Minutes December 01, 1987361
CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 1, 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 report regarding the Municipal
Court operations with recommendations.
Lloyd Harrell, City Manager, stated that staff had taken a
comprehensive look at the Municipal Court operations in the
areas of staffing needs and physical layout needs of the
Municipal Court. Specific improvement standards were being
proposed for the Council's consideration.
John McGrane, Executive Director of Finance, reviewed the
proposals presented to the Council. He was asking the Council
to review the report and if consensus was to proceed, staff
would return at a later meeting with the necessary budget
amendments necessary to implement the changes. He also
suggested the formation of a Municipal Court Advisory Committee
with a member of the Council to be included on that committee.
McGrane reviewed current operations in the Municipal Court
Division and briefed the Council on procedure revisions
currently in effect in the Municipal Court. Staff was
proposing the following recommendations: (1) Staffing -
upgrade the Municipal Court Supervisor. to Municipal Court
Administrator, add a position of Assistant Court Clerk, add a
Senior Secretary for the Municipal Judge; (2) Space/Equipment -
rearrange the Municipal Court section and the Cashiering
section to allow for easier access between these two
departments; (3) Automation/Communication - be prepared to
start the automation system within two months. McGrane
proposed two reporting groups to assist with the policy and
procedures of the Municipal Court. One group would consist of
the City Manager, the Executive Director of Finance, the
Treasurer, and the Municipal Court Administrator. This group
would meet to discuss problems in the Municipal Court. The
second group, the Municipal Court Advisory Committee, would
consist of the Municipal Court Administrator, the City
Attorney, the Municipal Court Judge, the Finance Director or
Treasurer and a Council Member. The purpose of this committee
would be to deal with policy and major issues of the Municipal
Court.
Consensus of the Council was to proceed as presented.
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City of Denton City Council Minutes
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2. The Council received a capital recovery fees update.
David Ellison, Acting Executive Director of Planning, stated
that a recent bill had been passed regarding capital recovery
fees. The Texas Association of Builders had sponsored the bill
because cities were passing impact fees based on poor studies
and were enacting the fees overnight with little input from
builders and citizens. The Association was finding that it was
cost prohibitive .to challenge the fees in court and had
sponsored the bill in the Legislature. Ellison reviewed the
provisions of the bill.
Bob Nelson, Executive Director of Utilities, recapped
information from previous studies and potential growth in
related costs. It was the recommendation of the staff to
proceed with water and sewer fees and wait on street and storm
drainage fees. Staff was also suggesting reactivation of the
citizens committee to further examine this area. Nelson also
requested authorization to begin a new study on capital
recovery fees.
Consensus of the Council was that more information was needed
and to place the item on a future agenda.
3. The Council convened into Executive Session to discuss
legal matters (Hawley vs. the City of Denton, Anderson vs. th~
City of Denton, D.I.S.D. vs. Walter Ray Hawk et ex, D.I.S.D vs.
Gary O. Fellars, and an update on settlement of County vs.
City), real estate, personnel and board appointments.
The Council then convened into the regular session at 7:00 p.m.
in the Council Chambers.
PRESENT:
Mayor Stephens; Mayor Pro Tem McAdams; Council
Members Alexander, Ayer, Boyd, Gorton and Hopkins.
ABSENT: None
1. The Council considered approval of the minutes of the
regular meeting of November 3, 1987; the work session of
November 10, 1987; the regular meeting of November 17, 1987;
and the work session of November 24, 1987.
Mayor Stephens requested that the following revisions be made
to the minutes of November 17, 1987: (1) the reason for his
absence, City business, be so noted and (2) the names of the
individual~ elected to the North Texas Higher Education
Authority be included in the minutes.
Hopkins motion, Gorton second to approve the minutes as
revised. Motion carried unanimously.
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City of Denton City Council Minutes
December 1, 1987
Page 3
Public Hearings
A. The Council considered a petition of Singing Oaks
Church of Christ requesting a specific use permit in a
multi-family district (MF-1) on a 0.134 acre tract located on
the west side of Oakland Street approximately 140 feet south of
Sawyer Street. The property was further described as a tract
in the B.B.B. & C.R.R. Company Survey, Abstract No. 196. If
approved, the specific use permit would permit the utilization
of the existing structure as a residence and a student campus
ministry center. S-195
The Mayor opened the public hearing~
Ray Hawkins, Campus Minister at North Texas State University -
Christian Campus Center, spoke in favor. The existing
structure would be used as a residence and also as a student
campus ministry center at Texas Womans University. He
requested the Council to approve the petition.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that the specific use
permit would allow the existing residence to be used as a
continued residence and campus ministry center. The permit
would not violate the current intensity standards. Permission
had been obtained from TWU for off-site parking. There were no
Development Guide violations. Planning and Zoning had
recommended approval with a 6-0 vote.
The following ordinance was considered:
NO. 87-212
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A
SPECIFIC USE PERMIT FOR A STUDENT CAMPUS MINISTRY
CENTER, AS SAID PERMIT APPLIES TO A 0.134 ACRE TRACT
OF LAND LOCATED AT 1017 OAKLAND STREET; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR
VIOLATIONS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
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.
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City of Denton City Council Minutes
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Page 4
B. The Council considered a petition of Claude E.
Hill requesting a change in zoning from the multi-family (MF-1)
district to the general retail (GR) classification on an 0.172
acre tract located on the south side of West Prairie Street,
approximately 100 feet east of Bonnie Brae Street. The
property was further described as Lot 3, Block 13, of the
Owsley Park Addition. Z-1870
The Mayor opened the public hearing.
Greg Edwards, Metroplex Engineering, spoke in favor of the
petition. He stated that Mr. Claude Hill currently owned an
adjoining lot at which was located the present Red Barn. The
owner would like the zoning changed so that he could expand the
existing commercial uses if he so desired in the future. As
Bonnie Brae was designated as a major arterial, the owner would
be dedicating a 45' building line to allow for future expansion
of Bonnie Brae. There would be only a minor change in the
intensity of the area.
No one spoke in opposition.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that this was a request
for a change in zoning on a 50' lot from multi-family to
general retail. The property was located in a moderate
intensity area what was currently under the standard by 35%
based on the existing zoning and 46% based on existing land
use. An approval of the request would not result in a
violation of the intensity standard for the area. Staff's
concern with the proposal was another policy of the Development
Guide known as the Strip-Commercial Policy. Approval of the
proposal would extend the commercial node of strip commercial
development. The Planning and Zoning Commission approved the
request-with a 6-1 vote.
Mayor Pro Tem McAdams asked why a Planned Development had not
been submitted if the owner was planning to expand his current
business.
Spivey replied that the owner did not have any current plans to
expand but wanted the zoning for possible future use. The size
of the lot would make it difficult for separate businesses to
be built there.
The Council allOwed the property owner to address the Council.
City of Denton City Council Minutes
December 1, 1987
Page 5
365
C.D. Hill, 3110 Montecito, stated that he was owner of the
property in question. He purchased the property because 20' of
his property would be taken with the improvement of Bonnie
Brae. That would destroy the businesses already on the site.
When Bonnie Brae was improved, he could construct a similar
building with an extension.
The following ordinance was considered:
NO. 87-213
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 0.172 ACRE OF LAND LOCATED ON
THE SOUTH SIDE OF WEST PRAIRIE STREET APPROXIMATELY
100 FEET EAST OF BONNIE BRAE STREET AND MORE
PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE
IN ZONING CLASSIFICATION FROM MULTI-FAMILY "MF-i"
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.
Hopkins motion, Gorton second to adopt the ordinance.
vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
"ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens
Motion carried with a 6-1 vote.
On roll
Gorton
"nay."
C. The Council considered a· petition of Burke
Engineering, representing Tom King, requesting a change in
zoning from the multi-family (MF-1) district to the planned
development (PD) classification and approval of a detailed plan
on a 1.11 acre tract located on the north side of University
Drive (U.S. Highway 380) approximately 312 feet east of North
Locust Street (FM 2164). The property was further described as
a tract in the N.H. Meisenheimer Survey, Abstract 811. If
approved, the planned development would permit the development
of three miniature golf courses with an accessory office, game
room, and two rest room buildings. Z-1871
The Mayor opened the public hearing.
Tom King, owner of the property, spoke in favor of the
petition. He felt that Denton needed such a project. He would
be doing much of the construction work himself and requested
the Council to approve the request.
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City of Denton City Council Minutes
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Page 6
Mark Stalls, 127 E. Sherman, spoke in opposition. He lived
north of the proposed project and objected to the type of night
activity such a project would create. He stated that the
lighting of the area would create a problem as well as the
people who might tend to congregate there. The activity
associated with that type of project would not be conducive to
families living in the area.
The Mayor allowed Mr. King a rebuttal.
King stated that the lighting would be 10' florescent
lighting. The fencing would be 8' in height but could be 10'
if needed which would block the light from surrounding homes.
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that the petitioner would,
if the petition was approved, demolish the existing structures
and build an entertainment complex which would consist of three
miniature golf courses, an office/game room building. The
proposal would not violate the overall intensity standard for
the area. Strip commercial development would be a concern as
well as neighborhood compatibility. Parking would be required
to be in the front of the property with generous set-backs and
20% of the property was proposed for landscaping. The Planning
and Zoning Commission had denied the proposal with a 5-1 vote
due to the violation of commercial strip policy and the
protection of the existing neighborhood policy.
McAdams motion, Ayer second to deny the petition. Motion
carried unanimously.
3. The Council received a report from Mr. Thomas Fuller
regarding street conditions in the City of Denton, specifically
Bryan Street and Avenue C.
Mr. Fuller spoke to the Council regarding street conditions in
the City of Denton. He showed Council photographs of various
locations with poor street conditions including Avenue C, Eagle
Drive and Avenue C, Bryan Street and Oak Street. He felt that
action was needed now to repair the streets.
Mayor Stephens stated that Mr. Fuller had a damage claim
against the City and that the Council was advised by the City
Attorney not to discuss the matter at that time.
4. The Council received a report from the Denton Police
Association regarding police employment opportunities.
City of Denton City Council Minutes
December 1, 1987
Page 7
367
Roger White, President of the Denton Police Association, read a
statement from the members of the Association objecting to the
recent raises by the City Attorney, Municipal Judge and City
Manager. They felt that they had been mislead in consideration
of the recent raises. They asked what the Council planned to
do about the market adjustments for the other City employees.
They had lost confidence when they were told they would not be
getting raises and then other people making much more money
were given increases. They wanted to go on record supporting
the Denton Fire Fighters Association in their endeavors to
obtain a salary commensurate with the professional level of
service they provided to the citizens of Denton.
5. The Council received a report from the Denton Fire
Fighters Association regarding the need for pay raises in the
Denton Fire Department.
Ken Gold, Denton Fire Fighters Association, expressed support
for the Denton Police Association in their efforts to achieve a
Police Department pay plan that was commensurate with the
responsibilities and the high degree of personal risk of the
job. He stated that the firefighters were at the Council
meeting because of their concern regarding some of the events
which recently unfolded. At the beginning of the budget
process, they were told that money was very tight ~ that there
were no pay raises in the budget this year except for the step
raises. The Fire Department was the only department to receive
a pay cut this year. There was a pay raise to a few in City
Management that was told to be based on need and
responsibility. They were not against anyone getting a pay
raise but that the 40% of the employees who were not eligible
for step raises were composed primarily of firefighters who did
not have step raises. An extensive pay survey was going to be
completed by February that would be submitted to the Council.
Mayor Stephens presented a rationale that the Council used
concerning the pay increases for the City Manager, Municipal
Judge and City Attorney. He stated that a large number of City
employees were eligible for step increases and merit
increases. The previously mentioned three employees were
employed directly by the Council. These employees were
relatively new and the Council wanted to treat them as other
members of the City were treated. Based on the past year's
activities, the Council felt that these three employees were
deserving of merit increases. There were no across the board
raises but merit increases which were well deserved.
The other members of the Council shared their views and
concerns dealing with this issue and expressed support of the
Mayor's comments.
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City of Denton City Council Minutes
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Page 8
Bill Williamson stated that the Council had missed the point
concerning the raises given the City Manager, City Attorney and
Municipal Judge. People were upset by the way in which the
raises were given. There was poor communication between the
Council and the public. People were upset with all the talk of
belt tightening and then these three people were given
substantial raises.
Jerry Cott read a statement supporting the position of the
Council with respect to the merit increases of the City
Manager, City Attorney and Municipal Judge.
e
Consent Agenda
Mayor Stephens stated that Item 6.A.9. had been pulled by the
staff.
Pulled By
Staff
Gorton motion, Hopkins second to approve with Consent Agenda
with the exception of Item 6.A.9. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #9802 - Roof Repair (Power Plant)
2. Bid #9804 - Vibratory Roller
3. Bid #9800 - Pavement Markers
4. Bid #9801 - Medical Supplies
5. P.O. #82025 - Motorola Communications
6. P.O. #82024 - Motorola Communications
7. P.O. 80410 - General Electric
8. P.O. #82017 - General Electric
9. P.O. #82026 - S & T Equipment
Final Payments
1. Consider a final payment to
Construction, Inc. - Evers
Sidewalks.
Bittercreek
Park/Hercules
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City of Denton City Council Minutes
December 1, 1987
Page 9
C. Plats and Replats
Consider approval of preliminary and final
replats of part of Lot 4, Block A, of the
Freeway Park Addition, Section II.
e
Consider approval of preliminary and final
replats of Lots iR and 3, Block 13, of the
Owsley Park Addition.
D. Tax Refunds
Consider approval of a tax refund to West
Energy, Inc. - $526.76.
7. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services.
The following ordinance was considered:
NO. 87-214
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, 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.
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 87-215
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.
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City of Denton City Council Minutes
December 1, 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.
C. The Council considered adoption of an ordinance
providing for the expenditure of funds for emergency purchases
of materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids.
The following ordinance was considered:
NO. 87-216
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, 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 adoption of an ordinance
approving a change order to the contract between the City of
Denton and Tonto Construction, Incorporated; approving payment
in the amount of $29,802.14; and providing an effective date.
The following ordinance was considered:
NO. 87-217
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
TONTO CONSTRUCTION, INC.; AND PROVIDING 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. The Council considered adoption of an ordinance
amending Chapter 17 of the Code of Ordinances of the City of
Denton, Texas ("Plumbing Code") to provide for amendments to
the Uniform Plumbing Code; to provide for additions thereto;
repealing all ordinances in conflict herewith; providing for a
penalty in a maximum amount of $2,000.00 for violations
thereof; and providing for an effective date.
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City of Denton City Council Minutes
December 1, 1987
Page 11
The following ordinance was considered:
NO. 87-218
AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS ("PLUMBING
CODE") TO PROVIDE FOR AMENDMENTS TO THE UNIFORM
PLUMBING CODE; TO PROVIDE FOR ADDITIONS THERETO;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN
EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that the ordinance
contained amendments to the PVC pipe regulations. In the past
the cleaner was clear which made it difficult for inspectors to
determine if the pipe had indeed been cleaned. The amendment
would require the cleaner to be colored to help verify the
application of the cleaner.
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.
F. The Council considered adoption of an ordinance
designating and establishing speed zones for east and west
bound traffic on Hobson Lane from its intersection with
Forestridge to FM1830 (Country Club Road); providing for a
penalty of a fine not to exceed two hundred dollars ($200.00);
providing a severability clause; and declaring an effective
date.
The following ordinance was considered:
NO. 87-219
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
FOR EAST AND WEST BOUND TRAFFIC ON HOBSON LANE FROM
ITS INTERSECTION WITH FORESTRIDGE TO F.M. 1830
(COUNTRY CLUB ROAD); PROVIDING FOR A PENALTY OF A FINE
NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING
A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "ayes"
Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens
"aye." Motion carried with a 6-1 vote.
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City of Denton City Council Minutes
December 1, 1987
Page 12
G. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the west side of a
portion of Glenwood Lane; providing a severability clause;
providing an penalty not to exceed two thousand dollars; and
declaring an effective date.
The following ordinance was considered:
NO. 87-220
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON
THE WEST SIDE OF A PORTION OF GLENWOOD LANE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; 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.
H. The Council considered adoption of an ordinance
of the City of Denton, Texas, making it unlawful for vehicles
travelling northbound on Malone Street to execute right turns
when facing a steady red signal at the intersection of Malone
Street and University Drive; providing for a penalty in the
maximum amount of two hundred dollars for violations thereof;
and providing for an effective date.
The following ordinance was considered:
NO. 87-221
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, MAKING IT
UNLAWFUL FOR VEHICLES TRAVELLING NORTHBOUND ON MALONE
STREET TO EXECUTE RIGHT TURNS WHEN FACING A STEADY RED
SIGNAL AT THE INTERSECTION OF MALONE STREET AND
UNIVERSITY DRIVE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF TWO HUNDRED DOLLARS 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.
City of Denton City Council Minutes
December 1, 1987
Page 13
8. Resolutions
A. The Council considered approval of a resolution
adopting Policy No. 108.10 "Harassment"; and declaring an
effective date.
The following resolution was considered:
RESOLUTION NO. R87-077
A RESOLUTION ADOPTING POLICY NO. 108.10 "HARASSMENT";
AND DECLARING AN EFFECTIVE DATE.
Chandra Irving, Analyst Trainer, stated that this was a
revision of the sexual harassment policy to include racial,
sexual, religious and ethnic harassment.
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.
9. The Council considered revisions to the 1987-88
Capital Improvements Plan Water/Wastewater Utility.
Bob Nelson, Executive Director of Utilities, stated that this
was a request to reduce the level of the CIP in the water and
wastewater utility area. Growth levels were not as much as
anticipated and revenues were not as much as projected. There
was also a larger write-off of bad debts in the water area.
All of those factors led the staff and the Public Utilities
Board to re-examine the level of CIP scheduled for 1987-88.
Several projects were suggested for removal which could be
deferred. Nothing would be involved in the street programs and
nothing was essential to health and welfare of the community.
The projects that were deferred would have the option to be
reviewed and included again at a later date.
Dave Ham, Director of Water/Wastewater Utilities, presented the
items that staff was recommending be deferred. (1) C.A.D.
mapping system - original estimate was too high, (2) New water
plant - proceed with the new plant but the design cost would
not be as high as originally estimated, (3) Water distribution
- oversize participation was not as much as predicted, (4)
Street program - better estimate on costs of the program, (5)
Replace 6" lines with 8" water lines - not necessary due to
slower growth, (6) Water line in the Ranch Estates area -
anticipation of future development which could be deferred
until a later date, (7) Wa~tewater collection - increased line
sizes not necessary due to slower growth than predicted, (8)
Wastewater treatment plant - continue with the design in-house
and defer construction until later.
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City of Denton City Council Minutes
December 1, 1987
Page 14
McAdams motion, Alexander second to approve the revisions to
the 1987-88 CIP Utility Plan. Motion carried unanimously.
10. The Council considered approval to submit a grant
application to the Texas Water Development Board for
implementation planning (Phase 2) of the Denton County Regional
Water and Wastewater Service Study.
Bob Nelson, Executive Director of Utilities, stated that this
was the next step in the Denton County Area Water Study. The
next stage was to proceed with some in-depth studies of areas
proposed by the Study. The Committee recommended to proceed
with some additional studies and seek State aid for some of
those. There were eight different areas that the Committee was
looking at. Some of those areas included a water exchange
plan, regulatory powers and feasibility plan for the Committee,
water shed pollution concerns, and water conservation.
McAdams motion, Alexander second to approve the request to
submit a grant application. Motion carried unanimously.'
11. The Council considered approval of a parking request
from Denton County.
Lloyd Harrell, City Manager, stated that several months ago the
Presiding Judge from the County had approached the City in
regards to parking needs that the County employees would have
as they moved back into the County Courthouse. After several
discussions, a proposed joint parking effort was worked out
between the County and the City. The County would lease 30
parking spaces in the Williams Square Parking Lot and would
encourage employees to use those spaces rather than park around
the Square. The Judge requested five parking stickers for the
Judge and Commissioners to be able to park on the Square.
Staff was recommending the issuance of the five stickers and to
formally amend the lease agreement at a later date.
McAdams motion, Hopkins second to grant approval of the request
for five temporary stickers for the County Commissioners Court
members. Motion carried with a 6-1 vote with Gorton casting
the "nay" vote.
12. The Council held a discussion regarding Highway 77
improvements.
LLoyd Harrell, City Manager, stated that when Mayor Stephens
and Deputy City Manager Rick Svehla visited with the District
Highway Department, they mentioned the need to expand Locust
Street to four lanes where it came into town from I35. This
roadway was not on a state improvement plan or in any
long-range planning. It was the City's thought to get this
City of Denton City Council Minutes
December 1, 1987
Page 15
project on the State's 10 year plan. Wednesday, December 2,
1987, Deputy Manager Svehla received a call from the District
Highway Engineer indicating that the State had just received
additional Federal Aid Urban money and that they had $5 million
available to allocate for a project. They were ready to
allocate that $5 million to the City of Denton for the Highway
77 project which would begin at I35 and continue to FM2164 with
four lanes of traffic. Enough right~of~way would be purchased
so that two additional inside lanes could be built in the
future making the roadway into a 6 lane facility. From the
curve at FM2164 to Sherman Drive, the project would be a
one~way couplet using Locust and Elm Streets, three lanes
wide. The State needed a commitment from the City as soon as
the 2nd of December, 1987. The City was required to meet
certain conditions which included (1) the projected
construction cost of the project was $6 million, $1 million of
which would be the City's responsibility, (2) the City would
assume the responsibility for acquiring all of the right~of~way
necessary for the construction, (3) the City would be required
to relocate all of the utilities in the area, (4) the City
would donate Locust Street from FM2164 to the State Highway
Department, (5) the City would have to commit to making Locust
and Elm a one~way couplet from the curve on FM2164 to Sherman
Drive, (6) the City would need to make a commitment to the
State no later Friday, December 4, 1987. Staff was proposing
the following in order to meet the State's requirements: (1)
the $1 million construction donation ~ $500,000 was already
earmarked for the repaying of Locust from University to
Congress from the $10 million bond issue which the State
Highway Department had already done. Texas Instruments was
willing to give the City a $500,000 commitment to cover the
rest of the construction cost contingent on the project
happening and the City willing to install a' temporary signal
light and minimal turn lane work so that employees could get in
and out of the plant. (2) Right~of~way expense ~ staff would
immediately begin to contact major property owners in the area
to find donations of right~of~way and possible monetary
commitments to help purchase the right~of~way that would not be
donated. (3) Locust Street donation to the Highway Department
~ due to the fact that the City had already spent $500,000 on
Locust, the State was willing to cut $500,000 from the
construction price. (4) One~way couplet of Elm and Locust ~
this would not be a popular decision with the citizens but
eventually that would occur anyway. (5) Relocation of
utilities ~ this could be done by a Utility CIP project. (6)
Giving the State a decision so quickly ~ staff would prefer to
have a longer period of time to study the proposal, but that
was just not available.
375
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City of Denton City Council Minutes
December 1, 1987
Page 16
Rick Svehla, Deputy City Manager, presented the major steps in
the time schedule for construction of the project.
After a discussion by the Council, consensus was to instruct
staff to convey acceptance to the State Highway Department of
the offer and to further work with the Highway Department on an
agreement for formal approval.
Council Member Gorton stated that he could not support the
project at this time due to the fact the public had not been
informed ahead of time.
Consensus of the Council was to have Deputy City Manager Svehla
express their concern with the one-way couplet of Locust and
Elm.
13.
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following item:
A. A Council meeting might be necessary for either
the 22nd or 29th of December due to the length between Council
meetings. He asked for a consensus of a possible date.
Consensus of the Council was to meet on the 29th of December if
necessary.
14. The following official action was taken on the
Executive Session item of legal matters:
Council Member Gorton left the meeting.
Debra Drayovitch, City Attorney, stated that pursuant to the
discussion of agenda item concerning the Flow Hospital lawsuit
settlement, staff was requesting that official action be taken
in that regard. She reported that the attorneys had met two
full days and drafted eight of the eleven necessary documents
for the settlement. Wednesday afternoon was the latest that
any changes could be made and all the parties would execute the
documents Thursday and Friday. Friday, December 4, 1987, the
documents would be presented to the District Judge for his
signature. Thirty days after that would be the closing on the
property and the City, County and Trust would transfer their
interest in the Hospital to the new Flow Regional Medical
Center, Inc., the non-profit 501 (c)(3) corporation.
Mayor Pro Tem McAdams left the meeting.
Drayovitch requested that the Mayor be authorized on a voice
vote to execute certain agreements relative to the
compromise-settlement agreement and the finalization of all of
377
City of Denton City Council Minutes
December 1, 1987
Page 17
the documents necessary for the transfer. Those documents
would be presented to the Council for formal ratification at
the next Council meeting.
Boyd motion, Alexander second to authorize the Mayor to execute
the compromise and settlement agreement in the lawsuit of the
County vs. the City and to execute the asset transfer agreement
regarding Flow Memorial Hospital and a service agreement with
Flow Regional Medical Center, Inc. On a voice vote, motion
carried unanimously.
Mayor Pro Tem McAdams and Council Member Gorton returned to the
meeting.
15. New Business
There were no items of new business suggested by the Council
Members.
16.
The Council did not convene into the Executive Session.
With no further business, the Council adjourned at 10:10 p.m.
iNNIF~ WA~L T ERS
TY S~.CRETARY
CITY OF DENTON, TEXAS
2813C