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Minutes January 05, 1988395 Ci[TY OF DENTON CITY COUNCIL MINUTES January 5, 1988 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 of the proposed agreement line with neighboring cities. David Ellison, Acting Executive Director of Planning; presented a proposed agreement line with neighboring cities including Aubrey, Pilot Point, Sanger, Ponder and Krugerville. He stated that Denton's number one priority was to control as much of the ETJ surrounding Lake Ray Roberts as possible to protect ~he water source and monitor development in the area. The agreement with ~brey was crucial as it involved an annexation the City was currently working on. Ellison stated that the agreements with the various cities included a clause that area property owners must be contacted and in agreement with the particular city which wanted to incorporate it. This clause had to be completed before staff would recommend the formal agreement. Consensus of the Council was to proceed as presented with the agreement with Aubrey and to bring back at a future meeting the planning/zoning regulations of the other area cities for study. 2. The Council held a discussion of the proposed moderate node at Colorado Blvd. and Lakeview Blvd. David Ellison, Acting Executive Director of Planning, presented an overview of the proposal. He stated that the node at Colorado and Lakeview would be a trade-off for two nodes at Blagg and Lakeview and Mills and Lakeview. These nodes were not approved in the Denton Development Guide but were approved by zoning procedures. The objectives for the proposal were to reduce density/intensity in the Lakeview plan, present both Lakeview and Southview as one piece of property and to establish positive relations with the property owners. Cecile Carsons, Urban Planner, presented an overview of the proposed Lakeview development. Consensus of the Council was to proceed with the preparation of a resolution changing the policy guide to reflect the node proposal. 396 City of Denton City Council Minutes January 5, 1988 Page 2 3. The Council was to receive a report regarding the Dallas Drive median beautification project. This item was not considered. 4. The Council was to review a draft contract with the D.I.S.D. regarding joint elections. This item was considered later in the meeting. 5. The Council did not convene into the Executive Session. Items for consideration were held over for discussion later in the meeting. 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 Member Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT None 1. The Council considered approval of the minutes of the regular meeting of December 1, 1987 and December 8, 1987. McAdams motion, Gorton second to approve the minutes as presented. Motion carried unanimously. 2. The Council considered a request from the Cross Timbers Girl Scout Council to hang banners across Locust and Elm Streets promoting their annual cookie sale. Giselle Kroebel, Fund Development and Public Relations for the Cross Timbers Girl Scout Council, requested that Council approve the request to hang banners across Elm and Locust Street during the month of February, 1988. Hopkins motion, McAdams second to approve the request. Motion carried unanimously. A. The Council considered adoption of an ordinance and service plan annexing approximately 23.126 acres of land being part of the A. Gibson Survey, Abstract 498, and located south of E1 Pasco Drive at Forestridge. (A-53) The following ordinance was considered: City of Denton City Council Minutes January 5, 1988 Page 3 NO. 88-001 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 23.126 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE A. GIBSON SURVEY, ABSTRACT NO. 498, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY: AND DECLARING AN EFFECTIVE DATE. Cecile Carsons, Urban Planner, stated that this was final action on a 23 acre parcel known as Forestridge Phase III. Planning and Zoning recommended approval. 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. B. The Council considered a petition of the City of Denton requesting single family with 16,000 square foot minimum lots (SF-16) zooming on approximately 23,126 acres located south of E1 Paseo Drive at its intersection with Forestridge Drive. The property was shown in the A. Gibson Survey, Abstract 498. If the zoning were approved, the property may be utilized for any use permitted in the single family (SF-16) district. Z-1872. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carsons, Urban Planner, stated that this was a request by the City of Denton. The original request in 1985 was by Lodge Construction and Hammett and Nash for SF16 zoning. There were two houses currently under construction. This was an extension of an existing subdivision. The Planning and Zoning Commission recommended approval. The following ordinance was considered: 397 398 City of Denton City Council Minutes January 5, 1988 Page 4 NO. 88-002 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 23.126 ACRES OF LAND LOCATED SOUTH OF EL PASEO DRIVE AT ITS INTERSECTION WITH FORESTRIDGE DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO SINGLE-FAMILY "SF-16" 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. 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. C. The Council considered a petition of Metroplex Engineering Corporation, representing Dr. Bill Cudd, requesting amendments to an existing planned development (PD-119) on an 18.2 acre tract located at the northeast corner of U.S. Highway 380 and Old North Road. The property was further described as a tract in the R.B. Longbottom Survey, Abstract 775. The following amendments were proposed: amend approved detailed plan for Phase One - 3.4 acres (existing office buildings) to permit utilization of the parking area as a private street; amend approved concept plan (future development) - to add a condition prohibiting the utilization of designated parking areas as private streets. Council Member Gorton left the meeting with a potential conflict of interest. The Mayor opened the public hearing. Greg Edwards, Metroplex Engineering, spoke in favor. He stated that the original intention was to sell individual office space to professionals. Phase One was discussed as a lot/block subdivision versus a single lot subdivision. A single lot subdivision was presented as not all of the building sizes and lot sizes had been formalized. In the past, access from the lots from the streets were through the common areas. The Development Review Committee stated that this practice was in violation of the Subdivision Ordinance. This presented a problem as the owner had already made some contractual obligations for the property. A compromise had been worked out City of Denton City Council Minutes January 5, 1988 Page 5 399 which was presented for changes in the parking, the utilities. Council approval. There would be no paving, location of the buildings or No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that the request was necessary by the petitioner's desire to sell lots individually rather than having a condominium situation as was originally proposed with the zoning. The Subdivision Regulations require that each separately platted lot or tract front upon a dedicated public street or a private street in a planned development. Lots 4-5 would not have had frontage on either a public or private street as originally shown. Therefore, the request was to [lave the parking and access area designated as a private street in order that the petitioner could comply w~th the Subdivision Regulations. Planning and Zoning Commission approved the request on December 16, 1987 with a 6-0 vote with. the conditions listed. The conditions would permit the property owner to fulfill his current contractual obligations, provide adequate parking for Phase One and would prevent the problem from occurring in the future phases. Council Member Boyd asked if the obligation for maintaining a private road would rest with the property owner. Spivey replied yes that one of the conditions of the ordinance required that a property owners association be organized to maintain any commonly held area which would include the private streets, the access area and landscaped area. The following ordinance was considered: NO. 88-003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 86-172, TO PROVIDE FOR AMENDMENT OF THE CONDITIONS APPLICABLE TO THE PLANNED DEVELOPMENT DISTRICT FOR 18.24 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF U. S. HIGHWAY 380 AND OLD NORTH ROAD; PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 3.4 ACRES OF THE DISTRICT (PHASE I); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 40O City of Denton City Council Minutes January 5, 1988 Page 6 Hopkins 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. Council Member Gorton returned to the meeting. D. The Council considered a petition of Harold Easley requesting a variance of Article III, 4.03 (H)(2), of the City of Denton Subdivision and Land Development Regulations for a 25.7 acre tract located on the north side of Luginbyhl Road approximately one mile east of FM 2450. The property was further described as a tract in the J.C.P. Melton Survey, Abstract No. 802. Article 4.03 required the improvement of an 859.21 foot section of Luginbyhl Road. V-37. The Mayor opened the public hearing. Brian Burke, Burke Engineering, spoke in favor. He presente~ a review of the history of the project. He was requesting a variance on the perimeter street paving requirement. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that this variance was being considered under the new variance ordinance. She also reviewed the history of the request. The new variance ordinance reduced the number of criteria required from eight to three. All three criteria must be met in order to grant a variance. The criteria were for a variance were: (1) the variance must not violate any Master Plans - Planning and Zoning found that this variance would not violate any Master Plans since the Master Plan was not specific in the area and Luginbyhl Road was not shown as an arterial or on City or County thoroughfare plans; (Z) the special conditions upon which a variance request was based must relate to the topography, the shape or other unique physical features of the property which were not generally common to other properties - Planning and Zoning felt this criteria was met due to the property's considerable distance from the City limits and the fact that the surrounding property was rural ranch land; (3) the special conditions upon which the request was based did not result from or were not created by the owners or any prior owners action or omission - Planning and Zoning Commission felt that this criteria was fulfilled since the owner did not do anything to create this particular situation. The Planning and Zoning Commission recommended approval of the request at its December 2 meeting with a 4-1 vote since all the three ¢:iteria had been met. City of Denton City Council Minutes January 5, 1988 Page 7 401 Mayor Pro Tem McAdams stated that she had a concern with criteria ~2. If being a great distance from the City limits made it unusual, then that condition would apply to a great many properties. She felt that the Council had something specific in mind for that criteria, not lust that it was land some distance from the City. She questioned whether such a vague statement was legal rather than a specified distance. Debra Drayovitch, City Attorney, stated that what was unique for one was unique for all. Mayor Pro Tem McAdams felt that the criteria was more for the physical condition of the property and not a distance from the City limits. Council Member Hopkins stated part of Planning and Zoning's decision was ti~at the area was not on a Master Plan gnd services would not be provided to the area for quite some time. She felt that if it were not legal for the Council to vote on variances, why have any variance requests at all. Council Member Boyd stated that there were obviously other reasons not given in the Planning and Zoning minutes that constituted the decision of the Planning and Zoning Commission. Mere detailed facts were used to reach the decision. Council needed to look at all of the record and not just a summary of the events. Council Member Alexander stated that he did not like the idea of the Council not being able to grant variances unless it was totally consistent on all the details down the line. That would reduce the authority and responsibility of the City Council. He felt the Council should look at the overall picture. Mayor Stephens stated that the motion by the Planning and Zoning Commission tracts exactly the ordinance the Council passed in mid-November. Hopkins motion, Alexander second to grant the variance. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Cotton "aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye." Motion carried with a 5-2 vote. E. The Council considered petition of Trinity Baptist Church requesting the following variances of the City of Denton Subdivision and Land Development Regulations for a 12.05 acre tract, located at the southeast corner of FM 1173 and Masch Branch Road: Article III, 4.03 (2)(b) - which required the improvement of a lZ60 foot section of Masch Branch Road. 402 City of Denton City Council Minutes January 5, 1988 Page 8 Article III, 4.15 (a) adequate provision for basins. - which required developers to make storm or floodwater runoff channels or The Mayor opened the public hearing. Dwight Lilly, Pastor of Trinity Baptist Church, presented the history of the variance request. Dick Kelsey, representing Trinity Baptist Church, stated that the problem was in the ETJ, He stated that a new state statute provided more latitude than under the pre-existing law. He stated that if the church had purchased all of the 12 acres there would be no problem since the land would not be subdivided. He stated that the seller of the property was responsible for not providing adequate details concerning the property that the church bought. No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Urban Planner, stated that this variance was also considered under the new variance ordinance. The criteria to meet were: (1) the variance would not violate any Master Plans - the property was located on Masch Branch Road which was on a County thoroughfare plan as a primary major arterial and on the new proposed City thoroughfare plan as a primary ma]or arterial - granting of the variance would violate the Master Plan and this criteria was not met: (2) special conditions upon which a variance request was based must relate to the topography, the shape or other unique physical features of the property which were not generally common to other properties - there were no special conditions connected with the property and this criteria was not met; (3) the special conditions upon which the request was based did not result from or were not created by the owners or any prior owners action or omission - the property had been purchased by mets and bounds from a previously platted lot approved by the County - had the entire lot been purchased, no replatting would have been required - thus this criteria had not been met. Planning and Zoning voted to deny the variance with a 5-0 vote since all three criteria had not been met or fulfilled. Council could impose conditions on a variance it granted and Planning and Zoning presented the two options of an earthen channel rather than a concrete channel and a deferral of the required road improvements through a bonding format. City of Denton City Council Minutes January 5, 1988 Page 9 403 Council Member Alexander asked if the church was agreeable to the possible conditions of the earthen channel and the bonding of the road improvements. Spivey replied yes. Mayor Stephens asked if the variance were granted, who would pay for the improvements in the future. Spivey replied that it would depend on whether the property were located in the City or the County. If the property were located in the County, the County would pay for the improvements. Itl the property were located in the City, the City would pay for the improvements usually by a bond election, CIP programs or an assessment of property owners. Stephens requested an opinion from the Attorney regarding the City going back to the original owner to pay for the improvements rather than the buyers of portions of the property. Debra Drayovitch, City Attorney, stated that it would be simpler to require the person waiting for the permit to work out the details with the seller. Council Member Hopkins asked if the variance still under consideration for future refinement. that would provide for the ETJ. ordinance was Alternatives David Ellison, Acting Executive Director of Planning, stated the concept was to define a service district and outside of that service district there would be reduced requirements of standards for roads. Unfortunately, the property was too close to what was projected as future urbanized area and was on the Master Plan and would not fit in with property potentially too far from the City limits. He wanted to stress that in recent experiences, it was very difficult for small individuals to obtain bonding for this type of development. He stated that Planning and Zoning had considered a third alternative which would not require off-site improvements. Legally this was not wise because if the conditions were not imposed on the developer at that time, there would be no way of going back and getting the off-site improvements other then through the City's expense in the future. Mayor Pro Tem McAdams stated that the least fair aspect of the situation was that the church was having to make the off-site improvements. Perhaps the City could collect from the owner for the off-site improvements. The church was being required to make improvements for someone else's profit. 4O4 City of Denton City Council Minutes January 5, 1988 Page 10 McAdams motion, Alexander second to table the request until the next Council meeting. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 6-1 vote. F. The Council considered a petition of Briercroft Savings Association requesting a variance of Article III, 4.04, of the City of Denton Subdivision and Land Development Regulations for a 3.4 acre tract located on the northwest corner of North Locust Street (FM 2164) and Evers Parkway. The property was further described as a tract in the B.B.B. & C.R.R. Company Survey, Abstract No. 186. Article 4.04 required that developers install sidewalks on one side of all thoroughfares and collector streets adjoining a subdivision. V-41. The Mayor opened the public hearing. Bill Coleman, Coleman and Associates Surveying, spoke in favor of the request. He stated that the owners were in the process of replatting the property as a bookkeeping matter to clear up an over-site regarding a lot not receiving a designation on the original plat. The development, when originally platted, complied with all of the rules and regulations and was approved. During the replatting process, it was determined that a sidewalk would be required. This was a new requirement and was not a requirement at the time the tract was originally platted. He was maintaining that since there was no development to the north of the property and since there was no sidewalk to the south of the property, the requirement for a sidewalk at the location was not necessary. The 90' of sidewalk would have to span 60'drainage easement. Joe Rutledge, Briercroft Savings Association, stated that Briercroft has recently received title to the project. A swimming pool had been shown on the original site plan and had never been installed. The location for the proposed swimming pool had never been assigned a lot number which would not allow a building permit to be issued. A certificate of correction was applied for but staff insisted that a replat needed to be done for housekeeping purposes. He suggested a bonding for a sidewalk and defer the project for approximately 10 years. The money would be supplied through a letter for credit stating that the project would be built at such time that sidewalks were put up to either side of it. If sidewalks were not built on either side within the 10 years, the bond would be returned. No one spoke in opposition. City of Denton City Council Minutes January 5, 1988 Page 11 405 The Mayor closed the public hearing. Denise Spivey, Urban Planner. stated that the request was necessitated when the owners of the property applied for a building permit for a swimming pool. The property was zoned planned development and the open space area was dedicated in the planned development for open space purposes for which a swimming pool would qualify. A replat was necessary to give the open space area a lot/block number as it was not done when the property was originally platted. The sidewalk requirement was in effect when the property was originally platted but through staff over-site, the requirement was not enforced. During the Development Review process, it was discovered that the sidewalk ]~equirement had not been enforced and the developer was informed of the requirement. The request had to meet the three criteria set forth for variances. The criteria were: (1) the variance must not violate any Master Plans - as the Subdivision Regulations required sidewalks on the west side of collector streets or larger and within one block of a school, granting the variance would violate a Master Plan: (2) the special conditions upon which a variance request was based must relate to the topography, the shape or other unique physical features of the property which were not generally common to other properties - the property did not present any special conditions; (3) the special conditions upon which the request was based did not result from or were not created by the owners or ,any prior owners action or omission - due to previous staff over-site, this was the opportunity for staff to now proceed with the requirement for sidewalks as originally enacted. Planning and Zoning voted for denial with a 5-0 vote since all three of the criteria had not been met. Staff was not aware of any previous deferrals concerning sidewalks but was willing to investigate that possibility if it were legally and technically possible to defer such a project. Lloyd Harrell, City Manager, requested that if the Council felt a deferral of the project were a viable possibility to explore, the item might be tabled rather than trying to negotiate on the Council floor. Staff would be able to investigate the proposal and confer with the legal staff regarding the legal implications. Mayor Pro Tem McAdams cautioned that Council needed to ensure that the sidewalk would be built and built in a timely manner as the school was already there and the children needed somewhere safe to walk to school rather than in the streets. Spivey stated that the property to the north was zoned SF-7 and north of that property were two planned developments which showed substantial amounts of residential development. Due to the location of the school and the park, staff felt that a sidewalk was vital. 406 City of Denton City Council Minutes January 5, 1988 Page 12 Alexander motion, Gorton second to table the request until the next Council meeting. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "nay." Motion carried with a 5-2 vote. Item 7.A. was moved ahead in the agenda order. 7. Resolutions A. The Council considered approval of a resolution closing a portion of Highland Street January 21, 1988. The following resolution was considered: RESOLUTION NO. R88-001 A RESOLUTION TEMPORARILY CLOSING A PORTION OF HIGHLAND STREET ON JANUARY 21, 1988: AND DECLARING AN EFFECTIVE DATE. Jim Hobdy, Assistant Athletic Director of NTSU, stated that this would be a fund raising event January 21, 1988. This would be a food tasting party and it was requested that Highland be blocked off between Avenue E and Avenue D to allow vendor parking. There would be one lane open for public traffic and would give two lanes for vendor parking. Mayor Stephens felt that too much of the street would be blocked off and that perhaps there would be enough space if only Avenue D to the tennis courts were blocked off. McAdams motion, Ayer second to direct the City Manager to work with the appropriate NTSU official to establish barricades to block off sections of Highland between Avenue D and Avenue E as appropriate on January 21, 1988. Motion carried unanimously. The Council returned to the regular agenda order. 4. The Council was to receive Givens regarding the demolition of Sycamore. a report from Mr. James a building at 1117 E. The item was pulled at the request of the petitioner. City of Denton City Council Minutes January 5, 1988 Page 13 Consent Agenda Council Member Gorton asked that Item 5.B.2. be removed for separate consideration. Council Member Hopkins asked that Item 5.A.3. be removE~d for separate consideration. A. Bids and Purchase Orders: 1. Bid #9759 - FIRE FIGHTER BUNKER GEAR 2. Bid ~9803 - TRANSFORMER REPAIR 3. Bid #9809 - SOFT DRINKS 4. Bid ~9815 - ONE MW GENERATOR UNIT P.O. #82017 - GENERAL ELECTRIC CO. - $20,561.00 6. P.O. ~82501 - XEROX CORPORATION $31,540.95 P.O. %82393 - TARRANT SYSTEMS, INC. $12,090.42 B. Plats and Replats 1. Consider approval of preliminary and final replats of the Golden Triangle Mini-Mall Addition, Lots 1R-SR, Block A. Consider approval of replats of the Professionals Office 1R-7, Block 1. preliminary and final Northwood Gardens Park Addition, Lots McAdams motion, Gorton with the expectation unanimously. second to approve the of 5.A.3. and 5.B.2. Consent Agenda Motion carried Item 5.A.3. was considered. LLoyd Harrello City Manager, stated that this item was for all of the soft drinks used by the Park Department at various facilities in the concessions areas. The drinks were bought in volume and sold in the vending machines at the recreation center, etc. Hopkins motion, McAdams second to approve Item 5.A.3. Motion carried unanimously. 407 408 City of Denton City Council Minutes January 5, 1988 Page 14 Council Member Gorton left the meeting with a potential conflict of interest. Item 5.B.2. was considered. McAdams motion, Alexander second to approve Item 5.B.2. Motion carried unanimously. Council Member Gorton returned to the meeting. 6. 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. 88-004 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 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. 88-005 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. City of Denton City Council Minutes January 5, 1988 Page 15 409 McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aLye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the execution of a Change Order to a contract between the City of Denton and Tonto Construction for an increase in the contract price; and providing an effective date. The following ordinance was considered: NO. 88-006 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. Lloyd Harrell, City Manager, stated that this was a recommendation from the Public Utilities Board which included three change orders to the contract for improvements at the water treatment plant. 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. D. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Section 24-6(e)(12) of Chapter 24 of the Code of Ordinances by redefining the load limits on Locust Street Between Sherman Drive and F.M. 2164; providing for a maximum penalty of $500; and providing an effective date. The following ordinance was considered: NO. 88-007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 24-6(e)(12) OF CHAPTER 24 OF THE CODE OF ORDINANCES BY REDEFINING THE LOAD LIMITS ON LOCUST STREET BETWEEN SHERMAN DRIVE AND F.M. 2164; PROVIDING FOR A MAXIMUM PENALTY OF $500; AND PROVIDING AN EFFECTIVE DATE. 410 City of Denton City Council Minutes January 5, 1988 Page 16 Rick Svehla, Deputy city Manager, stated that this ordinance was considered by Traffic Safety prior to the State funding for Highway 77. The residents were in favor of removing the truck route from Locust. As a definite date had not been set nor the exact route determined by the State for the new funding for Highway 77, it was reasonable to remove the truck route from Locust at least on a temporary basis. Staff felt this was a good idea provided that everyone understood that the situation would be reviewed again when the Highway Department determines where Highway 77 would be designated. Gorton motion, Alexander second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. E. The Council considered adoption of an ordinagce approving an agreement between the City of Denton, Texas and HBW Associates, Inc. providing for library consulting services for the Emily Fowler Library, Denton, Texas; and providing for an effective date. The following ordinance was considered: NO. 88-008 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND HBW ASSOCIATES, INC. PROVIDING FOR LIBRARY CONSULTING SERVICES FOR THE EMILY FOWLER LIBRARY, DENTON, TEXAS: AND PROVIDING FOR AN EFFECTIVE DATE. Joella Orr, Library Director, introduced Dr. Jean Glasgow who would present the item. Dr. Jean Glasgow, Chairman of the Library Board, stated that the consultants would provide a recommendation regarding the expansion of the library and a detailed long-range plan for library services. McAdams motion, Hopkins second to adopt the ordinance. vote, McAdams "aye," Alexander "aye," Hopkins "aye," "aye," Ayer "aye," Boyd "aye," and Mayor Stephen~ Motion carried unanimously. On roll Gorton aye. ii F. The Council considered adoption of an ordinance amending the 1987-88 budget of the City of Denton, Texas by appropriating the sum of ninety-six thousand eight hundred one dollars ($96,801.00) from the balance of the General Fund to various account funds, and declaring an effective date. City of Denton City Council Minutes January 5, 1988 Page 17 The following ordinance was considered: NO. 88-009 AN ORD]~NANCE AMENDING THE 1987-88 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF NINETY-SIX THOUSAND EIGHT HUNDRED ONE DOLLARS ($96,801.00) FROM THE BALANCE OF THE GENERAL FUND TO VARIOUS ACCOUNT FUNDS, AND DECLARING AN EFFECTIVE DATE. Lloyd Harrell, City Manager, stated that this ordinance would implement the improvements to the Municipal Court office area and the Municipal Judge office. 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 "ayes" Motion carried unanimously. G. The Council considered an ordinance amending Section 1-5 of Chapter 1 (General Provisions) of the Code of Ordinances providing for maximum penalties for certain violations of the Code. The following ordinance was considered: NO. 88-010 AN ORDINANCE AMENDING SECTION 1-5 OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS ESTABLISHING THE MAXIMUM FINES FOR CERTAIN VIOLATION OF THE CODE OF ORDINANCES: 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 "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 7. Resolutions A. Item A. was considered earlier in the meeting. B. The Council considered approval of a resolution approving an agreement between the City of Denton and Sammons Communication, Inc. for emergency communications assistance; and providing for an effective date. 411 412 City of Denton City Council Minutes January 5, 1988 Page 18 The following resolution was considered: RESOLUTION NO. R88-002 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SAMMONS COMMUNICATIONS, INC. FOR EMERGENCY COMMUNICATIONS ASSISTANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Bill Angelo, Director of Community Services, stated that this ordinance would allow Sammons Communications to relocate their receiver to the McKenna Park tower. This would help eliminate interference now occurring on the lower frequencies and would also assist the City in emergency communications. Sammons had agreed to provide audio override on all cable channels plus written messages on Channel 25 to provide specific information during an emergency. McAdams motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council considered approval of a resolution of the City Council of Denton, Texas, authorizing the submission of a Texas Emergency Shelter Grants Program application to the Texas Department of Community Affairs and and authorizing the Mayor to act as the City's executive officer and authorized representative in all matters pertaining to the City's participation in the Emergency Shelter Grants Program. The following resolution was considered: RESOLUTION NO. R88-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS EMERGENCY SHELTER GRANTS PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE EMERGENCY SHELTER GRANTS PROGRAM. Barbara Ross, Community Development Coordinator, stated that this resolution would allow the City to apply for emergency shelter grant funds. The City applied for funds last year but did not receive any funds, This year the City was applying for the same amount through the Texas Department of Community Affairs. City of Denton City Council Minutes January 5, 1988 Page 19 McAdams motion, Alexander second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. Miscellaneous matters from the City Manager Lloyd Harrell, City Manager, presented the following items: A. Harrell asked that the Council consider an item from the work session that had not been considered due to lack of time. A proposed draft agreement between the City and the D.I.S.D. regarding joint elections was to have been considered during the work session. Harrell asked the Council if there were any problems that they could foresee with the draft agreement. If the Council did not have any concerns with the agreement, staff would continue working with the D.I.S.D. ~nd present a formal agreement in the near future. Consensus of the Council was to proceed with a formal agreement. B. Harrell stated that staff had received preliminary numbers from the State regarding the November sales tax receipts. He reported the figures indicated receipts would be in the area of $314,344 which was $47,400 more than was budgeted for the month and about $50,000 more than the City received for the same period a year ago. 9, There was no official action on Executive Session Items as the Council did not meet in Executive Session during the Work Session. 10. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Ayer asked for a report on the next work session regarding the status of the marking of streets and lane markings. 11. Executive Session The Council convened into the Executive Session to discuss legal matters (receive an update on the judgment of Maverick vs. the City of Denton and consider action to enforce judgment, discussion of Hawley vs. the City of Denton, and discussion of Pearce vs. the City and County of Denton), real estate, and personnel/board appointments (consider appointment of City Council Member to Denton Municipal Court Advisory Committee, consider recommendation of a City appointment to the Denton County Housing Finance Corporation). 413 414 City o~ Denton City Council Minutes January 5, 1988 Page 20 The following action was taken during the Executive Session: A. Hopkins motion, Boyd second to appoint Council Member Ayer to the Denton Municipal Court Advisory Committee. Motion carried unanimously. B. Alexander motion, Gorton second to nominate Mayor Pro Tem McAdams to the Denton County Housing Finance Corporation. Motion carried unanimously. 12. With no further business, the meeting was adjourned at 10:29 p.m. C i%TY SECRETARY CITY OF DENTON, TEXAS 2828C CITY OF DENTON, TEXAS