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.
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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.
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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.
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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.
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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.
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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
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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.
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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