Minutes October 20, 19873O6
CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 20, 1987
The Council convened into the Work Session 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
1. The Council received a presentation of a report from
the Beautification Task Force.
Jeanne Morrison presented a brief overview of the Committee's
work. She stated that the Committee recommended adopting a
master plan for entrances to the City and to establish the
Beautification Committee as a permanent City committee.
Jim Render presented the Committee recommendations regarding
entranceways to the City, Bill Claiborne presented
recommendations relating to sign ordinances and zoning
regulations, Mike Cochran presented code enforcement
recommendations, John Cooper presented the landscape and tree
preservation recommendations and Theresa Waller related the
Committee's recommendations regarding publicity and projects.
2. The Council held a discussion -regarding a possible
taxi franchise in the City of Denton.
Lloyd Harrell, City Manager, stated that at a previous Council
meeting, Denton Taxi Service had requested an exclusive
franchise for taxi service in the City. Cou'ncil had requested
that the item be placed on a work session to discuss that
possibility. Harrell made reference to a legal interpretation
of current regulations regarding franchises from Joe Morris,
Assistant City Attorney.
Consensus of the Council was not to pursue the matter at that
time. A letter of explanation as well as a copy of Mr. Morris'
opinion would be sent to Denton Taxi.
The Council considered the alignment of Woodrow Lane.
Rick Svehla, Deputy City Manager presented a proposed street
alignment which included proposed medians and median cuts.
Consensus of the Council was to continue with a discussion of
the alignment at a future meeting. ~
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Page 2
4. The Council received a report on unattended pools and
consider directing staff to draft an appropriate ordinance.
This item was not considered at the work session.
S. The Council held a discussion regarding a resolution
designating the date for a runoff election day when such an
election was necessary.
This item was not considered at the work session·
6. The Council did not convene into the Executive Session·
The Council then convened into the regular meeting at 7:00 p.m.
in the Council Chambers.
PRESENT:
Mayor Stephens; Mayor Pro Tom McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: NONE.
Jack Miller, Chairman of the '91 Committee, presented
overview of the progress of the projects.
The Council received an update from the '91 Committee.
aB
Council thanked Mr. Miller and the other members of the
Committee for all the work they had contributed to the
Committee.
2. The Council considered approval of a
temporarily closing Eagle Nest Court for 'a block
October 25, 1987 during the hours of 4:00 ~ 8:00 p.m.
The following resolution was considered:
RESOLUTION NO. R87~063
resolution
party on
A RESOLUTION TEMPORARILY CLOSING EAGLE NEST COURT ON
OCTOBER 2S, 1987; AND DECLARING AN EFFECTIVE DATE.
Gorton motion, McAdams 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.
3. The Council received a report from Mr. George Edward
Terry regarding a newspaper poll done on Flow Hospital.
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Page 3
Mr. Terry stated that he had placed an ad in the' Denton
Record-Chronicle on September 27-29, 1987 asking for citizen
input regarding the Flow Hospital situation. Options for the
poll were sole City ownership, sole County ownership,
non-profit ownership, and close the Hospital. Mr. Terry
received 709 responses. The breakdown of those responses were:
20 responses for sole City ownership (2.8% of the total
responses); 232 responses for sole County ownership (32.7% of
the total responses); 429 responses for a non-profit ownership
(60.5% of the total responses); 17 responses for closing the
Hospital (2.39% of the total responses). There were 11
write-in responses, 7 of those were for joint City-County
ownership and 4 were for selling the Hospital to a for-profit
organization. He stated that 97.5% of the responses indicated
that people wanted Flow to remain open. Of those people who
lived inside the City limits, the responses were in favor of a
non-profit corporation. Of those people who lived outside the
City limits, the responses were in favor of sole County
ownership,
The Mayor thanked Mr. Terry for his presentation.
Public Hearings
A. The Council held a public hearing on a proposed
annexation of approximately 23.126 acres of land being part of
the A. GibSon Survey, Abstract No. 498, and located south of E1
Paseo Drive at Forrestridge. (A-53)
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Cecile Carsons, Urban Planner, stated that this was a request
of the City of Denton. She stated that the property was
currently under construction for SF residences. Due to an
error in an interpretation of where the property w~s located,
the plat was approved and the DroDerty zoned prior to
annexation. November 3, 1987 would be the next public hearing
and final annexation would be on January 5, 1988.
Consensus of the Council was to proceed with the annexation.
City of Denton City Council Minutes
October 20, 1987
Page 4
B. ~ The Council considered a petition of Burke
Engineering, representing Don Curtis of Collin County. Land
Company, requesting approval of a change in zoning from the
agricultural (A) classification to the planned development (PD)
district and approval of a concept plan for light industrial
land use on an 18.1 acre tract located on the north side of
East McKinney Street (FM 426) approximately 600 feet west of
Mayhill Road. The property was further described as a tract in
the M.E.P. and the P.R.R. Company Survey, Abstract No. 927.
Z-1856.
The Mayor opened the public hearing.
Brian Burke, Burke Engineering spoke in favor. He stated that
the petition was for 18.1 acres which already abutted three
light industrial tracts. A good buffer would be incorporated
in the development.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that there were 12 reply
forms mailed to residents. One was returned in favor and zero
in opposition. The petition was for zoning from (A) to (PD)
for (LI) land use. The site was surrounded by (LI) uses. The
Planning and Zoning Commission had recommended approval by a
4-1 vote.
The following ordinance was considered:
NO. 87-171
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 i8.1 ACRES OF LAND LOCATED ON THE NORTH
SIDE OF EAST MCKINNEY STREET APPROXIMATELY 600 FEET
WEST OF MAYHILL ROAD, AS IS MORE PARTICULARLY
DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION, TO PLANNED
DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE
DESIGNATION; PRovIDING FOR APPROVAL OF A CONCEPT PLAN
FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "ayet"
Cordon ~aye,I~ Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
October 20, 1987
Page S
C. The Council considered a petition of Burke
Engineering, representing Teasley Road Associates Three,
requesting approval of a detailed plan for a 13.630 acre tract
located at the northwest corner of Kings Row and Farris Road.
This property was a portion of a previously approved planned
development at this location. If the request were approved,
the following land uses would be permitted:
40 Single Family Detached Lots with a
minimum lot size of 7,000 square feet on
12.063 acres with a density of 3.0 units per
acre
Park on 1.567 acres Z-1866
The Mayor opened the public hearing.
Brian Burke, Burke Engineering, stated that the changes were in
the street and lot layout for the property. The development
was consistent with the intent as originally approved in the
concept plan. Each lot would meet the SF-7 minimum lot
requirements. The drainage, utilities and engineering aspects
of the lots would work better with the proposed changes.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that four reply forms were
mailed with one returned in favor and zero returned in
opposition. This was a request for a detail plan for a portion
of a previously approved planned development. The reason for
the request was for improvement in street 'alignment and lot
layout.
The following ordinance was considered:
NO. 87-172
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
DETAILED PLAN FOR A PORTION OF THE PLANNED DEVELOPMENT
DISTRICT CREATED BY ORDINANCE NO. 86-198. AS SAID PLAN
APPLIES TO 13.6 ACRES OF LAND LOCATED AT THE NORTHWEST
CORNER OF KINGS ROW AND FARRIS ROAD, AS IS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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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October 20, 1987
Page6
311
5. Consent Agenda
McAdams motion, Hopkins second to approve the Consent Agenda as
presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #9784 - Bolivar Street 10" Water Line
2. P.O. #81014 - Pedus Services, Inc.
3. P.O. #81019 - Hewlett-Packard, Co.
B. Plats and Replats
1. Consider approval of preliminary plat of the
Curtis Industrial Addition, Lot 1, Block A.
2. Consider approval of preliminary plat of the
Greenfield Woods Addition, Section IV.,
Phase A.
6. Ordinances
A. The Council considered adoption of
accepting competitive bids and providing for
contracts for public works or improvements.
The following ordinance was considered:
an ordinance
the award of
NO. 87-173
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.
vote, McAdams "ayes" Alexander "ayes" Hopkins "ayes"
"ayev" Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
B. 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.
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City of Denton City Council Minutes
October Z0, 1987
Page 7
The following ordinance was considered:
NO. 87-174
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.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams ay , Alexander "aye," Hopkins "aye,
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the expenditure of funds by the City of Denton for
the annual service fee for membership in the American Public
Power Association and approving the expenditure of funds
therefor; and providing for an effective date.
The following ordinance was considered:
NO. 87~175
AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY
THE CITY OF DENTON FOR THE ANNUAL SERVICE FEE FOR
MEMBERSHIP IN THE AMERICAN PUBLIC POWER ASSOCIATION
AND APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that the
item was for payment of annual fees to the American Public
Power Association and he recommended approval.
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.
D. The Council considered ,adoption of an ordinance
providing for the number of persons authorized to be employed
in each classified position in the Police Department for the
City of Denton, Texas; repealing all ordinances and resolutions
in conflict herewith; and declaring an effective date.
The following ordinance was considered:
City of Denton City Council Minutes
October 20, 1987
Page 8
NO. 87-176
AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS
AUTHORIZED TO BE EMPLOYED IN EACH CLASSIFIED POSITION
IN THE POLICE DEPARTMENT FOR THE CITY OF DENTON,
TEXAS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE.
Gorton 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. The Council considered adoption of an ordinance
accepting the proposal of Washington National Insurance Company
for excess insurance for the City's health insurance plan and
for life insurance for City employees; authorizing the
expenditure of funds therefor; and providing an effective date.
The following ordinance was considered:
NO. 87-177
AN ORDINANCE ACCEPTING THE PROPOSAL OF WASHINGTON
NATIONAL INSURANCE COMPANY FOR EXCESS INSURANCE FOR
THE CITY'S HEALTH INSURANCE PLAN AND FOR LIFE
INSURANCE FOR CITY EMPLOYEES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that items E,F and G were
all related to the health package that Tom Klinck, Director of
Personnel, had reviewed with the Council at the last work
session.
Tom Klinck, Director of Personnel, stated that these three
ordinances were to implement the new health insurance program
which included benefit enhancements. The goal was to provide
City employees and family members wit. h adequate quality health
care at reasonable cost. And to also ensure that the City of
Denton had essential cost controls in place to manage those
benefits provided. This contract was with Washington National
in two sections - one for the excess insurance that would cover
any shock claims above $60,000 and one to provide life
insurance one t~mes the annual salary of employees.
Alexander 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.
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City of Denton City Council Minutes
October 20, 1987
Page 9
F. The Council considered adoption of an ordinance
accepting the proposal of Coordinated Benefit Systems to
provide third party administration for the City's health
insurance program; and authorizing the expenditure of funds
therefor.
The following ordinance was considered:
NO. 87-178
AN ORDINANCE ACCEPTING THE PROPOSAL OF COORDINATED
BENEFIT SYSTEMS, INC. TO PROVIDE THIRD PARTY
ADMINISTRATIVE SERVICES FOR THE,CITY'S EMPLOYEE HEALTH
INSURANCE PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT FOR SAID SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS 'THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Tom Klinck, Director of Personnel, stated that this ordinance
was for the City's third party administrator/coordinator
benefit system to provide claims processing and
administration. It would also provide analysis and management
reporting to be able to target and correct excessive costs in
health claims.
Hopkins motion, McAdams second to adopt the ordinance. On roll
voter McAdams "aye," Alexander "aye," Hopkins "ayev" Gorton
"aye," Ayer "ayes" Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
G. The Council considered adoption of an ordinance
authorizing the Mayor to execute agreements with Southwest
Preferred Health Network for a preferred provider plan and for
health services for its employees; authorizing the expenditure
of funds therefor; and providing for an effective date.
The following ordinance was considered:
NO. 87-i79
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AGREEMENTS WITH SOUTHWEST PREFERRED HEALTH NETWORK FOR
A PREFERRED PROVIDER PLAN AND FOR HEALTH SERVICES FOR
ITS EMPLOYEES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
October 20, 1987
Page 10
Tom Klinck, Director of Personnel, stated that this ordinance
would put in place the preferred provider organization with
Southwest Health Preferred Network which would provide
financial incentives for employees to use cost effective
doctors and hospitals.
Gorton motion, Hopkins 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 adoption of an ordinance
prohibiting the parking of vehicles on the north side of Gary
Street from its intersection with Elm Street to its
intersection with Locust Street when signs are posted; on the
south side of Third Street from its intersection With Elm
Street to its intersection with Locust Street when signs are
posted; providing a severability clause; providing a penalty
not to exceed two hundred dollars; and declaring an effective
date.
The following ordinance was considered:
NO. 87-180
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON
THE NORTH SIDE OF GARY STREET FROM ITS INTERSECTION
WITH ELM STREET TO ITS INTERSECTION WITH LOCUST STREET
WHEN SIGNS ARE POSTED; ON THE SOUTH SIDE OF THIRD
STREET FROM ITS INTERSECTION WITH ELM STREET TO ITS
INTERSECTION WITH LOCUST STREET WHEN SIGNS ARE POSTED;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that items H, I and J
were all related. The new DISD Administration Building was
completed. ~hen the bl~ck was occupied by the Stonewall
Jackson School, Gary Strelet was one~way west bound and Third
Street was one-way east bound to facilitate the movement of
school buses in the area !and to allow unloading on the school
side. Since the school !was no longer there, there was no
longer that need and there was now a need for better access to
the building in both directions. Since the streets would now
be two-way, parking would not be permitted on Gary and Third.
The Administration Building had ample parking and residents in
the area and patrons of the local businesses would be permitted
to park in the lot.
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City of Denton City Council Minutes
October 20, 1987
Page 11
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.
I. The Council considered adoption of an ordinance
of the City of Denton, Texas, providing for two-way traffic
east and west bound on Gary Street between Elm Street and
Locust Street; and providing for an effective date.
The following ordinance was considered:
NO. 87-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR TWO-WAY TRAFFIC EAST AND WEST BOUND ON GARY STREET
BETWEEN ELM STREET AND LOCUST STREET; AND PROVIDING
FOR AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that information for
this item was the same as for Item H.
Alexander 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.
J. The Council considered adoption of an ordinance
of the City of Denton, Texas, providing for two-way traffic
east and west bound on Third Street between Elm Street and
Locust Street; and providing for an effective date.
The following ordinance was considered:
NO. 87-182
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR TWO-WAY TRAFFIC EAST AND WEST BOUND ON THIRD
STREET BETWEEN ELM STREET AND LOCUST STREET; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins 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.
K. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on both sides of Gayla
Drive from its intersection with Mayhill Road to its
intersection with Bridges Street; providing a severability
clause; providing a penalty not to exceed two hundred dollars;
and declaring an effective date.
City of Denton City Council Minutes
October 20, 1987
Page 12
317
The following ordinance was considered:
NO. 87-185
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON
BOTH SIDES OF GAYLA DRIVE FROM ITS INTERSECTION WITH
MAYHILL ROAD TO ITS INTERSECTION WITH BRIDGES STREET;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that this originally a
request from the neighborhood. Traffic movement was difficult
when vehicles were parked on the road.
Alexander motion, Hopkins second to adopt the ordinance. On
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
L. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on both sides of Metro
Street from its intersection with Interstate Highway 35W
Service Road; providing a severability clause; providing a
penalty not to exceed two hundred dollars; and declaring an
effective date.
The following ordinance was considered:
NO. 87-184
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON
BOTH SIDES OF METRO STREET FROM ITS INTERSECTION WITH
INTERSTATE HIGHWAY 35W SERVICE ROAD; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that there was a high
volume of truck traffic in this area. Movement of larger
vehicles was difficult when vehicles were parked on the
street. Ail of the propf.rty owners in the area were in favor
of the removal of the parking.
McAdams motion, Alexande~ 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.
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October 20,
Page 13
M. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Brazos
Electric Power Cooperative for the purchase of electrical
facilities and easements; and providing for an effective date.
The following ordinance was considered:
NO. 87-185
AN ORDINANCE'APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR
THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS;
AND PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
would be for the purchase of abandoned power line that Brazos
Electric Power Cooperative had owned and which they no longer
used. Purchase price would be $13,390 which would include
right-of-ways and the existing transmission line.
Hopkins motion, McAdams second to adopt the ordinance.
vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "ayev" and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
N. The Council considered adoption of an ordinance
authorizing an agreement between the City of Denton and Texas
Utilities Electric Company; and providing for an effective date.
The following ordinance was considered:
NO. 87-186
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY; AND
PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
was a street rental agreement with the Texas Utilities Electric
Company to use City streets to provide power to its customers.
The rental agreement would be a 3% fee inclusive of permit fees
which would carry payment back to September of 1985 through
October of 1986.
Ayer 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.
City of Denton City Council Minutes
October 20, 1987
Page 14
319
O. The Council considered adoption of ordinance and
service plan annexing a 9.2154 acre tract of land being part of
the J. Early Survey, ADstract No. 1279, and part of the Moreau
Forrest Survey, Abstract No. 417, and being located at the
northeast corner of Mingo Road and North Cooper Creek Road.
(A-47)
The following ordinance was considered:
NO. 87-187
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 9.2154 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. EARLY SURVEY, ABSTRACT NO. 417,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
McAdams motion, Hopkins s~cond 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.
P. The Council considered adoption of ordinance and
service plan annexing a 24.3957 acre tract of land being part
of the J. Ayers Survey, Abstract No. 2, and part of the B.
Burleson Survey, Abstract No. 65, and being located west of
1-35 and north of intersection of Rector Road. (A-50)
The following ordinance was considered:
NO. 87-188
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 24.3957 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. AYERS SURVEY, ABSTRACT NO. 2 AND
PART OF THE B. BURLESON SURVEY, ABSTRACT NO. 65,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
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City of Denton City Council Minutes
October 20, 1987
Page 1S
McAdams motion, Alexander second to adopt the ordinance. On
roi1 vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Q. The COuncil considered adoption of ordinance
amending Chapter 22 of the Code of Ordinances to provide for a
partial tax exemption for designated historic sites for a
period of ten years;, providing for the recapture of taxes in
specified cases; and providing for an effective date.
The following ordinance was considered:
NO. 87-189
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES TO PROVIDE FOR A PARTIAL TAX EXEMPTION FOR
DESIGNATED HISTORIC SITES FOR A PERIOD OF TEN YEARS;
PROVIDING FOR THE RECAPTURE OF TAXES IN SPECIFIED
CASES; AND PROVIDING FOR AN EFFECTIVE DATE.
Council Members Boyd and Hopkins requested permission to leave
the meeting with a potential conflict of interest.
Denise Spivey, Urban Planner, stated that the ordinance was for
an abatement of real property ad valorem taxes which would
apply to individually designated historic landmarks within the
City of Denton. Approximately 30 properties would be
affected. The ordinance would exempt 7S% of the assessed value
of the designated structure or site for a maximum Of 10
successive years. There was a provision for recapture of taxes
if the historical designation were removed from any of the
sites or the structures either by the request of the owners or
by a willful or negligent act by the owners within a 25 year
period of the exemption. The taxes plus a 7% annual interest
would be recaptured if such an action occurred. The effective
date of the ordinance would be January 1, 1988.
Mayor Pro Tem McAdams stated that she would like to see the
percentage amount reduced to 50% and delay the effective date
until January 1, 1989. Her reason for delaying the effective
date was that for two years the Council had talked about being
able to increase the tax exemption for elderly people and had
not been able to do anything in that area. This was not a
situation of direct need and if money could not be found for
the elderly on a fixed income, then some restraint might be
appropriate in this area.
City of Denton City Councill Minutes
October 20, 1987 '
'1
Page 16
Gorton motion, Alexanderi second to adopt the ordinance as
presented. I
Ayer motion, McAdams to ~mend the main motion to change the
percentage from 75% to 510% and delay the effective date to
' " Alexander "aye,
Sanuary I, I989. On roII Ivote, McAdams "aye, "
Gorton "aye," Ayer "aye,'i' and Mayor Stephens "aye." Motion
carried unanimousiy.
Mayor Stephens asked if a provision had been made in the
ordinance for an accounting procedure to make certain the
amount abated was spent on the affected structure.
Spivey stated that there was no provision in the ordinance for
such a procedure.
Mike Cochran, Historic Lindmark Commission, stated that the
procedUre was not i'ncludedl in the ordinance because regulations
for a historically designated structure were much more
stringent than others. It was assumed that there woUld be a
greater cost in owning suc!h a structure and that the amount of
tax reduction to be used iwould be minimal as compared to the
costs already experienced by the owner.
Spivey stated that the accounting procedure would be very
cumbersome for such a procedure.
The Council voted on thei motion as amended, on roll vote,
McAdams "aye," Alexander 'iaye," Gorton "naY," Ayer "aye," and
Mayor Stephens "aye." Motion carried with a 4-1 vote.
Council Members Boyd and HOpkins returned to the meeting.
R. The Council considered adoption of an ordinance
establishing fees for ambulance service and related services;
and declaring an effectiveidate.
The following ordinance wa~ considered:
NO. 87-190
AN ORDINANCE ESTABLISHING FEES FOR AMBULANCE SERVICE
AND RELATED SERVICES; AND DECLARING AN EFFECTIVE DATE.
Ayer motion, Alexander second to adopt the ordinance. On roll
vote, McAdams "aye," Alexlander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd i"aye," and Mayor Stephens "aye."
Motion carried unanimously.!
321
322
City of Denton City Council Minutes
October 20, 1987
Page 17
S. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Black &
Veatch Consulting Engineers for a feasibility study of a solid
waste incineration and steam generation facility.
The following ordinance was considered:
NO. 87-191
AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND BLACK & VEATCH CONSULTING ENGINEERS; AND
PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that the
life of the landfill was originally predicated at 25 years but
because of the large volume of waste material that was being
delivered to it, the life was now less than i0 years. One
method of reducing the volume of waste material was the
possibility of mass burning the solid waste in a facility and
using the energy from that system to sell in the form of steam
or using the steam in the City's electric generator. The
ordinance was for a proposed contract with Black & Veatch for a
feasibility study.
McAdams motion, Alexander second to adopt the ordinance. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "ayes" Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
7. Resolutions
A. Item A was pulled from the agenda.
B. The Council considered approval of resolution
setting a date, time and place for public hearings on proposed
annexation of approximately 587.3035 acres of land being part
of the J. Clayton Survey, Abstract No. 221; J. Lamar Survey,
Abstract No. 754; and M. McBride Survey, Abstract No. 804.
(a-51)
The following resolution was considered:
NO. R87-064
A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND
DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS.
City of Denton City Council Minutes
October 20, 1987 i
Page 18
323
Cecile Carsons, Urban Planner, stated that Items B and C were
related. Both of the annexations were initiated by the City of
Denton in order to control water quality in the area of the Elm
Fork of the Trinity River. Staff recommended public hearing
dates of November 3 and November 17, 1987 and institute
annexation on December '8, 1987. A-S1 was approximately 3.5
miles in length which Would be at the ETJ limits. A-52 would
continue for approximately 1.5 miles to the Ray Roberts Dam.
Legal opinion from Joe Morris was that both of the items could
be scheduled for the same action time by the Council so long as
the ordinance for A~51 was adopted prior to the ordinance for
A-52. Nineteen property owners would be affected by A-S1 and
thirteen property owners would be affected by A-S2.
Council Member Hopkins' asked if the annexations were at the
back of the property and not taking in homes.
Carsons replied that the City was taking a 1000' strip which
was the minimum that was allowed by the State. Some areas
might be greater than 1000' due to the necessity of using the
nearest survey boundary to write the legal description. An
option available to the owners of the property was to request
voluntary annexation which would reduce the 1000' width to an
indeterminate amount. At least the river would wanted to be
annexed.
Council Member Hopkins felt that the City should inform the
property owners that less property could be annexed if they
requested voluntary annexation.
Carsons replied that an additional notice could be sent to
property owners regardimg voluntary annexation.
McAdams 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.
C. The Council considered approval of resolution
setting a date, time and place for public hearings on proposed
annexation of approximately 229.5212 acres of land being part
of the W. Tanzy Survey, Abstract No. 1253; S.A. ~ M.G.R.R.
Survey, Abstract No. 1228; and part of the W. Cox Survey,
Abstract No. 291.
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City of Denton City Council Minutes
October 20, 1987
Page 19
The following resolution was considered:
NO. R87~065
A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND
DIRECTING THE. MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS.
cecile Carson, Urban Planner, stated that the comments for this
annexation were the same as for the previous annexation.
Council Member Hopkins stated that she wanted instructions to
staff to include that notices be sent to the affected property
owners with .a cover letter listing the options for voluntary
annexation and specific times to respond.
McAdams motion, Ayer second to approve the resolution.
vote, McAdams "aye,', Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens
Motion carried unanimously.
On roll
Gorton
"aye."
D. The Council considered approval' of a resolution
temporarily closing Hickory Street between Elm Street and
Locust Street on November 21, 1987; and declaring an effective
date.
The following resolution was considered:
RESOLUTION NO. R87-066
A RESOLUTION TEMPORARILY CLOSING HICKORY STREET
BETWEEN ELM STREET AND LOCUST STREET ON NOVEMBER 21,
1987; AND DECLARING AN EFFECTIVE DATE.
Hopkins motion, McAdams 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.
E. Item E. was delayed.in the meeting.
8. The Council considered a decision to allow the City
Manager to negotiate for the sale of a 1,365 square foot tract
of city owned property at the northeast corner of West Oak and
Bolivar streets.
City of Denton City CounCil Minutes
October 20, 1987
Page 20
325
Denise Spivey, Urban Planner, stated that this was a request
for the Council to approve the sale of a piece of City owned
property. The City originally owned a larger tract of land
many years ago and this tract was a remnant of the original
tract. A request had been received from an adjacent owner for
the property as well as an adjacent tract which was also
currently for sale. The Development Review Committee had
recommended that the sale of the property be approved with the
provision that the property in turn be dedicated to the City
for right-of-way purposes· Staff understood that the
prospective owner wished to acquire the property in order to
have access provisions through the property rather than the
City granting an access easement·
McAdams motion, Gorton second to approve the request. Motion
carried unanimously.
Mi§cellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following item:
A. There would be a joint meeting on Friday, October
25, 1987 at 11:50 a.m. at Wyatt's Cafeteria with the Hospital
Board, the County Commissioners and the City Council to receive
a report on a management financial plan for Flow.
10.
There was no Executive Session during the work session·
11. New Business
There were no items of new business suggested by the Council
Members.
The Council then considered those items not discussed during
the Work Session.
4. The Council received a report on unattended pools and
consider directing staff to draft an appropriate ordinance.
Council Member Gorton left the meeting.
Rick Svehla, Deputy City Manager, stated that there had been a
request from a citizen to consider a possible ordinance that
would require vacant properties or properties for sale that had
a pool to continue to maintain the pool while the property was
vacant. A similar ordinance from the City of Farmers Branch
was discussed.
Council Member Gorton returned to the meeting.
Consensus of the Council was to look at present ordinances to
insure that they meet the standards for cleanliness and safety.
326
City of Denton City Council Minutes
October 20, 1987
Page 21
5. The Council held a discussion regarding a resolution
designating the date for a runoff election day when such an
election is necessary.
Jennifer Walters, City Secretary, stated that with the new
election date of the first Saturday in May, the State
Legislature had given cities the option of either the next to
last Saturday in May or the last Saturday in May for a run-off
election if one was necessary.
Consensus of the Council was to direct a resolution to be
drafted with the date of the next to last Saturday in May for a
run-off election date if necessary.
6. The Council convened into Executive Session to discuss
legal matters, real estate, and personnel and board
appointments. More specifically to hold a discussion regarding
acquisition of right-of-way on Woodrow Lane; hold a discussion
regarding litigation including Maverick vs. the City of Denton
and the County of Denton and FLow Hospital vs. the City of
Denton; consider offer to purchase County's interest in Flow
Hospital; hold a discussion regarding Council appointments to
the Flow Hospital Board and hold annual reviews of the
Municipal Judge, the City Attorney and the City Manager..
The Council reconvened into open session to take the following
action:
The Council considered approval of a resolution authorizing the
condemnation of property for drainage and street improvements
and declaring an effective date.
The following resolution was considered:
RESOLUTION NO. R87-067
A RESOLUTION AUTHORIZING THE CONDEMNATION OF PROPERTY
FOR DRAINAGE AND STREET IMPROVEMENTS AND DECLARING AN
EFFECTIVE DATE.
McAdams motion, Gorton second to approve the resolution. On
roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
City of Denton City Council Minutes
October 20, 1987
Page 22
With no further business, the meeting was adjourned.
327
CITY~u~CRETAi%Y
CITY OF DENTON, TEXAS
2782C