Minutes October 6, 1987281
CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 6, 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 held a discussion on the
amendment to Chapter III of the Subdivision
Development Regulations regarding variance procedures.
proposed
and Land
David Ellison, Acting Executive Director of Planning, stated
that the staff was looking into amending the variance process
as related to development in the ETJ. At present, eight
condition must be met in order for a variance to be
considered. Staff was attempting to streamline those eight
conditions to three or four conditions and removing the "must
be met" clause. Ellison stated that variances should be
granted for hardship reasons or property inconsistencies, not
for financial constraints. The variance section of the
revisions would be completed in about two to three weeks.
Consensus of the Council was that approval and denial for
variances would rest with the Council, not split the decision
between the Council and the Planning and Zoning Commission.
Item #5 was moved ahead in the agenda order.
~. The Council held a discussion regarding an indoor pool
proposal.
Council Member Gorton stated that this was a proposal to
consider between the City of Denton and the Denton Independent
School District. He suggested looking into the option of
having revenue bonds pay for the pool.
Steve Brinkman, Director of Parks and Recreation, stated that
the pool would be a paid facility by' the City and the School
District. The indoor pool would add to the quality of life in
Denton and suggested a feasibility study might be authorized to
look into such a project.
Gary Kirchoff, Parks Board, stated that if the school had the
facility and the City would be able to use the facility, then
he would be in favor of looking at ways to raise the joint fund.
Mike Gregory, School Board President, stated that the new high
school would be completed in the Fall of 1990. Pre-planning
and scheduling was currently in progress and if the pool were
to be included' in the plans, decisions would need to be made
fairly soon.
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City of Denton City Council Minutes
October 6, 1987
Page 2.
Consensus of the Council was to continue with a feasibility
study.
3. The Council held a discussion on health and life
insurance bid proposal evaluation and recommendations.
Tom Klinck, Director of Personnel, stated that this was a
self-funded plan. The goal of the plan was to provide adequate
health care at reasonable rates and effectively manage the
City's money. Klinck then presented the various options to the
Council and recommended the proposals of Washington National
Insurance Company, Coordinated Benefit Systems and Southwest
Preferred Health Network.
Consensus of the Council was to proceed with the plans as
presented.
2. The Council reviewed fire engine specifications and
authorized bids to be advertised.
John Cook, Fire Chief, reviewed with the Council the Fire
Department's plan for purchase of the new fire equipment and
requested the Council to authorize the letting of bids for the
equipment.
Consensus of the Council was to proceed with the letting of the
bids for the fire equipment.
4. The Council held a discussion regarding the placement
of signals on Carroll Blvd.
Rick Svehla, Deputy City Manager, stated that modifications
were being considered at McKinney/Pearl Street. It was
recommended signals be placed at both Parkway and Pearl. If
only one signal was placed, then Parkway should retain the
signal and the signal would be upgraded at that location. Left
turn modifications would be made at Pearl with an off-set
intersection. There would be no left turn from McKinney/Pearl
to south Carroll Blvd. ~
After a short discussion, consensus of~the Council was to keep
the intersection at McKinney/Pearl as it currently was and to
review the traffic flow once the synchronization of Carroll
Blvd. was completed.
6. The Council held a discussion regarding the timing of
a bond sale.
City of Denton City Council Minutes
October 6, 1987
Page 3
John McGranei Executive Director of Finance, stated that this
would be the second phase of the five year CIP program. He
suggested continuing with the the bond sale as interest rates
were predicted to raise after the first of the year.
Consensus of the Council was to continue.
e
The Council did not convene into Executive Session.
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
The Mayor presented the following proclamations:
2.
3.
4.
Court Observance Week for Legal Secretaries
Bobby Knight Day
National Employ The Handicap Week
National Public Power Week
1. The Council considered approval of the minutes of the
regular meeting of September i, 1987, the special called
meeting of September 8, 1987, the regular meeting of September
15, 1987 and the special called meeting of September 22, 1987.
Gorton motion, McAdams second to approve the minutes as
presented. Motion carried unanimously.
Public Hearings
A. The Council considered a petition of Cross
Timbers Girl Scout Council requesting an amendment of an
existing specific use permit on a 5.4 acre tract located at
4000 West University Drive. The property was further described
as Lot 6, Block E, of the Ranch Estates Subdivision. The
existing specific use permit allowed utilization of the
existing structure for use as the office/headquarters and
activity/training center (day camping permitted) of the Cross
Timbers Girl Scout Council. The proposed amendment would allow
overnight camping at this location. S-193
The Mayor opened the public hearing.
283
Betty Webb, Cross Timbers Girl Scout Council, presented the
rules and regulations for Girl Scout camping. She felt that
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City of Denton City Council Minutes
October 6, 1987
Page 4
no regulations were needed other than those manageable uses by
the State and Federal Girl Scout guidelines. The regulations
as stated by the Planning and Zoning Commission were not
necessary. Those restrictions included (1) a limit of 20
campers on the site, (2) camping restricted to the northwest
corner of the property and (3) camping limited to three
consecutive evenings.
Paul Carr, President,of the Board of Directors of Cross Timbers
Girl Scout Council, asked that the Council delete from the
petition the requirements as stated by the Planning and Zoning
Commission.
Susan Hudson, Second Vice-President of Cross Timbers Girl Scout
Council, was in favor of the petition without any
restrictions. Many other restrictions, which were much more
stringent, were already in place. The restrictions from the
Planning and Zoning Commission were not meaningful. If the
Scouts wanted to expand, they were.required to return to the
Planning and Zoning Commission.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that this was an amendment
to an existing specific use permit for an activity training
center and office headquarters for the Cross Timbers Girl Scout
Council. The proposed amendment would permit overnight
camping. The petitioners had stated that the site would be
primarily a training center and headquarters and that camping
would be a secondary use for the site. The Planning and Zoning
Commission felt that safety was a very important factor. A
substantial portion of the property was located in the flood
plain and in the flood way. Planning and Zoning felt that
attaching a condition to the property which stated that camping
would be restricted to the northwestern part of the property,
out of the flood plain and the flood way, would be helpful for
future safety at the location. The Planning and Zoning
Commission looked very strongly at neighborhood compatibility.
The limitation of 20 campers would limit the potential noise
problems. The original petition with no conditions was denied
by the Planning and Zoning Commission by the vote of 6-0. A
second vote recommended approval with the three conditions
mentioned earlier by the vote of 4~2. The Council could
approve the petition with conditions with a majority vote. In
order to approve the petition with no conditions, a vote of six
of seven affirmative ayes was necessary.
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City of Denton City Council Minutes
October 6, 1987
Page S
Debra Drayovitch, City Attorney, stated that as the Planning
and Zoning Commission did deny the original petition as
submitted with no conditions, it would take a three quarters
vote of the Council to overrule if a vote was taken on no
restrictions. A vote with restrictions would only need a
majority vote.
Council Member Hopkins stated that the Scouts were a
trustworthy organization with high standards. She moved to
approve the petition without the additional conditions by
Planning and Zoning. Council Member Alexander seconded the
motion.
Mayor Pro Tem McAdams questioned why the Scouts were opposing
the conditions. The conditions stated by the Planning and
Zoning Commission were rules which would allow neighbors
legitimate recourse for any possible complaints. She was in
favor of the Planning and Zoning conditions.
Council Member Ayer stated the the Council had a responsibility
to consider only the restrictions that would need to be placed
regardless of what the group might be. To do otherwise was
being selective. He felt that none of the conditions were
really restrictive and he was reluctant to override the
Planning and Zoning Commission's recommendation.
Council Member Gorton stated that he was confident that the
Girl Scouts would follow their own guidelines and that the set
of restrictions was not necessary.
Council Member Boyd was in favor of approving the petition with
no restrictions.
Mayor Stephens stated that he felt the Council could trust the
people who would use the property and felt that no restrictions
were necessary on the petition.
Council Member Hopkins stated that she might consider amending
her motion to allow for a clause limiting the number of campers
as long as the number followed the Scout guidelines.
Mayor Stephens stated that a motion and a second were already
on the floor.
Council Member Hopkins withdrew her motion.
Alexander withdrew his second.
Council Member
Mayor Pro Tem McAdams motion, Ayer second to approve the
petition with the additional conditions as stated by the
Planning and Zoning Commission.
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City of Denton City Council Minutes
October 6, 1987
Page 6
Mayor Pro Tem McAdams stated that she would like to see how the
camping worked out with only the 20 campers and if all went
well, then perhaps granting permission later for an increase.
If the camping was not working out, then the community might
not wish to see the camping expanded.
Mayor Stephens asked that the Council hear from the petitioners
whether the petition with the conditions from Planning and
Zoning would fulfill their needs.
Betty Webb stated that there was only one response in
opposition to the proposal. That person no longer resided in
the area. The Girl Scout Council had talked to people in the
community and had received numerous letters of support. The
Scouts would have to submit another petition if renovations
were made and more campers could be accommodated on the
property.
Mayor Stephens moved to amend the main motion, Hopkins second
to index the number of campers to 10 campers per operating
restroom facility.
Council Member Ayer stated that he- would like to see an
appropriate maximum number of campers stated rather than on a
basis of the number of restrooms.
Mayor Stephens revised his amendment-to state that the number
of campers would be limited to 30. Hopkins agreed to second
the revised amendment. On roll vote, McAdams "nay," Alexander
"nay," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and
Mayor Stephens "aye." Motion carried with a 5-2 vote.
Council then voted on the main motion as amended with the
conditions that'would limit to 30 the number of campers who may
occupy the site at one time, limit the number of consecutive
evenings that campers may occur to three, and restrict camping
to the northwest portion of the property. On roll vote,
McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried with a 6-1 vote.
The following ordinance wa~ considered as amended:
NO. 87-154
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCE NO. 87-113; PROVIDING FOR THE AMENDMENT OF
THE SPECIFIC USE PERMIT FOR 5.4 ACRES O~ LAND LOCATED
AT 4000 WEST UNIVERSITY DRIVE TO ALLOW OVERNIGHT
CAMPING; PROVIDING FOR A PENALTY IN THE AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Denton City Council Minutes
October 6, 1987
Page 7
287
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens
"aye." Motion car'ried unanimously.
Item #5A. was moved ahead in the agenda order.
5. Resolutions
A. The Council considered approval of a resolution
by the City Council of the City of Denton, Texas, relating to
the issuance of bonds by the North Texas Higher Education
Authority, Inc.; approving the issuance of such bonds and the
use of the proceeds of such bonds; and making certain findings
in connection therewith.
The following resolution was considered:
R87-057
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, RELATING TO THE ISSUANCE OF BONDS BY
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.;
APPROVING THE ISSUANCE OF SUCH BONDS AND THE USE OF
THE PROCEEDS OF SUCH BONDS; AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH.
Victor Blody, Financial Advisor to the North Texas Higher
Education Authority, stated that permission was sought to
approve a $98 million bond issue for the Higher Education
Authority. He emphasized that this did not obligate the City
in any way.
McAdams motion, Gorton second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "ayes"
Gorton "aye," Ayer "ayes" Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
The Council then returned to the regular agenda orderl
Public Hearings
B. The Council considered a petition of Junction 288
Partners requesting the following zoning cha~ges on property
located at the northeast corner of Loop 288 and Audra Lane and
further described as being in the William Lloyd Survey,
Abstract No. 774:
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City of Denton City Council Minutes
October 6, 1987
Page 8
Tract I ~ From the Commercial (C) district
to the General Retail (GR) classification on
a 3.008 acre tract extending along the
eastern frontage of Loop 288 from Audra Lane
northward for approximately 700 feet.
Tract II - From the Commercial (C) district
to the Agricultural (A) classification on a
1.142 acre tract extending along the eastern
frontage of Loop 288 from U.S. Highway 380
south for a distance of approximately 1300
feet.
Tract III From the Agricultural (A)
district to the General Retail (GR)
classification on a 1.14 acre tract located
approximately 160 feet east of Loop 288 and
extending northward for approximately 700
feet from Audra Lane. Z~1862
The Mayor opened the public hearing.
Greg Edwards, Metroplex Engineering, stated that the property
was along Loop 288 and US 380. The petitioner was requesting
an exchange of zoning in the various portions of the property
in order to make it more marketable.
Tevis Taylor spoke in favor of the petition. She stated that
at present, Tract II was not usable. She asked the Council to
approve the petition.
Les Holland spoke in favor of the petition. Me stated that he
was a previous owner of the property. He felt it would be fair
to allow the zoning changes so as to make the property more
usable.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated there were some violations
present in terms of intensity and concentration but the
Planning and Zoning Commission felt that the elimination of
strip commercial zoning at this location was very desirable in
terms of fulfilling the Beautification Committee's plans.
Planning and Zoning considered the petition at its August 12,
1987 meeting and recommended approval by a vote of 6~0.
City of Denton City Council Minutes
October 6, 1987
Page 9
The Council considered the following ordinance:
NO. 87-155
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 APPROXIMATELY 3.008 ACRES OF LAND EXTENDING
ALONG THE EASTERN FRONTAGE OF LOOP 288 FROM AUDRA
LANE, NORTHWARD FOR APPROXIMATELY 700 FEET, AS IS MORE
PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE
IN ZONING CLASSIFICATION FROM COMMERCIAL "C" DISTRICT
CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL
"GR" DISTRICT CLASSIFICATION AND USE DESIGNATION;
PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF
$2~000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
McAdam$ 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.
The Council considered the following ordinance:
NO. 87-156
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 APPROXIMATELY 1.142 ACRES 'OF LAND EXTENDING
ALONG THE EASTERN FRONTAGE OF LOOP 288 FROM U. S.
HIGHWAY 380, SOUTH FOR A DISTANCE OF APPROXIMATELY
1,300 FEET, AS IS MORE PARTICULARLY DESCRIBED HEREIN;
TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM
COMMERCIAL "C" DISTRICT CLASSIFICATION AND USE
DESIGNATION TO AGRICULTURAL "A" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
289
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City of Denton City Council Minutes
October 6, 1987
Page 10
McAdams 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.
The following ordinance was considered:
NO. 87-157
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 APPROXIMATELY 1.14 ACRES OF LAND LOCATED
APPROXIMATELY 160 FEET EAST OF LOOP 288 AND EXTENDING
NORTHWARD FOR APPROXIMATELY 700 FEET FROM AUDRA LANE,
AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE
FOR A CHANGE IN ZONING CLASSIFICATION FROM
AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE
DESIGNATION TO GENERAL RETAIL "GR" DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A
PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams 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.
C. The Council considered a petition of Sanders
Campbell and Rayburn Tucker requesting Single Family-7 zoning
on 15.71 acres situated in the B.M. Rogers Sur'vey, Abstract No.
1101. The property was located at the southeast corner of
Hickory Creek Road and Montecito Drive. If approved, the
property may be utilized for any purpose allowed in the Single
Family-7 zoning district. Z-1867
The Mayor opened the public hearing.
Brian Burke, Burke Engineering, stated that all of the adjacent
property in the area had already been zoned either SP-7 or
SF-10.
No one spoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
October 6, 1987
Page 11
291
Denise Spivey, Urban Planner, stated that four reply forms were
mailed. Zero were returned in favor and zero ~n opposition.
The property was in a low intensity area. The zoning would be
consistent with the policies for low density and low intensity.
The following ordinance was considered:
NO. 87-158
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 APPROXIMATELY 15.71 ACRES OF LAND LOCATED
AT THE SOUTHEAST CORNER OF HICKORY CREEK ROAD AND
MONTECITO DRIVE, AS IS MORE PARTICULARLY DESCRIBED
HEREIN; TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSI-
FICATION AND USE DESIGNATION TO SINGLE-FAMILY "SF-7"
DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING
FOR A PENALTY IN A MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams 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.
D. The Council considered a petition of Jim
Danielson, representing Windsor Joint Venture, requesting a
change in zoning from the single family (SF-7) district to the
planned development (PD) classification and approval of a
concept plan on a 15.1 acre tract in the B.B.B. ~ C.R.R.
Company Survey, Abstract No. 186, located 125 feet west of
Stuart Road approximately 700 feet north of Windsor Drive. If
approved, the planned development would permit the following
land uses:
Four-plex - 52 units on 13 lots on 5.4 acres
with a density of 14.9 units per acre
Duplex - 46 units on 23 lots on 6.1 acres
with a density of 7.4 units per acre
Single Family Detached Twenty-six (26)
6500 square foot lots on 5.5 acres with a
density o£ 4.7 units per acre. Z-1865
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City of Denton City Council Minutes
October 6, 1987
Page 12
The Mayor opened the public hearing.
John Books, representing Windsor Joint Venture, spoke in favor
of the petition. He stated that he and Mr. Danielson had
worked very hard making the recommended changes that staff had
presented. He requested that the Council approve the petition.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated acceptable buffering was
utilized throughout the development. This was a viable plan
which provided good transition from the existing single family
area to the north and to the existing multi-family area to the
south. Planning and Zoning recommended approval with a 6-0
vote.
The~following ordinance was considered:
NO. 87-159
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 15.1 ACRES OF LAND LOCATED 125 FEET WEST OF
STUART ROAD AND APPROXIMATELY 700 FEET NORTH OF
WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED
HEREIN; TO PROVIDE FOR A CHANGE IN ZONING
CLASSIFICATION FROM SINGLE-FAMILY "SF-7" 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.
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.
Consent Agenda
McAdams motion, Ayer second to approve the consent agenda as
presented. Motion carried unanimously.
City of Denton City Council Minute~
October 6, 1987
Page 13
Consent Agenda
A. Bids and Purchase Orders:
3. P.O. #80742
$27,700.00
Bid #9787 - 20" concrete pipe
Bid #9773 - High Service Pump #6 - Water
Treatment Plant
- Hanson Software, Inc.
Plats and Replats
4. Ordinances
Consider approval of preliminary plat of the
Westgate Hills North Addition, Blocks A-D.
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.
The following ordinance was considered:
NO. 87-160
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, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkihs "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
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.
The following ordinance was considered:
NO. 87-161
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.
293
City of Denton City Council Minutes
October 6, 1987
Page 14
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "ayew" Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
C. The Council considered adoption of ordinance
abandoning a 35 foot utility easement located on the south side
of U.S. Highway 77 (Texas Cinema tract). (E'2)
The following ordinance was considered:
NO. 87-162
AN ORDINANCE ABANDONING AND VACATING CERTAIN UTILITY
EASEMENTS AS DESCRIBED HEREIN; AND DECLARING AN
EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
was an easement along US 77 to relocate transmission lines. A
better route for the lines was found long Riney Road and the
Planning and Zoning Commission and the Public Utilities Board
recommended approval.
Hopkins motion, McAdams second to adopt the ordinance. On roil
vote, McAdams "ayew" Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
D. The Council considered adoption of ordinance and
service plan annexing 73.334 acres of land being part of the M.
Forrest Survey, Abstract No. 417. (A-43)
The following ordinance was considered:
NO. 87-163
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 73.334 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
Ayer motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "ayes" Hopkins "ayes" Gorton
"ayes" Ayer "aye," Boyd "ayes" and Mayor Stephens "aye."
Motion carried unanimously.
City of Denton City Council Minutes
October 6, 1987
Page 15
E. The Council considered adoption of ordinance and
service plan annexing 2.822 acres of land being part of the M.
Forrest Survey, Abstract No. 417. (A-44)
The following ordinance was considered:
NO. 87-164
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 2.822 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING 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.
F. The Council considered adoption of an ordinance
and service plan annexing 1.834 acres of land being part of .the
G. Walker Survey, Abstract No. 1330. (A-45)
The following ordinance was considered:
NO. 87-165
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 1.834 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 "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
McAdams 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.
G. The Council considered adoption of an ordinance
amending Article I of Chapter 9 of the Code of Ordinances of
the City of Denton, Texas ("Electrical Code") to provide for
the adoption of the 1987 National Electrical Code and adoption
of amendments to the National Electrical Code; to provide for
additions thereto; repealing all ordinances in conflict
herewith; providing for a penalty; and providing for an
effective date.
295
296
City of Denton City Council Minutes
October 6, 1987
Page 16
The following ordinance was considered:
NO. 87-166
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 9 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
("ELECTRICAL CODE") TO PROVIDE FOR ADOPTION OF THE
1987 NATIONAL ELECTRICAL CODE AND ADOPTION OF
AMENDMENTS TO THE NATIONAL ELECTRICAL CODE; TO PROVIDE
FOR ADDITIONS THERETO; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN AN
AMOUNT OF $2,000.00 THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that the Electrical
Code Board had reviewed the 1987 Code and had made a few
amendments to that Code.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
H. The Council considered adoption of an ordinance
approving the 1987 tax assessment rolls for the City of Denton.
The following ordinance was considered:
NO. 87-167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING
THE 1987 APPRAISAL ROLLS AS APPROVED BY THE APPRAISAL
REVIEW BOARD OF THE DENTON COUNTY APPRAISAL DISTRICT
AND PROVIDING AN EFFECTIVE DATE.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdam$ "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
amending Article I of Chapter 10 of the Code of Ordinances of
the City of Denton, Texas by amending Section 10.2 thereof; and
by adding a new Article V entitled "Fire Lanes-Fire
Apparatus-Access Roads"; to provide for amendments to the
Uniform Fire Code; to provide for additions thereto; repealing
all ordinances in conflict herewith; providing for a penalty in
the amount of $1,000 therefor; and providing for an effective
date.
City of Denton City Council Minutes
October 6, 1987
Page 17
The following ordinance was considered:
NO. 87-168
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 10 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY
AMENDING SECTION 10.2 THEREOF; AND BY ADDING A NEW
ARTICLE V ENTITLED "FIRE LANES-FIRE APPARATUS-ACCESS
ROADS"; TO PROVIDE FOR AMENDMENTS TO THE UNIFORM FIRE
CODE; TO PROVIDE FOR ADDITIONS THERETO; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A
PENALTY IN THE AMOUNT OF $1,000 THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
John Cook, Fire Chief, stated that this ordinance would allow
the Fire Marshall to designate fire lanes and issue citations
for those persons parking in violation of those lanes. A grace
period would be in effect before citations were issued.
McAdams motion, Ayer second to adopt the ordinance with the
addition of the work "maximum" to the penalty clause.
Gorton motion, Alexander second to amend the main motion to
raise the penalty to the amount of $2,000. On roll vote,
McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried with a 6-1 vote.
The Council voted on the ordinance as amended with the changes
of "maximum" penalty in the amount of "$2,000". On roll vote,
McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
J. Item J. was pulled from the agenda by staff.
K. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and the Texas Political Subdivisions Workers'
Compensation Joint Insurance Fund; authorizing the expenditure
of funds; and providing an effective date.
The following ordinance was considered:
NO. 87-169
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
POLITICAL SUBDIVISIONS WORKERS' COMPENSATION JOINT
INSURANCE FUND; AUTHORIZING THE EXPENDITURE OF FUNDS;
AND PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
October 6, 1987
Page 18
McAdams motion, Gorton 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.
L. The Council considered adoption of an ordinance
of the City of Denton establishing rates for the use of the
City's sanitary landfill site and residential and commercial
sanitation collection services as authorized by Chapter 12 of
the Code of Ordinances of the City of Denton; and providing for
an effective date.
The following ordinance was considered:
NO. 87-170
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES
FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AND
RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION
SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN
EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that this ordinance
would affect only the landfill users and the roll-off
customers. The roll-off rate would increase by 5% and the
landfill rate would increase by 30%.
Hopkins motion, McAdams second to adopt the ordinance with
"with the capacity of less than 2 cubic yards" added to Section
1.A.1.
Council Member Gorton suggested removing the 'name of the make
of vehicles from the ordinance.
Svehla replied that the names were incorporated in order to
facilitate the users of the landfill.
Ayer motion, Gorton second to amend the main motion to delete
the trade names from the ordinance. On roll vote, McAdams
"nay," Alexander "nay," Hopkins "nay," Gorton "aye," Ayer
"ay@," Boyd "aye," and Mayor Stephens "nay." Motion failed
with a 4-3 vote.
The Council then voted on the main motion. On roll vote,
McAdams "ayev" Alexander "ayev" Hopkins "aye," Gorton "aye,"
Ayer "ayev" Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
City of Denton City COuncil Minutes
October 6, 1987
Page 19
299
5. Resolutions
A. Item 5.A. was considered earlier in the agenda.
B. The Council considered approval of a resolution
naming the North Lakes Park Tennis and Golf Building "Goldfield
Sports Center" and declaring an effective date.
The following resolution was considered:
RESOLUTION NO. R87-058
A RESOLUTION NAMING THE NORTH LAKES PARK TENNIS CENTER
"GOLDFIELD SPORTS CENTER" AND DECLARING AN EFFECTIVE
DATE.
Steve Brinkman, Director of Parks and Recreation, stated that
the Park B6ard had reapproved the policy naming the various
park areas with the correction from Council. They also looked
again at the process of the donation by the Goldfield's for the
new tennis center. It was felt that that was justified under
the major donations section and again recommended naming the
building "The Goldfield Sports Center".
-Hopkins motion, Alexander second to approve the resolution.
Council Member Ayer stated that he was
facilities for living persons except
circumstances and therefore he would
resolution.
opposed to naming
in extraordinary
vote against the
Council Member Gorton asked if the building would be used
strictly for tennis or jointly for tennis and golf.
Brinkman replied mostly for tennis with offices and restrooms
available.
Gorton suggested changing the name to "Tennis Center" rather
than "Sports Center"
After discussion, Hopkins moved to change her motion to revise
the name of the center to the "Goldfield Tennis Center".
Alexander refused to change his second.
Hopkins motion, Boyd second to amend the main motion to change
the name of the facility to "Goldfield Tennis Center". On roll
vote, McAdams "aye," Alexander "nay," Hopkins "aye," Gorton
"aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye."
Motion carried with a 5-2 vote.
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City of Denton City Council Minutes
October 6, 1987
Page 20
The Council then voted on the main motion as amended. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye."
Motion carried with a 6-1 vote.
C. The Council considered approval of a resolution
of participation in the Denton County Area 911 Emergency
District pursuant to the provisions of Article 1452e, VTCS.
The following resolution was considered:
RESOLUTION NO. R87-059
A RESOLUTION ENDORSING PARTICIPATION BY THE CITY OF
DENTON IN THE DENTON COUNTY AREA DISTRICT AS
AUTHORIZED BY ARTICLE 1432e, VERNON'S TEXAS CIVIL
STATUTES IN DENTON COUNTY; 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.
D. The Council considered approval of a resolution
adopting standards of service as aspirations and goals to be
attained for service at the Emily Fowler Public Library; and
providing an effective daie.
The following resolution was considered:
RESOLUTION NO. R87-060
A RESOLUTION ADOPTING STANDARDS OF SERVICE AS
ASPIRATIONS AND GOALS TO BE ATTAINED FOR SERVICE AT
THE EMILY FOWLER PUBLIC LIBRARY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Ayer motion, Hopkins 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. The Council considered approval of a resolution
setting a date, time and place for public hearings on proposed
annexation of approximately 25.126 acres of land being part of
the A. Gibson Survey, Abstract No. 498, and located south of E1
Paseo Drive at Forrestridge.
City of Denton City Council Minutes
October 6, 1987
Page 21
301
The following resolution was considered:
RESOLUTION NO. R87-061
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·
David Ellison, Acting Executive Director of Planning, stated
that public hearings would be scheduled for October 20 and
November 3, 1987. A special called meeting would be necessary
for November 24, 1987 for institution of annexation.
McAdams motion, Hopkins 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.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. The Denton Convention and Visitors Bureau had
forwarded a letter regarding the Main Street funding. The
Bureau suggested the forming of a task force to investigate
funding alternatives for this project. It also suggested
allowing the various organizations to defer presenting a budget
impact statement until the task force had completed its work.
Consensus of the Council was to proceed as quickly as possible
and return with the item for the following agenda.
B. A plan was being formulated to facilitate the
opening of the Civic Center for early morning walkers.
Volunteers were being considered to open the facility at 7:00
a.m. Consensus of the Council was to proceed with those plans
and then present them to Council at a later date.
C. The Garland trip regarding the TMPA issue was
being rescheduled for October 19, 1987 at 6f00 p.m. Mayor
Stephens, Mayor Pro Tem McAdams and Council Members Ayer, Boyd
and Alexander stated they would try to attend the meeting.
7. There was no Executive Session held during 'the work
session.
3O2
City of Denton City Council Minutes
October 6, 1987
Page 22
8. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Boyd suggested reconsidering the
regulations involving the naming of public buildings.
0
Executive Session
The Council considered the following items under
Executive Session:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17
V.A.T.S.
Hold a discussion of litigation including
the County of Denton vs. the City of Denton
and Flow Memorial Hospital vs. the City of
Denton.
Hold a discussion of litigation including
the possible litigation against Dunninck
Brothers.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17
V.A.T.S.
Consider offer to purchase county's interest
in Flow Hospital or possible lease of Flow
Hospital.
Personnel/Board Appointments -- 'Under Sec. 2(g),
Art 6252-17 V.A.T.S.
The following action was taken:
A. Isabeil Miller was nominated to the Building Code
Board to replace a current member who did not reside within the
City limits.
B. Council Member Boyd was nominated as the voting
delegate, Council Member Hopkins and Alexander were nominated
as alternate voting delegates to the annual Congress of Cities
Conference-National League of Cities.
C. Dorwin "Chip" Sargent was nominated for Director
of the Denton Central Appraisal District.
City of Denton City Council Minutes
October 6, 1987
Page 23.
303
With no further business, the meeting was adjourned.
JENN~ER ~TERS
CITY~CRE~ARY
CITY OF DENTON, TEXAS
2775C