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Minutes April 19, 1988CITY OF DENTON CITY COUNCIL MINUTES April 19, 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 received a mission statement and discussed the proposed makeup of a Blue Ribbon Citizens Committee for Solid Waste. Lloyd Harrell, City Manager, stated that this committee would forecast what to do in the future regarding solid waste. Bill Angelo, Director of Community Services, reviewed the role of the committee. He presented the primary responsibilities of the committee and a possible time frame needed to complete those responsibilities. Consensus of the Council was to proceed with the formation of the committee but to increase the number of residential customer representatives to four. 2. The Council received a report concerning budget priorities as determined by the City Council questionnaire. John McGrane, Executive Director of Finance, reviewed the Council budget questionnaire and its results. 3. The Council received a mid-year determination of various 1987-88 budget issues. analysis and Lloyd Harrell, City Manager, presented a mid-year review of the budget. Harrell reported that at the end of six months in the budget cycle, no hiring freeze and no cuts in the budget were expected. Revenues were balancing with expenditures. Staff had wanted to make adjustments to four items at mid-year but were not able to recommend those adjustments at this point. (1) An across the board salary adjustment for employees. Two approaches were"ahalyzed - an across the board pay adjustment effective April 1, 1988 except for executives or a one time payment to those employees at the top of the range and not eligible for step increases. Staff's conclusion was that the City was not in a financial condition to do either of these at that time. (2) Recreation Center hours. Hours were to be reduced at North Lakes Recreation Center and Denia Recreation Center from 9:00 p.m. to 8:00 p.m. Staff recommendation was to fund the North Lake~ hours by taking money from th~ Recreation Fund as citizens had paid to attend the exercise programs offered at North Lakes. Denia would close at 8:00 p.m. City of Denton City Council Minutes April 19, 1988 Page 2 (3) Extend the elderly property tax exemption. On advise of the City Attorney, this item did not have to be decided on at that time. A determination could be made during the budget process for the following fiscal year. Staff recommendation was to wait until next budget year to decide the issue. (4) Holiday pay for fire fighters. Due to the commendable job done by the fire fighters in voluntarily choosing time off in lieu of holiday pay, staff was recommending that the three holidays left in the fiscal year be a free choice by the fire fighters for payment or time off. No outside goal would be expected as to the number of fire fighters choosing time off. Consensus of the Council was to (1) not have across the board pay increases for employees at this time; (2) continue the North Lakes Recreation Center hours until 9:00 p.m. beginning immediately and monitor the hours at Denia on a month-to-month basis; (3) hold discussions concerning elderly property tax exemptions until budget preparation for the next fiscal year; and (4) allow the fi~e fighters the free choice of compensation or time off for the remaining three holidays. 4. The Council held a discussion of various policies (probationary period, wage continuation, disciplinary action and appeal). personnel demotions, Tom Klinck, Director of Personnel, reviewed the disciplinary action and appeal process policies. He then briefed the Council on the demotion policy, probationary policy and wage continuation policy. 5. The Council convened into the Executive Session to discuss legal matters (considered authorizing the City Attorney to file suit to collect delinquent hotel occupancy taxes from the Holiday Inn and Sheraton Hotel), real estate, personnel and board appointments (considered an appointment to the Building Code Board). No official action was taken. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT Ma~0r Stephens; Mayor Pro Tem McAdams; Council Members Alexander, Ayer, Boyd, Gorton and Hopkins. ABSENT: None 1. The Council received an annual presentation from the Denton Chamber of Commerce-Visitor and Convention Bureau. 53 City of Denton City Council Minutes April 19, 1988 Page 3 Bob Woodin, Chairman of the Advisory Board-Convention and Visitors Bureau, presented packets to the Council which included literature produced by the Bureau to promote various events and activities in the City of Denton. Woodin reviewed various events the Bureau participated in during the year and stated that the Bureau had plans to attract people and business to Denton. He stated that the Bureau had problems with the hotel-motel occupancy tax as it was overdue from several hotels in the area. 2. The Council received an update from the CIP '91 Committee. Mayor Pro Tem McAdams left the meeting. Jack Miller, Chairman of the '91 Committee, reviewed several items that the Committee felt were high priority items. (1) Controllers for the traffic signals on University and Carroll, (2) the transfer of funds to do the Highway 77 project, (3) the Woodrow Lane Bridge and (4) the Teasley Lane/I35 project delays. He stated that the Committee would continue their work until all of the fund were expended. Mayor Pro Tem McAdams returned to the meeting. e Public Hearings A. The Council considered a petition of Metroplex Engineering Corporation, representing Keele-Alvarez, Inc., requesting approval of a specific use permit on 4.33 acres in an Agricultural zoning district. The specific use permit, if approved, would permit the development of the Jane Marshall School and Evaluation Center including an administration building, classrooms, gymnasium, cafeteria, and playground. The property was located on the west side of Bonnie Brae Street, approximately 1,350 feet south of the intersection of Airport Road and Bonnie Brae Street, and was more fully described as being in the Eugene Puchalski Survey, Abstract 996. Z-88-002 The Mayor opene~ ~he public hearing. BUd Hauptmann, Metroplex Engineering, spoke in favor of the petition. He presented the physical conditions of the area and reviewed the water and sewer services in the area. He stated that the Planning and Zoning Commission had placed a condition on the petition for a fence and he requested the Council to remove that condition. City of Denton City Council Minutes April 19, 1988 Page 4 Dr. Victor Alvarez, co-founder of the Jane Marshall School, presented the background of the school and the philosophy of the school. He requested approval of the specific use permit. Bryan Vonfeldt, representing parents of students at the Jane Marshall School, stated the value of the school to students and community. He requested approval of the specific use permit. Vernon Colbert, representing the Santa Fe Railroad, spoke in opposition. He also spoke before the Planning and Zoning Commission presenting concerns the Railroad had with the proposal. (1) Protection of the children - children were attracted to train tracks and at times placed items on the tracks which caused a danger to the children and to the train. Hazardous materials were hauled on the tracks from Denton to Dallas. The Planning and Zoning Commission had passed a condition to build a fence which would protect the access to the tracks. He stated that there was a need for the school but not at that location. Council Member Hopkins left the meeting. (2) Flood plain question - there was a considerable amount of area that affected the right-of-way at the location. It would affect the right-of-way, the road bed and trains that operated on it. If addressed at a later date, it might be very costly to property owners. Council Member Hop'kins returned to the meeting. Mr. Hauptmann was allowed rebuttal. Hauptmann stated that the railroad track barely touched the edge of the flood plain. There was an existing drainage ditch along the railroad right-of-way. Council Member Alexander asked for an estimated distance between the school building that was proposed and the railroad track. Hauptmann stated right-of-way for completely built. approximately 600' from the railroad the first phase. Ultimately 200' when Council Member Hopkins stated that she had received complaints regarding traffic flow in and out of the school. She wanted to know if that issue was being addressed in the proposal. 56 City of Denton City Council Minutes April 19, 1988 Page 5 Council Member Gorton asked if the conditions set by the Planning and Zoning Commission addressed the concerns stated by the Railroad in preventing the children from reaching the track. Hauptmann stated no. The way the screening device was shown would be open-ended. Students only had to walk around the fence to get to the track. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that the property was located in a low intensity area which presently was over the standard. The area had problems in conjunction with utilities and public improvements. There was a significant fire flow problem in the area and the School would be required to extend a water line to Airport Road in order to provide adequate fire protection for the proposed building in Phase I. The Development Review Committee and the City Engineer felt that 'the addition of six classrooms and administration building would not significantly impact the road and that the improvements to the street could be postponed for evaluation until Phase II when the actual classroom building would be constructed. Staff was also recommending postponing drainage improvements until Phase II due to the location of the site which would not present any significant drainage problems. One curb cut was being proposed on Bonnie Brae with a fire lane which would circle the administration building which would provide for access for people to drop off students behind the building. Later the fire lane would circle the entire property which would provide for a circular motion around the property. The Planning and Zoning Commission did recommend a fence be built along the western edge of the property. Staff evaluated the proposal after the Planning and Zoning Commission meeting and found some significant problems with the location of a fence at the site. Among those was the fact that the drainage study would not be considered until Phase II. Therefore, staff was not sure of the exact location of where a channel may be necessary or where the course of the drainage would need to be altered. This could also pose a problem with federal regulations. The proposed fence might not provide an adequate buffer since th~r'e would be no screening device along Liberty School or long the property to the north. Children could just go to the edge of the fence and around the end and still have access. Staff felt that the location of the classroom buildings and the future drainage area would be enough of a deterrent to keep the children from the tracks. Council Member Alexander asked what screening of the playground area included, a fence which would prevent someone from leaving the playground area. City of Denton City Council Minutes April 19, 1988 Page 6 Carons replied that a fence would be built around the playground area in Phase II and Phase III. Mayor Pro Tem McAdams stated that a drainage ditch was not a deterant for children, it was an attraction. She felt that the Planning and Zoning site for the fence might not be appropriate but that the idea was correct. She suggested incorporating a fence without specifying the location. She asked the Attorney if there was a way, without specifying exactly where the screening device should go, to incorporate that into the ordinance. Debra Drayovitch, City Attorney, replied to tie it to the release of subsequent permits. The following ordinance was considered: NO. 88-071 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL, AS SAID PERMIT APPLIES TO 4.33 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE STREET, APPROXIMATELY 1,350 FEET SOUTH OF THE INTERSECTION OF BONNIE BRAE STREET AND AIRPORT ROAD; 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 amend paragraph 6 of section 2 of the conditions to state "in connection with Phase 'I development, a screening device sufficient to prohibit the movement of children onto the railroad right-of-way be installed and thereafter maintained". Gorton motion, Hopkins second to amend the motion by striking paragraph 6 of section 2 in its entirety. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "nay," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 4-3 vote. Council voted Oh'the main motion as amended. On roll vote, McAdams "nay," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "nay," Boyd "nay," and Mayor Stephens "aye." Motion carried with a 4-3 vote. B. The Council considered an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas, to provide for a zoning classification for remote off-street parking; providing for a penalty in the amount of $2,000.00 for violations thereof; and providing for an effective date. 57 58 City of Denton City Council Minutes April 19, 1988 Page 7 The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, Urban Planner, stated that this was a recommendation from the Beautification Task Force. The ordinance would prohibit the parking of vehicles on a residentially zoned property unless a specific use permit was obtained. The intent was to insure beautification of the site as well as safety on the site since some of the locations used existing driveways for residential properties to access commercial parking lots. Existing lots would be grandfathered in. The following ordinance was considered: NO. 88-072 AN ORDINANCE AMENDING APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR A ZONING CLASSIFICA- TION FOR REMOTE OFF-STREET PARKING; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; 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. 4. The Council received a citizen's report from Mr. Stacy Lee regarding a utility billing problem. Mr. Stacy Lee presented the background information regarding his billing problem. His Dec./Jan. bill was $106.13 for 35 days and he and his roommate were gone from 12/16/87 to 1/14/88. Ail U~i'lities were turned off. The highest bill up to that point had been $41.68 for 33 days. During the billing period in question, they were onl~ there for 6 days. He could see no way that the bill could be $106. Council Member Alexander asked if all utilities had been turned off including the heating system turned off completely. Lee stated yes and no one else had used the apartment. City of Denton City Council Minutes April 19, 1988 Page 8 Mayor Stephens completely off. freezing. asked if the heating system was turned And if so, how did they keep the pipes from Lee replied he did not know how the pipes did not freeze. He stated that he had checked with the apartment manager and he did not come in and turn on any heat while they were gone. Lloyd Harrell, City Manager, reviewed documentation concerning the situation. While staff was sympathetic with Mr. Lee and his concern over his bill, the only way an adjustment could be made to an electric charge would be if an error were found that would indicate that the occupant did not use the electricity. A City Charter provision prohibited the City from giving away free utility service. The electric meter was reread several times to verify that the reader did not make an error. The reading was correct. The meter itself was also checked to make sure it was working properly. The meter was read correctly and the meter was working correctly therefore staff could only assume that the electricity was used. Consent Agenda Council Member Hopkins asked that items 5.A.1. and 5.A.2. be removed for separate consideration. Council Member Ayer asked that item 5.A.4. be removed for separate consideration. McAdams motion, Hopkins second to approve the Consent Agenda with the exception of items 5.A.l., 5.A.2., and 5.A.4. Motion carried unanimously. Consent Agenda A. Bids and Purchase Orders: 3. Bid #9790 - Wastewater Misc. Improvements 5. EPO ~83546 - Bowles & Eden Co. 6. EPO 983744 - Consolidated Traffic Control 7~~ ' EPO 984045 - Wesco B. Plats and Replats Consider approval of preliminary plat of the Beamer Addition, Lot 1, Block A. Consider approval of preliminary plat of the Jane Marshall School Addition, LOt 1, Block 1. City of Denton City Council Minutes A]ril 19, 1988 Page 9 e Consider approval of preliminary and final replat of Lots 14, 15, 16, 17, 18, 19 and 20 to Lot 14R, Block 3, of the Northside Addition. Consider approval of preliminary plat of the Ward Addition, Lot 1, Block A. C. Tax Refund 1. Consider approval Prairie Apts. J/V. Item 5.A.1. was considered. of a tax refund for La 1. Bid #9838 - Woodrow Lane Utilities Relocation Council Member Hopkins asked if this was the firm that did the Singing Oaks project. She had received numerous complaints during that project and did not want the same situation to occur on this new project. Bob Nelson, Executive Director of Utilities, shared some of the same concerns with the firm. In the past the firm had been one of the better contractors working for the City and was the low bidder for the project. Debra Drayovitch, City Attorney, stated that if documentation could be made of the problems, if might be possible for the Council to reject the lowest bid. At present, the contractor had a claim against the City in excess of the contract fees already paid of approximately $20,000. Merely because the claim was in process, was not grounds to not award the contract to the lowest bidder. Council could table the item if it wished to pursue the problems Council Member Hopkins mentioned. Lloyd Harrell, City Manager, thought that it would be appropriate to communicate to the contractor the concerns Council had over the las~ project performed by the contractor and that the new project, if awarded to the contractor, would be watched very'klosely. Boyd motion to table the item until the next regular meeting of the Council in order to further examine the.issue. Mayor Stephens asked if that would delay the overall project. City of Denton City Council Minutes April 19, 1988 Page 10 Rick Svehla, Deputy City Manager, stated that the utilities needed to be out of the way in order to begin work on the Woodrow Lane Bridge which was going out for bid at the end of the month. This was a major transmission line which needed to be done early on in the season. If it got to be June or later, it could not be moved until October/November because of the use. Mayor Pro Tem McAdams asked if the management had changed recently. Nelson replied the construction manager for the firm had changed about the time of the Singing Oaks project. Hopkins seconded the motion to table. On roll vote, McAdams "nay," Alexander "nay," Hopkins "aye," Gorton "nay," Ayer "nayt" Boyd "ayet" and Mayor Stephens "nay." Motion failed with a 5-2 vote. City Attorney Drayovitch stated that the firm had consistently had low bids and had good work until the last project. She was concerned that denial of the low bid might become confused with the lawsuit. McAdams motion, Alexander second to approve Consent Agenda item 5.A.1. On roll vote, McAdams "aye," Alexander "aye," Hopkins "nays" Gorton "ayes" Ayer "ayes" Boyd "aye," and Mayor Stephens "aye." Motion carried with a 6-1 vote. Item 5.A.2. was considered. 2. Bid #9842 - Taylor Park Storm Drainage Council Member Hopkins stated she had a problem with Calver. t Paving trucks as some of the trucks were producing great quantities of thick black smoke. Since the State of Texas and the County of Denton were suppose to be policing pollution problems and there were violations regarding pollution, the firm needed to be made aware of the problem. She did not appreciate the firm being awarded City contracts and not keeping proper maintenance on the trucks. Stephens motion~ Hopkins second to approve Consent Agenda item 5.A.2. On roll vote, McAdams "aye," Alexander "aye," Hopkins "ayev" Gorton "aye," Ayer "ayev" Boyd "ayes" and Mayor Stephens ."aye." Motion carried unanimously. Item 5.A.4. was considered. 61 4. EPO #83140 - General Electric Co. City of Denton City Council Minutes April 19, 1988 Page 11 Council Member Ayer asked if it was correct that the City paid $19,488 for 29 days of consulting service and if so, was the service really worth that kind of money. Bob Nelson, Executive Director of Utilities, stated that annually a standard maintenance contract was worked out with the General Electric Company. The City called upon their technical service whenever an electrical turbin or generator was overhauled. The particular contract was larger due to the fact the 94 turbin had failed and had to be rebuilt and then 95 turbin was found to also be defective and had to be repaired. Ayer felt that the whole matter of consulting fees was out of hand. Ayer motion, McAdams second to approve Consent Agenda item 5.A.4. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive Dids and providing for the award of contracts for public works or improvements. The following ordinance was considered: NO. 88-073 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 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. Th%'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: City of Denton City Council Minutes April 19, 1988 Page 12 NO. 88-074 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. C. The Council was to consider adoption of an ordinance approving and authorizing the City Manager to execute a settlement agreement with Joe and Mary LaJean Sherrill relating to Sherrill vs. the City of Denton. This item was held for later consideration. D. The Council considered adoption of an ordinance prohibiting the parking of vehicles on both sides of Carroll Blvd. two-hundred fifty feet (250') north of Fain Street to Sherman Drive during the annual Spring Fling to be held May 6, 7 and 8; and allowing banners to be hung above public streets. The following ordinance was considered: NO. 88-076 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET (250') NORTH OF FAIN STREET TO SHERMAN DRIVE DURING THE ANNUAL SPRING FLING TO BE HELD MAY 6, 7 AND 8, 1988; ALLOWING BANNERS TO BE HUNG ABOVE PUBLIC STREETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. 7. ResOlut'iOns A. The Council considered adoption of a resolution approving a Cable Duct Use Agreement between the City of Denton and Sammons Communications, Inc. for the joint use of an underground cable duct to be installed in the area commonly known as "The Square". City of Denton City Council Minutes April 19, 1988 Page 13 The following resolution was considered: RESOLUTION NO. R88-027 AN RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND SAMMONS COMMUNICATIONS, INC. GRANTING A LICENSE FOR THE USE OF CERTAIN ELECTRICAL DUCT SYSTEM; AND PROVIDING AN EFFECTIVE DATE. 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. B. The Council considered approval of a resolution adopting Policy No. 104.02 "Probationary Period", Policy No. 107.07 "Wage Continuation", and Policy No. 109.02 "Demotions". The following resolution was considered: RESOLUTION NO. R88-028 A RESOLUTION ADOPTING POLICY NO. 104.02 "PROBATIONARY PERIOD", POLICY NO. 107.07 "WAGE CONTINUATION", AND POLICY NO. 109.02 "DEMOTIONS"; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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 adopting Policy No. 109.01 "Disciplinary Action and Policy No. 109.03 "Appeal". The following resolution was considered: RESOLUTION NO. R88-029 A RESOLUTION ADOPTING POLICY NO. 109.01 "DISCIPLINARY ACTION" AND POLICY NO. 109.03 "APPEAL"; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motion, Hopkins second to approve the resolution. On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion carried unanimously. City of Denton City Council Minutes April 19, 1988 Page 14 Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. Rick Svehla, Deputy City Manager, presented an update on the Highway 2499 project. 9. There was no official action taken on Executive Session items of legal matters, real estate, personnel or board appointments. 10. New Business There were no items of new business suggested by Council Members for future agendas. 11. The Council reconvened into the Executive Session to discuss legal matters, real estate (discussion of law enforcement/court complex), personnel and board appointments. The following official action was taken in open session: 6. Ordinances C. The Council considered adoption of an ordinance approving and authorizing the City Manager to execute a settlement agreement with Joe and Mary LaJean Sherrill relating to Sherrill vso the Cit~ of Denton. The following ordinance was considered: NO. 88-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING LITIGATION BETWEEN THE CITY OF DENTON AND JOE W. SHERRILL, ET UX; AND PROVIDING FOR AN EFFECTIVE DATE. Boyd motion, Alexander second to amend the ordinance to substitute the figure of $35,000 for $40,000. On roll vote, McAdams "aye," Alexander'"aye," Hopkins "aye," Gorton "aye," Ayer "ayes" Boyd "ayet" and Mayor Stephens "aye." Motion carried unanimoUSly. With no further business, the meeting was adjourned at 10.03 p.m. CITY O~ DENTONe, TEXAS CI'TY SECRETARY, CITY OF DENTON, TEXAS 2902C