Minutes December 08, 1987378
CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 8, 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 Ayer, Alexander, Boyd, Gorton and Hopkins
ABSENT: None
The Mayor recognized John Matthews, Leadership Denton, and the
members of the Leadership Denton class.
John Matthews, Leadership Denton, introduced the members of the
class to the Council and presented a brief overview of the
program.
1. The Council received a report regarding the status of
the Economic Development Program.
Bill Holt, Economic Director-Denton Chamber of Commerce,
reported that the program was working on a target market study
of the Dallas-Ft. Worth metroplex, a study of the strengths and
weaknesses of Denton, an industry retention program and a small
business assistance program. He stated that the program was
trying to solicit new businesses to Denton, keep the businesses
Denton already had, and assist small businesses in Denton.
Betty McKean, Executive Director of Economic Development and
Municipal Services, presented the economic development goals
for the City.
2. The Council received a presentation of the North Texas
Commission annual contract request.
Mayor Stephens stated that this was a regular budget item which
had been approved in the budget. The contract was up for
renewal and staff was asking Council's views on the renewal of
the contract.
Consensus of the Council was to proceed with the renewal of the
contract.
3. The Council received a final report from the Main
Street Funding Task Force.
Council Member Gorton relayed the organizations concerns
regarding going back into their budgets so late in the year for
funding for the Main Street Project. His opinion was that it
was too late for state funding for this year and that perhaps
it would be better to organize the program for next year. He
stated that he endorsed the recommendations of the Task Force.
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December 8, 1987
Page 2
379
Council Member Alexander stated that the Main Street Project
was an important part of the Economic Development Program. He
would like to start making plans for the project this year so
that they could be implemented next year.
Yvonne Jenkins of the Task Force stated that the Main Street
Project was viable but not under the time frame that was given
for this year. She felt that continued communication was
needed for next year.
4. The Council held a discussion regarding possible joint
elections with the Denton Independent School District.
Jennifer Walters, City Secretary, informed the Council that
Gilbert Bernstein of the D.I.S.D. had inquired about the
possibility of contracting with the City to hold joint School
Board/City Council elections. She presented several
suggestions in connection with such a contract.
Consensus of the Council was to proceed with the drafting of a
contract to be presented to the Council at a later date.
5. The Council received an update regarding the
construction of a neighborhood park at the intersection of
Teasley and Longridge.
Steve Brink~an, Director of Parks and Recreation, stated that
the property was a future site for an elementary school. There
were no plans to use the site by the D.I.S.D. for approximately
five years. A minimum development of the site was proposed for
a park similar to Briercliff Park on State School Road.
Bob Tickner, Superintendent of Parks, described the property
conditions and the informal play areas proposed for the site.
The equipment would be portable in nature for future movement
when the school was built.
6. The Council convened into the Executive Session to
discuss legal matters (D.I.S.D. vs. Walters Ray Hawk et. ex.
and D.I.S.D. vs. Gary O. Fellars), real estate, and personnel
and board appointments. No official action was taken.
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
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City of Denton City Council Minutes
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Page 5
Public Hearing
A. The Council considered a petition of W. D. Byrne,
representing the Y.M.C.A. of Metropolitan Dallas, requesting
extension of an existing specific use permit and amendment of
the approved site plan for an 8.S9 acre tract located at the
northwest corner of Windsor Drive and Riney Road. The property
was further described as a tract in the N.H. Meisenheimer
Survey, Abstract 810, and was the location of the Y.M.C.A.
office and athletic facilities.
The Mayor opened the public hearing·
Bill Byrne, Director of property management for the Y.M.C.A.,
recommended approval of the petition. He stated that there
were four recommendations from the Planning and Zoning
Commission that he would like to comment on. He stated that
the Planning and Zoning Commission had recommended that the
parking lot containing $0 additional spaces be completed within
a year from the effective date of the ordinance. He was
requesting that the effective date be within a year of the
Certificate of Occupancy. The Planning and Zoning Commission
had also recommended that the screening by the parking be
completed within a year from the effective date of the
ordinance. He was requesting that the screening have the same
time limit. The other conditions from the Planning and Zoning
Commission were agreeable.
Mayor Pro Tem McAdams asked what was the anticipated completion
date.
Bryne replied by the end of April.
approximately 180 days.
Const.ruction time was
Sandy Morander, Executive Director of the Y.M.C.A., requested
approval of the petition.
No one spoke in opposition·
The Mayor closed the public hearing.
Denise Spivey, Urban Planner, stated that the original Specific
Use permit, was approved in 1984 with a condition that if the
project was not completed within 3 years, the permit would
expire and a new permit would have to be submitted· Concerns
of the Planning and Zoning Commission included (1) Parking ~ 56
spaces were now available. Neighborhood comments indicated
Chat parking was a major problem, particularly on Saturday and
Sunday with sports events. Planning and Zoning concern lead to
the condition that additional parking be completed within one
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Page 4
year of the effective date of the ordinance. Any changes would
have to be presented to Planning and Zoning and the City
Council. (2) Screening - Planning and Zoning had recommended a
permanent 6' living screen located along the northern boundary
of the additional parking lot for visual screening purposes
from the adjacent houses on the north. A possible compromise
might be that the screen would be installed before the parking
lot was to be used but that a three year period might be
allowed for the screen to reach its maximum height. (3) Signs
- no detachable signs would be permitted. (4) Landscaping -
20% of the area must be landscaped within 2 years from the
effective date of the ordinance. Planning and Zoning had
recommended approval of the petition on December 2, 1987 with a
5-0 vote with conditions.
Lloyd Harrell, City Manager, stated that staff was concerned
that the building would be built and ready for use before the
parking would have to be in place if the adjustment was made to
the condition of parking completion within one year of the
effective date of the ordinance.
The following ordinance was considered:
NO. 87-222
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A
SPECIFIC USE PERMIT FOR A YMCA FACILITY, AS SAID
PERMIT APPLIES TO 8.5 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF WINDSOR DRIVE AND RINEY ROAD;
REPEALING THE SPECIFIC USE PERMIT GRANTED BY ORDINANCE
NO. 84-95: PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Boyd motion, McAdams second to adopt the ordinance.
Gorton motion, Boyd second to amend Section 3, Subsection 2 of
the ordinance to read "which will mature over a three (3) year
period to a minimum height of six feet". On roll vote, McAdams
"aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
Council then voted on the main motion as amended. 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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Page 5
Mayor Stephens recognized John Matthews of the Leadership
Denton group in the audience.
John Matthews, Leadership Denton, presented a brief overview of
the program and introduced members of the group.
Item 3.D. was moved ahead in the agenda order.
3. Ordinances
D. The Council considered adoption of an ordinance
directing the issuance of notice of sale of $3,600,000 General
Obligation Bonds.
The following ordinance was considered:
87-225
ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF
BONDS
Council Member Hopkins left the meeting with a potential
conflict of interest.
John McGrane, Executive Director of Finance, stated that this
was a charter requirement that prior to any bond sale the City
had to give notice of that intent to sell. This was the second
year of the five year CIP plan.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
Council Member Hopkins returned to the meeting.
The Council returned to the regular agenda order.
Consent Agenda
Mayor Stephens stated that Item 2.A.1. would be pulled for
special consideration.
Lloyd Harrell, City Manager, stated that the proposed fire
engine acquisition program would modernize the current fleet.
Some of the engines were very dated and many pieces of
equipment were at times out of service for maintenance due to
the age of the equipment.
John Cook, Fire Chief, stated that this was a combined efforts
of various City departments. It would significantly improve
the safety of the firefighters and the citizens. The new
equipment would also increase the City's fire flow and improve
the depth of the Fire Department.
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December 8, 1987
Page 6
Stephens motion, McAdams second to approve the Consent Agenda
as presented. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. #9799 - 1500 GPM Pumper Firetruck
3. 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. 87-223
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.
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.
B. The Council considered adoption of an ordinance
and service plan instituting annexation of approximately
587.3035 acres of land being part of the J. Clayton Survey,
Abstract No. 221; J. Lamar Survey, Abstr.act No. 754; and M.
McBride Survey, Abstract No. 804. A-51
The following ordinance was considered:
NO. 87-
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 587.3035 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE J. CLAYTON SURVEY, ABSTRACT NO. 221,
J. LAMAR SURVEY, ABSTRACT NO. 754, AND M. MCBRIDE
SURVEY, ABSTRACT NO. 804, DENTON COUNTY, TEXAS;
CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT
PROPERTY; AND DECLARING AN EFFECTIVE DATE.
Lloyd Harrell, City Manager, stated that the annexation was at
this point still at the 1000' width. Prior to final adoption,
it would be dropped back to the 100' width.
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City of Denton City Council Minutes
December 8, 1987
Page 7
Alexander 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
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, as
said map applies to 23.7 acres of land, as is more particularly
described herein, to provide for the creation of an historic
district in accordance with the provisions of Article 28A of
Appendix B-Zoning of the Code of Ordinances; said district to
be known as the Oak-Hickory Historic District; providing for a
penalty in the maximum amount of $2,000.00 for violations
'thereof; and providing for an effective date.
following ordinance was considered:
NO. 87-224
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, AS SAID MAP APPLIES
TO 23.7 ACRES OF LAND, AS IS MORE PARTICULARLY
DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF AN
HISTORIC DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE 28A OF APPENDIX B-ZONING OF THE CODE OF
ORDINANCES; SAID DISTRICT TO BE KNOWN AS THE
OAK-HICKORY HISTORIC DISTRICT; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE
Council Member Boyd left with meeting with a potential conflict
of interest.
Denise Spivey, Urban Planner, presented a brief overview of the
historical district.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
" Ayer "aye,"
Gorton "aye, and Mayor Stephens "aye." Motion
carried unanimously.
Council Member Boyd returned to the meeting.
D. Item D. was considered earlier in the meeting.
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December 8, 1987
Page 8
E. The Council considered adoption of an ordinance
authorizing the Mayor to execute a contract with Employee
Resources for administration of the Flexible Benefits Program.
The following ordinance was considered:
NO. 87-226
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH EMPLOYEE RESOURCES ADMINISTRATION
CORPORATION FOR ADMINISTRATIVE SERVICES RELATIVE TO
THE CITY'S PROPOSED FLEXIBLE BENEFITS PLAN;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Tom Klinck, Director of Personnel, stated that this would be an
enhancement of benefits for employees of the City which was
considered with the adoption of the budget. Certain employee
benefit expenses would be allowed to be paid on a pre-tax basis
as opposed to an after-tax basis. This was a voluntary option
for the employees. A savings would be realized by both the
City and the employees.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton
"ayes" Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute a Compromise and Settlement
Agreement in that certain litigation styled Denton County vs.
the City of Denton, et al.
The following ordinance was considered:
NO. 87-227
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
COMPROMISE AND SETTLEMENT AGREEMENT IN THAT CERTAIN
LITIGATION STYLED DENTON COUNTY VS. CITY OF DENTON,
BOARD OF DIRECTORS OF FLOW MEMORIAL HgSPITAL, H. E.
FLOW TRUST AND JIM MATTOX, ATTORNEY GENERAL OF TEXAS;
AND DECLARING AN EFFECTIVE DATE.
Council Member Gorton left the meeting with a potential
conflict of interest.
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Debra Drayovitch, City Attorney, stated that the ordinance
would ratify the Council's voice vote of the previous Tuesday
in which the Mayor was authorized to execute the compromise
settlement agreement in the lawsuit in which the County and the
Hospital sued the City. The compromise settlement agreement
was approved by Judge Sam Houston Friday, December 4, 1987.
The agreement set forth the terms of settlement of the lawsuit
and included a settlement as to everything except for indigent
care which would continue to be litigated. Exhibits to the
compromise and settlement agreement included the asset transfer
agreement which was the vehicle by which the City, the County,
and the Flow Trust transfers its interest to the 501 (c)(3)
non-profit corporation to run the Hospital. The closing was
scheduled for January 8, 1988.
Boyd motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "ayes" Hopkins "ayes" Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
authorizing entry into an agreement with the County of Denton,
The Flow Memorial Hospital Board of Directors, the H. E. Flow
Trust, the Attorney General of Texas, and Flow Regional Medical
Center, Inc. for the transfer of assets of Flow Memorial
Hospital; and declaring an effective date.
The following ordinance was considered:
NO. 87-228
AN ORDINANCE AUTHORIZING ENTRY INTO AN AGREEMENT WITH
THE COUNTY OF DENTON, THE FLOW MEMORIAL HOSPITAL BOARD
OF DIRECTORS, THE H. E. FLOW TRUST, THE ATTORNEY
GENERAL OF TEXAS, AND FLOW REGIONAL MEDICAL CENTER,
INC. FOR THE TRANSFER OF ASSETS OF FLOW MEMORIAL
HOSPITAL; AND DECLARING AN EFFECTIVE DATE.
Debra Drayovitch, City Attorney, stated that this was the asset
transfer agreement which had been approved by the Attorney
General's Office.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
H. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Flow
Regional Medical Center, Inc. for the provision of health care
services to the residents of the City; and providing an
effective date.
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The following ordinance was considered:
NO. 87-229
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE
CITY OF DENTON AND DENTON REGIONAL MEDICAL CENTER,
INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT;
PROVIDING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
Council Member Gorton returned to the meeting.
I. The Council considered adoption of an ordinance
accepting a bid for a hydroelectric turbine purchase for
Lewisville Lake from Dominion Bridge-Sulzer.
The following ordinance was considered:
NO. 87-230
AN ORDINANCE ACCEPTING THE BID FOR THE CONSTRUCTION OF
A TURBINE WITH AUXILIARY EQUIPMENT FOR THE LAKE
LEWISVILLE HYDROELECTRIC PROJECT; AWARDING A CONTRACT
TO DOMINION BRIDGE-SULZER, INC.; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Bob Nelson, Executive Director of Utilities, stated that this
was an ordinance for bid acceptance for a hydroelectric turbine
contract for Lewisville Lake. There were two bids for the
project and based on an evaluation, the Sulzer unit was
determined to be better. Savings to the water/wastewater
department would be approximately $200,000 per year.
Council Member Hopkins stated that she would vote for the
ordinance but with reservations. Her reservations were that
the project had not been legally cleared through TMPA which
held the position that the power sales agreement prohibited
such a procedure. She would only vote for it because she had
been assured by the City Manager and the Executive Director of
Utilities that in the event the power sales agreement was not
amended by the time the plant went into operation, there
existed better than 50/50 or 80/90 percent chance that the City
could sell the plant and recover the money spent on the project.
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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.
4. Resolutions
A. The Council considered approval of a resolution
by the City of Denton, Texas, authorizing the City Manager to
sign and submit an amendment to the Final Statement of
Objectives and Projected Use of Funds submitted June 1, 1987 to
the Department of Housing and Urban Development with
appropriate verifications, as authorized and required by the
Housing and Community Development Act of 1974, as amended; and
declaring an effective date.
The following resolution was considered:
RESOLUTION NO. R87-078
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO
THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF
FUNDS SUBMITTED JUNE 11, 1987 TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE
VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED; AND DECLARING AN EFFECTIVE DATE.
Connie Wells, Chairman of the Community Development Block Grant
Committee, stated that this was a request to change an
allocation of $25,000. Originally the money was to be used for
a feasibility study for a small business incubator. It was
being requested that the money be used to implement a small
business development center.
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.
B. Item B. was pulled from the agenda.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, had no items for consideration.
6. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
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December 8, 1987
Page 12
389
7. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gorton requested that the legal
documents necessary to create a Main Street Project Task Force
be prepared to carry on the project.
8. The Council did not reconvene into the Executive
Session.
With no further business, the meeting was adjourned at 8:15 p.m.
TNi~R WALTERS
Y S~CRETARY
Y OF DENTON, TEXAS
2817C