estates Addition.
The following ordinance was considered:
NO. 87-114
AN ORDINANCE 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. 69-1, AS AMENDED, AND AS SAID MAP
APPLIES TO LOTS 20 THROUGH 28, BLOCK A; LOTS 1 THROUGH
11, BLOCK B; AND LOTS 8 THROUGH 10, BLOCK C OF THE
City of Denton City Council Minutes
June 23, 1987
Page 6
165
AUDRA ESTATES ADDITION, LOCATED EAST OF AUDRA
LANE AT THE INTERSECTION OF LA~TIMORE STREET AND
OAK TREE STREET, AS IS MORE PARTICULARLY
DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN
ZONING CLASSIFICATION FROM .AGRICULTURAL
DISTRICT CLASSIFICATION AND USE DESIGNATION TO
SINGLE-FAMILY "SF-7" DISTRICT CLASSIFICATION AND
USE DESIGNATION; PROVIDING FOR A PENALTY IN A
MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander 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.
e
Consent Agenda
Mayor Stephens stated that Item 7.A.1. was pulled for public
discussion.
McAdams motion, Boyd second to approve the Consent Agenda with
the exception of Item 7.A.1. Motion carried unanimously.
Lloyd Harrell, City Manager, stated that 7.A.1. was being
recommended by staff to go to the second lowest biGGer.
John Marshall, Purchasing Agent, stated that he had been
notified by the R. L. Roberts Construction Company, the low
bidder, that they woulQ not be aDle to perform the contract.
The Company was going to file for bankruptcy. The next low biQ
was from the Jagoe-Public Company and that was the bid that was
being recommended.
Council Member Gorton asked if the withdrawal Dy R. L. Roberts
was in writing.
Marshall replied no. He assumed that it was the advise of his
attorney not to put anything in writing at this time.
McAdams motion, Hopkins second to approve Item 7.A.1. on the
Consent Agenda. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
Bid #9752 - Lillian Miller Parkway Paving &
Drainage
166
City of Denton City Council Minutes
June 23, 1987
Page 7
2. Bid #9756 - Avenue C Paving & Drainage
8. Ordinances
A. 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. 87-115
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, Alexander second to adopt the ordinance. On
roll vote, ~cA~ams "aye," Alexander "aye," ~opkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
B. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and the State
of Texas for installation of a traffic signal controller at the
Interstate Highway 35 frontage road intersection with United
States Highway 380.
The following ordinance was considered:
NO. 87-116
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND THE STATE OF TEXAS FOR INSTALLATION OF A
TRAFFIC SIGNAL CONTROLLER AT THE INTERSTATE HIGHWAY 35
FRONTAGE ROAD INTERSECTION WITH UNITED STATES HIGHWAY
380; AND PROVIDING AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that this agreement
would allow installation of a signal at Hwy. 380 and I35.
Normally the Highway Department would install the signal and
the City would have no control over what Kin~ of controller was
installed. With the contract, the City would be able to
control what kind of controller was used. The City would
install the signal and the State would reimburse the City for
the expense involved.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
" Ayer "aye, " and Mayor Stephens "aye"
"aye, " Boyd "aye, .
Motion carried unanimously.
City of Denton City Council Minutes
June 23, 1987
Page 8
167
9. Resolutions
A. The Council considered approval of a resolution
closing Wye Street from the intersection of Wye and Mill Street
to the intersection of Wye and Cross Timber on July 17, 1987
from 5:00 p.m. to 9:00 p.m. for the purpose of having a street
fair.
The following resolution was considered:
RESOLUTION NO. R87-040
A RESOLUTION TEMPORARILY CLOSING WYE STREET ON JULY
17, 1987; AND DECLARING AN EFFECTIVE DATE.
Jean Cunningham, Fred Douglas-Fred Moore Reunion Committee,
stated that this would be a school reunion for the entire
former faculty and student body. On July 17, there wo'uld be
family activities which would include a street fair to sell
souvenir items.
Boyd motion, McAdams motion to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," $oyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
B. The Council considered approval o~ a resolution
appointing members to the Board of Directors of the Denton
Retirement and Nursing Center Finance Authority.
The following resolution was considered:
RESOLUTION NO. R87-041
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF
DIRECTORS OF THE DENTON RETIREMENT AND NURSING CENTER
FINANCE AUTHORITY; AND DECLARING AN EFFECTIVE DATE.
Mayor Stephens stated that Lloyd Harrell, Rick Svehla and John
McGrane would be appointed members of the Board of Directors.
Hopkins motion, Alexander 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.
The Council returned to Item 6.A.1.
6. Ordinances
168
City of Denton City Council Minutes
June 23, 1987 ~
Page 9
A. Carol Roberts stated that the Girl Scout Council
would trust in the judgment of the City Council along with
directions from the Council to the Planning and Zoning
Commission, and would like the Council to approve the ordinance
with the amendment as stated.
1. The Council considered adoption of ordinance
approving a specific use permit on a 5.4 acre tract located at
4000 West University Drive.
The following ordinance was considered:
NO. 87-113
AN ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A GIRL
SCOUT COUNCIL OFFICE/HEADQUARTERS AND
ACTIVITY/TRAINING CENTER, AS SAID PERMIT APPLIES TO
5.4 ACRES OF LAND LOCATED AT 4000 WEST UNIVERSITY
DRIVE (U.S. HIGHWAY 380); PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
Boyd motion, McAdams 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.
Alexander motion, HopKins second to instruct staff to receive
an application for an amendment relative to outdoor camping
from the Girl Scout Council relative to the Specific Use Permit
in question without any further reference to fees or cost
involved in that process. On roll vote, McAdams "aye,"
Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd
"aye," and Mayor Stephens "aye." Motion carried unanimously.
The Council returned to the regular agenda order.
10.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. A reminder that the formal dedication for Lake
Ray Roberts was scheduled for June 30, 1987 at 11:00 a.m.
Arrangements were made for vans to be available to transport
Council Members and Public Utility Board Members.
B. Commission Ruth Tansey haa participated in the
establishment of a Collin-Denton County EPA Committee. THe
first meeting was for Tuesday evening at 5:0U p.m. Tansey
asked for a staff member to serve on the Committee as well as a
City Council member.
City of Denton City Council Minutes
June 23, 1987
Page 10
169
C. A reminder that the DISD/City Council luncheon
was set for July 7, 1987 at the Redbud Room at TWU at noon.
D. A reminder that the NTSU/City Council luncheon
was set for July 1, 1987. NTSU would be supplying all the
details in the near future.
11. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointment.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gorton asked that the Legal
Department prepare a resolution in support of the passage of
the hospital district. He also suggested hosting a public
forum to give information to the public regarding the hospital
district. Consensus was to proceed as suggested.
B. Council Member Boyd suggested a reexamination of
the use of City parks specifically whether police protection
was being enforced as was indicated.
13. The Council reconvene~ into the Executive Session to
discuss legal matters, real estate, personnel and board
appointments.
The following action was taken:
A. Gorton motion, Hopkins second to approve the
following Board and Commission appointments. Motion carried
unanimously.
AIRPORT ADVISORY BOARD
David Arno
John R. Carrell
Don Williams
Rick Woolfolk
Dante Ferrara
Don Smith
Gene Wright
1986-88
1986-58
1956-88
1987-59
1987-89
1986-88
1987-89
170
City of Denton City Council Minutes
June 23, 1987
Page 11
BOARD OF ADJUSTMENT
Clovis Morrisson, Jr.
Frances LaForte
Merlin Lee
Janeda Peploe
Ralph Morrison
Harold Harkins (ALT)
Deborah Darley (ALT)
1987-89
1986-88
1987-89
1987-89
1987-88
1987-88
1987-89
BUILDING CODE BOARD
Robert Horn
Mike Lewis
Edgar Barnes
Robert Courtney
Alfred "Bud" Green
Cliff Reding (ALT)
Ed Stout (ALT)
1986-88
1986-88
1987-89
1987-89
1986-88
1987-89
1986-88
CABLE TV ADVISORY BOARD
Joseph Fearing
Charlie McNeill
Judith Abbott
G. L. Seligmann
Darlene Whitten
1986-89
1986-89
1985-88
1986-89
1987-90
CITIZENS TRAFFIC SAFETY SUPPORT
COMMISSION
Wayne Autrey 1
Gilbert Bernstein 1
Bruce Chamberlain 1
Doug Chadwick 1
Vivian Edwards 1
Mike Amador 1
Virginia Gallian 1
Gene Gohlke 1
John Tompkins 1
986-8B
986-U8
987-89
987-89
987-89
986-88
987-89
986-88
987-89
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE
Connie Aguilar 1
Don Chipman 1
Sarah Parker 1
Sibyl Evans 1
Rosemary Rodriguez 1
Jo Luker 1
Dennis Stephens 1
Lucy Campbell 1
Connie Wells 1
987-88
986-88
987-89
986-88
986-88
986-8U
9~7-89
987-89
987-89
City of Denton City Council Minutes
June 23, 1987
Page 12
1 71
DATA PROCESSING ADVISORY BOARD
Charles Ridens
Dale Maddry
Ronald G. McDade
Jim Kuykendall
Cengiz Capan
1987-89
1986-88
1986-88
1987-89
1987-88
ELECTRICAL CODE BOARD
Pete Chumbley
David Hoenig
Jim Keffer
Jane McBride
Brad Carrell
Marion Johnson (ALT)
Clyde McWilliams (ALT)
1987-89
1987-89
1987-89
1986-88
1986-88
1987-89
1986-88
HISTORIC LANDMARK COMMISSION
Richard Hayes
Mike Cochran
Catherine Conrady
Janet Shelton
Bullitt Lowry
W.A. Barker
Sandra Matthews
Tom Miller
Gaylen Fickey
1986-88
1987-89
1987-89
1987-89
1986-88
1987-89
19S7-89
1986-88
1987-89
HUMAN RESOURCES COMMITTEE
Linda Brock
Barbara Atkins
Gary Truitt
Trudy Foster
Dorothy Damico
Hector Medina
Anita Cowan
Richard Enos
Irene Price
Myra Crownover
Rudy Rodriguez
1986-88
1987-89
1987-89
1986-88
1986-88
1986-88
1987-89
1987-89
1987-89
1986-88
1986-88
LIBRARY BOARD
David Speck
Lupe Gonzalez
Rodney J. Hutton
Mary Jo Pickens
Margaret Chrisman
Dorothy Atkins
Jean Glasgow
1986-88
1987-89
1986-88
1987-89
1986-88
1987-89
1987-89
172
City of Denton City Council Minutes
June 23, 1987
Page 13
PARKS AND RECREATION BOARD
Dalton Gregory
Gary Kirchoff
Carl Anderson
Rita Pilkey
Catherine Bell
1987-89
1986-88
1987-89
1987-89
198~-88
PLANNING AND ZONING COMMISSION
Bill Claiborne
Ruby Cole
Etha Kiker
William Kamman
Euline Brock
Ivan Glasscock
Judd Holt
1986-88
198~-88
1987-89
1986-88
1987-89
1987-89
1987-89
PLUMBING AND MECHANICAL CODE BOARD
George Becker
Richard Cooper
Bob Sullivan
Jeffrey Johnson
Pete Work
Bill Burley
Joe Mulroy
1987-89
1987-88
1987-89
1987-88
1986-88
1987-89
1987-89
PUBLIC UTILITIES BOARD
Mark Chew
Robert LaForte
Kenneth Frady
Roland Laney
John Thompson
1987-91
1987-91
1985-88
1986-90
1985-89
TMPA BOARD OF DIRECTORS - DENTON REPRESENTATIVES
Ray Stephens
Roland Vela
1987-89
1986-88
CIVIL SERVICE COMMISSION
Derrell Bulls 1986-89
Robert Caldwell 1985-~8
Jack Miller 1985-88
173
City of Benton City Council Minutes
June 23~ 1987
Page 14
B. Alexander motion, Ayer second to appoint Nancy
Boyd as Denton Council representative to the Metroplex Mayor's
Association Committee on the Future. Motion carried
unanimously.
With no further business, the meeting was adjourned.
JENMtFL~:~.'W~AL',~I~ERS, CITY SECRETARY
CITY~DENTOI~, TEXAS
0643e