Minutes May 17, 1988CITY OF DENTON CITY COUNCIL MINUTES
MAY 17, 1988
The Council convened into the Work Session at 5:30 p.m. in the
Civ.il Defense Room.
PRESENT: Mayor Pro Tem HoPkins; Council Members Ayer,
Boyd, Gorton and McAdams.
ABSENT:
Mayor Stephens; Council Member Alexander
1. The Council received
Department regarding the use of
tax collections.
an update from the Finance
outside agencies for current
John McGrane, Executive Director for Finance, presented the
possibility of contracting an outside agency for the collection
of current taxes. This could be done in conjunction with the
School District and the Appraisal District. The DISD had put
out proposals for the collection of taxes which included a
proposal to the Appraisal District. Staff felt that it would
be cost beneficial to do this with an outside agency at this
time. The date processing system for the collection of the
taxes was outdated.
Council Member Gorton stated that an outside agency would be a
representative of the City and questioned the methods that were
sometimes used by collection agencies.
Mc6rane replied that the agency would be dealing strictly with
current taxes and not delinquent taxes.
Council Member Ayer asked why staff felt an outside agency
would be better than in-house.
McGrane stated that staff would have to be expanded if it were
done in-house and that the data processing system for the tax
collection was outdated and would have to be upgraded to
continue with the process.
Ayer stated that he was reluctant to relinquish one of the
prime tasks of government to collect taxes. He felt that
government needed to be closest to that activity rather than to
contract that activity out.
2. The Council received an update from the Main Street
Committee.
Alan Cole, Chairman Main Street Committee, stated that Main
Street was not just for downtown business owners but for all
residents; He presented the proposed boundaries of the
project. He stated that the Committee was concerned that
various groups may overlap activities/projects for the downtown
area and that a Main Street coordinator could prevent such an
overlap.
79
8
City of Denton City Council Minutes
May 17, 1988
Page 2
Cole presented the recommendations from the Committee which
included approval of the proposed boundaries, hire a Main
Street Coordinator, budget funds for the Main Street project
and use excess funds from the Community Development Block Grant
program for Main Street.
Mayor Pro Tem Hopkins thanked Mr. Cole for his presentation and
stated that Council would take the recommendations under
consideration.
3. The Council held a discussion of possible annexation
of 20.287 acres located west of FM 2181 and adjacent to Old
Alton Cemetery.
Cecile Carson, Orban Planner, stated that the property was the
site of a proposed mobile home park. After evaluation by the
staff, it was determined that annexation was appropriate.
Consensus of the Council was to proceed with annexation.
4. The Council held a discussion on a request of the
Denton Independent School District for annexation of 60.097
acres of land located on McKinney Street approximately 1,800
feet east of Mayhill Road.
Cecile Carson, Urban Planner, stated that Council had requested
additional information regarding the cost of development in the
area. Option #1, annex the school site only, was the least
costly. Most of the cost for services would be picked up the
the DISD during the development process. Option #2, annexation
of approximately 90 acres around the school site, would still
be a minimal cost as most of the water and sewer costs would be
picked up by the DISD during the development process. Option
#3, annexation of approximately 1200 acres, would be the most
costly requiring the upgrading of some roads and the
installation of new utility lines. Staff was recommending
option #2.
After discussion, the consensus of the Council was to begin the
annexation process with Option #2 with the option to drop back
to Option #1 if necessary.
5. The Council held a discussion of
Statement and Reallocation of unused 1987
Community Development Block Grant Program.
the 1988 Final
funds of the
Lloyd Harrell, City Manager, stated that there were two issues
the staff needed direction from the Council. The first was
consideration of the' final Community Development Block Grant
application for the next year and the second was consideration
of an amendment to the 1987 program.
City of Denton City Council Minutes
May 17, 1988
Page 3
The consideration of the final CDGB application included a
review of proposed activities and objectives for the program.
Two new programs were being proposed - English as a second
language and an education assistance program. CDBG had to
present the programs to the Human Resources Committee for
approval before being able to use CDBG money for the projects.
The amendment to the 1987 program involved determining
alternative uses for remaining CDBG money. Alternatives
included using the remaining money for housing rehabilitation
projects or dividing the money between housing rehabilitation
and the Main Street project.
Mayor Stephens joined the meeting.
After discussion, consensus of the Council was to reconsider
the item after a pending meeting of the Community Development
Block Grant Committee in case the Committee's recommendation
would change.
6. The Council did not meet in the Executive Session
during the Work Session.
The Council convened into the regular session at 7:00 p.m. in
the Council Chambers.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Ayer, Boyd, Gorton and McAdams.
ABSENT:
Council Member Alexander
The Mayor presented the following proclamations:
Karen Connor Day
Mental Health Month
Item 2. was moved ahead in the agenda order.
Public Hearings
A. The Council heard a petition of the City of
Denton requesting establishment of the Agricultural (A) zoning
district .on 24.3957 acres located at the northwest corner of
Rector Road and 1-35 North service road and more fully
described as the J. Ayers Survey, Abstract No. 2, and the B.
Burleson Survey, Abstract No. 65. If approved, the property
may be utilized for any use permitted under the Zoning
Ordinance. Z.88-005
81
City of Denton City Council Minutes
May 17, 1988
Page 4
The Mayor opened the public hearing.
No one spoke in favor.
Jackson Fulgham, an area property owner, spoke in opposition.
The property was predominately residential in nature. He
stated that agricultural zoning was being requested on property
which was clearly being used as an industrial piece of
property. He did not understand why that type of zoning was
being requested when an industrial use was already on the
property which was not compatible with surrounding property.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that this was a petition
of the City of Denton for permanent zoning on the property
which was annexed into the City with a temporary Agricultural
zoning classification. The area was a Iow intensity area,
predominately residential in nature. The Agricultural zoning
was the most restrictive land use. Extension of City utilities
to the area was not anticipated in the near future.
The following ordinance was considered:
NO. 88-083
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 24.39S7 ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF RECTOR ROAD
AND THE SERVICE ROAD OF INTERSTATE 35, AS IS MORE
PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR AN
AGRICULTURAL "A" 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.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered an ordinance of the' City
Council of the City of Denton, Texas amending Article 10
("Specific Use Permits") of Appendix B-Zoning by repealing the
time limit for which construction must begin; and providing for
an effective date.
City of Denton City Council Minutes
May 17, 1988
Page 5
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Elizabeth Evans, Planning Administrator, stated that the
ordinance would delete the automatic expiration provision for
Specific Ose Permits. Each permit would be given a time limit
on a case by case basis. The Council would still have the
option to place time limits on a permit.
After considerable discussion centering around expiration dates
for current permits and standard time limits for all new
permits, Boyd motion, Gorton second to table the item until the
next regularly scheduled meeting. On roll vote, McAdams "aye,"
Hopkins "aye," 6orton "aye," Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
The Council returned to Item #1.
1. The Council received a presentation by the Delta Lodge
to the City of Denton Police Department.
David Byles, Chapter Advisor to the Delta Lodge, expressed the
Lodge's appreciation to the Council and the community for their
support of the Fry Street Fair. A portion of the proceeds from
the Pair were always donated to charity and other community
causes. This year the Lodge wanted to present the City of
Denton Police Department with a check for $1,000 to be placed
in the Denton Police Department Flack Jacket Fund.
Consent Agenda
Mayor Stephens stated that Item #3.A.6. had been pulled by
staff.
Gorton motion, McAdams second to approve the Consent Agenda
with the exception of Item #3.A.6. Motion carried unanimously.
Consent Agenda
A. Bids and Purchase Orders:
1. P.O. #9857 - Office Supplies
83
2. P.O. #9862 - Cement, Concrete and Aggregate
City of Denton City Council Minutes
May 17, 1988
Page 6
3. P.O. #9864 - Traffic Control Parts
4. P.O. #9849 - Pembrooke St. 8" Waterline
5. P.O. #98S3 - Peach St. Tank Painting ~ Repair
Pulled by 6.
Staff
P.O. #9841 - Purchase of Raw Water 8
MGD Pump Unit #3A
P.O. #9810 Oversize Water Lines - Westgate
Hills North Subdivision
B. Tax Refunds
Consider approval of a tax refund for Wadley
Central Blood Bank of Denton - $1,767.73
C. Plats and Replats
Consider approval of preliminary plat of the
LaVilla Addition, Lot 1, Block 1, being a
replat of Lots 1-6, Block 1 of the Owsley
Park Addition, and Lots S-8 of the Stella
Lee Owsley Addition.
4. 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. 88-0 84
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR S~RVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye," 6orton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
City of Denton City Council Minutes
May 17, 1988
Page 7
B. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 88-085
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.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
C. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for public works or improvements.
The following ordinance was considered:
NO. 88-0 86
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, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. 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 and providing
for an increase in the contract price.
The following ordinance was considered:
NO. 88-087
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
TONTO CONSTRUCTION, INC. FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
85
City of Denton City Council Minutes
May 17, 1988
Page 8
Bob Nelson, Executive Director for Utilities, stated that this
was a change order to the upgrading of the water treatment
plant.
McAdams motion, Hopkins second to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
E. The Council considered adoption of an ordinance
of the City of Denton, Texas, approving a settlement and
compromise agreement for pending litigation between the City of
Denton and Joe ~. Sherrill, ET UX.
The following ordinance was considered:
NO. 88-0 88
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING
LITIGATION BETWEEN THE CITY OF DENTON AND 'OE W.
SHERRILL, ET UX; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, Gorton second to adopt the ordinance. On roll
call vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
amending Ordinance No. 87-081 to provide for an expiration date
for the specific use permit granted therein for a horse
training park for 173.3 acres of land located at 3505 Teasley
Lane. (S-192)
The following ordinance was considered:
NO. 88-089
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
ORDINANCE NO. 87-081 TO PROVIDE FOR AN EXPIRATION DATE
FOR THE SPECIFIC USE PERMIT GRANTED THEREIN FOR A
HORSE TRAINING PARK FOR 173.3 ACRES OF LAND LOCATED AT
3505 TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE.
Elizabeth Evans, Program Administrator, stated that this would
allow for a five year extension on the specific use permit
granted at 3505 Teasley Lane.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
City of Denton City Council Minutes
May 17, 1988
Page 9
G. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with Black
and Veatch, engineers-architects, for professional engineering
services relating to the Lake Ray Roberts Hydropower Project.
The following ordinance was considered:
NO. 88-090
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH BLACK AND VEATCH,
ENGINEERS-ARCHITECTS, FOR PROFESSIONAL ENGINEERING
SERVICES RELATING TO THE LAKE RAY ROBERTS HYDROPOWER
PROJECT; AND PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that the
purpose of the agreement was to review the feasibility of the
project and to prepare the turbine generator specifications.
McAdams motion, Ayer second to adopt the ordinance. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
$. Resolutions
A. The Council considered approval of a resolution
by the City of Denton, Texas, authorizing the City Manager to
sign and submit an amendment to the Final Statement of
Objectives and Projected Use of Funds submitted June 16, 1987
to the Department of Housing and Urban Development with
appropriate verifications, as authorized and required by the
Housing and Community Development Act of 1974, as amended.
The following resolution was considered:
RESOLUTION NO. R88-031
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO
THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF
FUNDS SUBMITTED JUNE 16, 1987 TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE
VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED; AND DECLARING AN EFFECTIVE DATE.
Lloyd Harre11, City Manager, stated that this resolution only
dealt with the Martin Luther King, Jr. Center change to make
sure all expenditures were eligible under federal regulations.
City of Denton City Council Minutes
May 17, 1988
Page 10
Boyd motion, McAdams second to approve the resolution. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered approval of a resolution
authorizing the City to submit to the Department of Housing ~
Urban Development a Final Statement of Objectives and Projected
Use of Funds.
Mayor Stephens stated that this item had been discussed during
the work session and that consensus of the Council was to
receive more information about the resolution before voting on
its approval.
Boyd motion, Gorton second to table the item until the next
regular Council meeting. On roll vote, McAdams "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 of Denton, Texas, approving a contract with the
Texas Department of Commerce to receive funding for and
administer the Texas Rental Rehabilitation Program.
The following resolution was considered:
RESOLUTION NO. R88-032
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A
CONTRACT WITH THE TEXAS DEPARTMENT OF COMMERCE TO
RECEIVE FUNDING FOR AND ADMINISTER THE TEXAS RENTAL
REHABILITATION PROGRAM; AND PROVIDING FOR AN EFFECTIVE
DATE.
Barbara Ross, Community Development Coordinator, stated that
the resolution would accept a contract with the Texas
Department of Commerce for $500,000 in rental rehabilitation
funding.
Boyd motion, McAdams second to approve the resolution. On roll
vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. The Council considered approval of a resolution
accepting the report of the Blue Ribbon Task Force for the
beautification of the City insofar as the same relates to the
major roadways comprising entrances to the City and
beautification of those entranceways; designating said
entranceways and providing an effective date.
City of Denton City Council Minutes
May 17, 1988
Page 11
89
The following resolution was considered:
RESOLUTION NO. R88-033
A RESOLUTION ACCEPTING THE REPORT OF THE BLUE RIBBON
TASK FORCE FOR THE BEAUTIFICATION OF THE CITY INSOFAR
AS THE SAME RELATES TO THE MAJOR ROADWAYS COMPRISING
ENTRANCES TO THE CITY AND BEAUTIFI- CATION OF THOSE
ENTRANCEWAYS; DESIGNATING SAID ENTRANCEWAYS AND
PROVIDING AN EFFECTIVE DATE.
Boyd motion, Gorton second to approve the resolution. On roll
vote, McAdams "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. April Budget Recap - information was listed in
the back-up materials for the Council.
B. Reminded Council of the NCTCOG Luncheon on 3une
10 if anyone were interested in attending.
7. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
New Business
There were no items of New Business suggested by Council
Members for future agendas.
9. The Council reconvened
discuss the following items:
into the Executive Session to
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Held a discussion of possible litigation
concerning Maverick Aircraft·
B. Real Estate -- Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments -- Under Sec. 2(g),
~ Art 6252-17 V.A.T.S.
City of Denton City Council Minutes
May 17, 1988
Page 12
Considered appointments to the Low/Moderate
Income Housing Task Force.
Considered appointments to the Solid Waste
Blue Ribbon Committee.
No official action was taken.
With no further business, the meeting was adjourned at 9:50 p.m.
RAY STEPHENS, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
2922C