Minutes June 07, 1988CITY OF DENTON CITY COUNCIL MINUTES
June 7, 1988
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
ABSENT:
1.
Mayor Stephens; Council Members Alexander, Ayer,
Boyd, Gorton and McAdams.
Mayor Pro Tem Hopkins.
The Council held a discussion of an ordinance amending
Articles 4.01 through and including Article 4.06 of Chapter IV
of Article III of Appendix A (Denton Development Code) of the
Code of Ordinances to provide for new and amended regulations
and requirements for streets, driveways, parking lots, and
sidewalks; and repealing Articles 4.17 and 4.18 of Appendix A.
(The Planning and Zoning Commission recommended approval.)
City Manager Harrell stated that there were two items left ~o
consider concerning this proposed ordinance. Those items were
curb cuts and pavers in parking lots.
Cecile Carson, Urban Planner, presented options for wording for
the two items which staff and Council discussed. The formal
ordinance would be presented at the next regular Council
meeting for formal adoption.
2. The Council held a discussion regarding a proposed
landscaping/tree preservation ordinance.
City Manager Harrell stated that the Chamber of Commerce had
returned with proposed language which would allow for slightly
different language for distribution centers. Planning and
Zoning would consider the item at its meeting of June 8, 1988
and a public hearing was scheduled for the June 21, 1988
Council meeting.
Frank Robbins, Executive Director of Planning, proposed that
the tree preservation portion of the ordinance be effective
immediately and the landscape portion of the ordinance be
effective 90 days after passage.
3. The Council did not meet in Executive Session after
the Work Session.
The Council then convened into a joint Work Session at 6:00
p.m. with the Planning and Zoning Commission and the Public
Utilities Board in the Council Chambers.
CITY COUNCIL PRESENT:
Mayor Stephens; Council Members
Alexander, Ayer, Boyd, Gorton and
McAdams.
City of Denton City Council Minutes
June 7, 1988
Page 2
CITY COUNCIL ABSENT: Mayor Pro Tem Hopkins.
PLANNING & ZONING
PRESENT:
Chairman Claiborne; Commissioners
Brock, Glasscock, Holt, and Kamman.
PLANNING & ZONING
ABSENT:
Commissioners Cole and Kiker.
PUBLIC UTILITIES
BOARD PRESENT:
Chairman Laney; Members
LaForte, and Thompson.
Chew,
Frady.
PUBLIC UTILITIES
BOARD ABSENT:
None
1. The Council held a discussion regarding
recommended Five Year Capital Improvement Plan.
the
Bill Claiborne, Chairman - Planning and Zoning Commission,
stated that he would be presenting the non-utility items of the
proposed Capital Improvement Plan. He stated that they had
received input from various groups in the City. Claiborne
presented the proposed projects for the non-utility section.
(See Exhibits A-E).
Jerry Clark, City Engineer, stated that the item in the back-up
materials for drainage was to be for Avenue F, not Avenue E.
Roland Laney, Chairman - Public Utilities Board, presented the
utility portion of the proposed Capital Improvement Program.
He presented the major projects in the Program. ( See Exhibits
F - G)
City Manager Harrell stated that the Program would be placed on
the next Council meeting for approval.
The Council then convened into the regular meeting at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens; Council Members Alexander, Ayer,
Boyd, Gorton and McAdams.
ABSENT: Mayor Pro Tem Hopkins.
The Mayor presented the following proclamations:
A. Parky Pup - City of Denton Parks and Recreation
Department
B. Big Brothers and Sisters Day
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City of Denton City Council Minutes
June 7, 1988
Page 3
1. The Council considered approval of the minutes of the
regular meeting of.May 3, 1988, the special called meeting of
May 10, 1988, the regular meeting of May 17, 1988, and the work
session of May 24, 1988.
Gorton motion, McAdams second to approve the minutes as
presented. Motion carried unanimously.
Public Hearings
A. The Council considered a petition of Burger
Street, Inc. requesting approval of a detailed plan and planned
development (PD) district for 0.294 acres. Tract A consisted
of 0.071 acres and was zoned commercial (C); Tract B consisted
of 0.223 acres and was zoned planned development (PD-6). The
property was located approximately 130 feet northwest of the
intersection of Loop 288 and 1-35E service road and was shown
in the John W. McGowan Survey, Abstract No. 797. If the
detailed plan and planned development district were approved,
the property could be used for a restaurant. Z-1855. (The
Planning and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor of the petition.
Dan Patterson, Operations Director - Colter's Bar-B-Q, spoke in
opposition. He stated that the access road was very narrow off
of I35E and it was very difficult to make a right-hand turn
into that area. The businesses in that area included Wendy's,
Grandy's, Colter's, Payless Shoes, and Long John Silvers. The
area had an access off of the main entrance and a small access
area heading toward the mall. He stated that the restaurant
would have a very limited, narrow entrance off a major highway
with at least 75% of its business being drive-through
customers. This would create a very serious traffic problem.
Ron Reinke, Owner/Manager - Wendy's, stated that he was
concerned relative to the access to the property during peak
hours and what it would mean to the already existing traffic
congestion. He stated that there already existed extreme
congestion during peak periods. A business that would be at
least 75% drive-through would only add more to that congestion.
Council Member Boyd asked Reinke if it was his understanding
that retail establishments would be placed on those pads when
his business was established.
City of Denton City Council Minutes
June 7, 1988
Page 4
Reinke replied that he had been told that there was a five year
delay on both pads and that they would pave the areas if they
could not get them developed.
Boyd asked if it would make a difference if the business was
something other than a restaurant.
Reinke stated that he was not trying to limit competition and
the restaurant was not the issue. The sole dependence on
vehicles was his concern and aggravation of the already
critical traffic problem. Even a sit-down restaurant would not
cause as great a problem.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that the property was a
portion of PD-6 as well as commercial zoning. A ma~or concern
was the access to the property and the circulation in and out
of the property. The Engineering Department had reviewed the
proposal and felt that the traffic flow shown was the best
design possible under the conditions. The Planning and Zoning
Commission did recommend approval of the request with a 5-2
vote. One Commissioner was concerned about the congestion of
uses in the area.
Council discussed the traffic patterns in the area. Concern
was expressed for congestion of traffic and the adding of more
traffic congestion to the area.
Carson stated that the internal circulation of traffic was a
responsibility of the Mall.
Council Member Gorton stated that in the minutes from the
Planning and Zoning Commission that the seating capacity of the
restaurant was 36-45 individuals with outside seating
available. With the proposed layout of the parking lot along
with the drive in and out, there was no safe way to get in the
building. Individuals would have to cross the traffic pattern
to get into the building.
The following ordinance was considered:
AN ORDINANCE APPROVING A DETAILED PLAN AND PLANNED
DEVELOPMENT (PD) DISTRICT FOR 0.294 ACRES LOCATED
APPROXIMATELY 130 FEET NORTHWEST OF THE INTERSECTION
OF LOOP 288 AND 1-35E SERVICE ROAD.
McAdams motion, Alexander second for denial. On roll vote,
McAdams "aye," Alexande~ "aye," Gorton "aye," Aye~ "aye," Boyd
"aye," and Mayor Stephens "aye." Motion for denial carried
unanimously.
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City of Denton City Council Minutes
June 7, 1988
Page 5
Item #5.F. was moved ahead in the agenda order.
5. Resolutions
F. The Council considered approval of a resolution
temporarily closing the I35E service road from Avenue E to
Bonnie Brae excluding the exit ramp prior to Bonnie Brae on
July 4, 1988 for the Kiwanis fireworks display.
The following resolution was considered:
RESOLUTION NO. R88-039
A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E
FRONTAGE ROAD, FROM ITS INTERSECTION WITH AVENUE E TO
ITS INTERSECTION WITH BONNIE BRAE ON JULY 4, 1988; AND
PROVIDING AN EFFECTIVE DATE.
Boyd motion, Ayer second to approve the resolution., On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
The Council returned to the regular agenda order.
Public Hearings
B. The Council considered a petition of City of
Denton requesting establishment of the Agricultural (A) zoning
district on 51.3085 acres along the Elm Fork of the Trinity
River. The property was located in the J. Clayton Survey,
Abstract 221; J. Lamar Survey, Abstract 754: and M. McBride
Survey, Abstract 804. If approved, the property may be
utilized for any purpose allowed in the Agricultural (A) zoning
district. Z-88-001. (The Planning and Zoning Commission
recommended approval.)
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 tract of
land 100' in width which was annexed by the City of Denton on
March 1, 1988. Staff was recommending (A) zoning since it
followed the Trinity River and was an undevelopable tract of
land.
City of Denton City Council Minutes
June 7, 1988
Page 6
The following ordinance was considered:
NO. 88-092
101
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 51.3 ACRES OF LAND LOCATED ALONG THE ELM
FORK OF THE TRINITY RIVER AND BEING PART' OF THE J.
CLAYTON SURVEY, ABSTRACT 221, THE J. LAMAR SURVEY,
ABSTRACT 754, AND THE M. MCBRIDE SURVEY, ABSTRACT 804,
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.
Alexander motion, Gorton second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye,'" Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
C. The Council considered a petition of Duninick
Brothers, Inc. requesting a Specific Use Permit for a temporary
batch plant and construction site in an Agricultural (A)
district. The property was approximately 15.234 acres located
at the northwest corner of Rector Road and 1-35 North service
road and was described as part of the B. Burleson Survey,
Abstract No. 65, and the J. Ayers Survey, Abstract No. 2.
Z-88-007. (The Planning and Zoning Commission recommended
approval.)
The Mayor opened the public hearing.
Dick Kelsey, attorney for Duninick Brothers, Inc., reviewed the
history of the property. He stated that Duninick Brothers had
leased the property while it still was outside the City limits
and there was no zoning on the property at that time. The
property had been leased for a temporary period of three and a
half years. At the end of the lease, the property would be
restored to an agriculture condition except for a storage
building which would remain. Some time after that, the City
became concerned and asked that the property be platted. It
was determined after discussion with City staff and others,
that because it was a temporary lease, it was probably not
subjected to the platting requirements, since it required that
the owner plat the property and not the tenant plat the
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City of Denton City Council Minutes
June 7, 1988
Page 7
property. The owner was not willing to plat the property so no
formal platting had been done. An informal plat, at the City's
request, had been filed showing the dimensions, design, etc.
Shortly after the platting matter was being discussed, the City
decided that for control purposes, the property would be
annexed. At that time Duninick Brothers was already using the
property and had been using the property as a construction site
long before the annexation. The property was annexed and as a
result, was scheduled for zoning as (A) Agricultural. Duninick
Brothers did not oppose that type of zoning. A specific use
permit was being requested for a concrete batch plant operation
for use in the I35 project. That was the only reason that the
property was being used. Duninick Brothers had no intent to
purchase the property. Conditions for the permit included
restoring the land to agricultural, no vehicular access on the
southern portion of the property from Rector Road - the only
access to the property was from the access road which belonged
to the State, screening and weed control was provided as asked
for.
Council Member Ayer asked if the subsequent annexation and
zoning procedure had any effect on the original provisions of
the lease contract.
Kelsey replied probably not. Duninick Brothers was obligated,
under the terms of the lease, to follow the laws and ordinances
of the City of Denton.
Council Member Alexander stated that some of the original
discussion involved both an asphalt and concrete plant. That
was no longer the case.
Kelsey replied that the asphalt plant had been reviewed by the
Texas Air Quality Board which asked Duninick Brothers to
withdraw the permit application which they did.
Mayor Stephens asked if Duninick Brothers owned the concrete
trucks at the house north of the mexican restaurant.
Kelsey replied no.
Willis Duninick, President of Duninick Brothers, Inc. spoke in
favor of the petition. He stated that the duration of the
project as established by the State of Texas was 42 months.
The concrete batch plant was going to be there for a great deal
of the time but would not be operating for a great deal of that
time. Operationally, the plant would be in operation for
approximately 24 weeks. The actual operation time of the plant
was shorter than the job itself.
City of Denton City Council Minutes
June 7, 1988
Page 8
Elsbeth Crawford spoke in opposition. She stated that there
were three major factors that had not been addressed. On the
north part of the property, not belonging to the property was a
watershed going into Clear Creek. A holding tank had been dug
there and the tank was leaking into Clear Creek. If it rained,
the pollutants would go into Clear Creek. Rector Road and the
overpass was a part of the school bus route with the gate to
the property being opposite the ramp. The bus had to come down
Rector Road, make the curve, and turn again in front of their
road. When it rained, the trucks carried mud out to the road
and practically covered the median lines on Rector Road. The
mud hid the lane dividers and made the road very slippery.
Trucks did not obey the stop sign at that location. The dust
from the plant was so bad that a handicapped individual living
next to the plant was not able to leave his home. Sanger had
offered a free alternate site but the site was not accepted.
Dwight Crawford recalled a recommendation from the Planning and
Zoning Commission after Duninick Brothers had leased the
property and was using the property for equipment storage, that
the property owners request the City of Denton for annexation
so the City would have control over the property. The property
was annexed. Now the City was giving permission for Duninick
Brothers to place a concrete plant on the property. When the
property was annexed there was no concrete plant, no asphalt
plant, only a construction site. He opposed the proposal.
Mr. Kelsey was allowed a five minute rebuttal.
Kelsey stated that the State authorities encouraged them to get
as close to the pro~ect as possible. The Sanger property was
not suitable for their needs. They had followed every
regulatory thing that the law required them to do. With
regards to the retention pond, the purpose was to retain
organic run-off. There were no pollutants in the water and no
one had ever mentioned the problem before. No complaints had
been received from the School District and the drivers not
observing the stop sign were not employees of Duninick
Brothers. Finally, no complaints had been received from the
handicapped neighbor.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, reviewed the history of the
property. When the property was first brought to staff's
attention, it was in the ETJ of the City of Denton. In June
1987, a preliminary platt was submitted to the Planning
Department and in July the Planning and Zoning Commission
denied a request for a variance to perimeter st£eet
improvements to Rector Road and approved the preliminary and
final plat of the Rector subdivision. Based on conversations
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City of Denton City Council Minutes
June 7, 1988
Page 9
with the.Planning and Zoning Commission. the City Council and
City staff, it was determined that the platting action would
not proceed if the property was annexed and zoned
appropriately. At that time a building was being erected
during the processing of the platt which the City asked not to
proceed with but it was constructed. A maintenance yard was
added to the site after that. In October of 1987 when the
property was annexed, it had a maintenance yard and a storage
building on the site. The Texas Air Control Board considered
and denied an asphalt batch plant request. The concrete plant
request was approved. Planning and Zoning had placed certain
conditions on the specific use permit which included removal of
the plant by June 1, 1991 or at the time the project was
completed and a solid screening device be installed on the
property.
Mayor Stephens asked what controls would have been available if
the city had not annexed the property.
Carson replied that there would not be any governmental
controls available.
Stephens stated that there would not have been any provisions
for not using Rector Road. no provisions for erecting -
screening, no provisions for restoration of land, and no
particular time limit for removal of the plant other than the
one noted in the lease agreement.
Carson stated that the Mayor was correct.
Mayor Stephens asked that if the specific use permit were
approved, what type of traffic controls could be imposed.
Carson stated that staff had discussed the possibility of
requiring pavement inside which might include speed bumps but
there was a concern of trying to return the property to an
agricultural condition.
City Manager Harrell stated in regard to the addition of
conditions to try and regulate traffic leaving the site. a stop
sign might be appropriate but had some hesitation with a
condition for an obligation of speed bumps due the liability
exposure fo[ the City.
Council Member McAdams stated that she wanted to make sure the
same conditions were imposed on developers in the City limits
as were imposed on developers in the ETJ.
City of Denton City Council Minutes
June 7. 1988
Page 10
A discussion ensued between the Council Members and Mr. Kelsey
and Mr. Duninick regarding the technicalities for speed bumps,
where to place a stop sign relative to the speed bump, and the
use of speed bumps.
The following ordinance was considered:
NO. 88-093
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A
SPECIFIC USE PERMIT FOR A TEMPORARY BATCH PLANT AND
CONSTRUCTION SITE, AS SAID PERMIT APPLIES TO 15.2
ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE
INTERSECTION OF RECTOR ROAD AND THE SERVICE ROAD OF
1-35, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Alexander motion, McAdams second to approve the ordinance with
the conditions suggested by the Planning and Zoning Commission.
Gorton motion, Boyd second to amend Section 2, Number 5 to read
"that a stop sign and speed bumps shall be installed within
three feet of the property line to control the speed of egress
traffic" On roll vote, McAdams "nay," Alexander "nay," Gorton
"aye," Ayer "nay," Boyd "aye," and Mayor Stephens "aye."
Motion failed on a 3-3 tie.
Council then voted on the main motion. On roll vote, McAdams
"aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd "nay,"
and Mayor Stephens "nay." Motion carried with a 4-2 vote.
D. The Council considered a petition of BM-J
Properties requesting a variance of Article 4.04 of the City of
Denton Subdivision and Land Development Regulations on a 1.997
acre tract located between West Hickory Street and Stella
Street at Avenue F. This property was further described as a
tract in the Eugene Puchalski Survey, Abstract 996. Article
4.04 required that developers install sidewalks on one side of
all thoroughfares and collector streets adjoining a
subdivision. A sidewalk was required along the south side of
Hickory Street. V-43. (The Planning and Zoning Commission
recommended denial.)
The Mayor opened the public hearing.
No one spoke in favor.
NO one spoke in opposition.
The Mayor closed the public hearing.
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City of Denton City Council Minutes
June 7, 1988
Page 11
Cecile Carson, Urban Planner, stated that this was a request
for a variance of the Subdivison Regulations concerning a
sidewalk located along Hickory Street. The property was a
proposed replat of the existing configuration into one lot.
Planning and Zoning reviewed the variance procedure and
recommended denial with a 5-0 vote. Two of the three variance
conditions were violated which included the condition that the
variance would not violate the Master Plan and the variance was
unique to the situation.
McAdams motion, Ayer second to deny the request. Onroll vote,
McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," Boyd
"aye," and Mayor Stephens "aye." Motion carried unanimously.
Item #5.E. was moved ahead in the agenda order.
5. Resolutions
E. The Council considered approval of a resolution
temporarily closing Park Lane on June 11, 1988 for a block
party.
The following resolution was considered:
RESOLUTION NO. R88-038
A RESOLUTION TEMPORARILY CLOSING PARK LANE, FROM ITS
INTERSECTION WITH SIMMONS STREET TO ITS INTERSECTION
WITH HILL STREET, ON JUNE 11, 1988; AND PROVIDING AN
EFFECTIVE DATE.
Boyd motion, McAdams second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
Item %6.B. was moved ahead in the agenda order.
Tabled Items
B. The Council considered removal from the table a
resolution authorizing the City to submit to the Department of
HOUSing and Urban Development a Final Statement of Objectives
and Projected Use of Funds.
McAdams motion, Gorton second to remove the item from the
table. On roll vote, McAdams "aye," Alexander "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
City of Denton City Council Minutes
June 7, 1988
Page 12
The following resolution was considered:
R88-040
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT A FINAL STATEMENT OF
OBJECTIVES AND PROJECTED USE OF FUNDS WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACTS OF 1974, AS
AMENDED: AND PROVIDING FOR AN EFFECTIVE DATE.
Barbara Ross, Community Development Coordinator, Stated that
the resolution would approve submittal to HUD the final
statement of objectives and projected use of funds approved by
the Community Development Block Grant Committee. Those uses
included the following funding allocations: $369,804 - housing
rehabilitation, $15,000 - demolition and lot clearance, $8,000
- irrigation system for the Martin Luther King, Jr. Center,
$10,400 - Martin Luther King, Jr. Center landscaping, $26,550 -
English as a Second Language Classes, $21,212 - Educational
Assistance Program, $3,000 - Phoenix Apartment Sidewalks,
$100,000 - Administration.
Council Member Gorton expressed his concern regarding the ESL
and Educational Assistance Programs. He hoped that the two
groups understood that the funding was not guaranteed over a
broad period of years.
Ayer motion, McAdams second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
The Council returned to the regular agenda order.
Consent Agenda
A. Bids and Purchase Orders:
1. Bid #9865 - Two Man Aerial Device
B. Tax Refund
Considered approval of a tax refund for
Elwood Reber - $599.58
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City of Denton City Council Minutes
June 7, 1988
Page 13
Plats and Replats
1..
Considered approval
the Arby's Addition,
Planning and Zoning
approval.)
of preliminary plat of
Lot 1, Block A. (The
Commission recommended
Considered approval of preliminary and final
replat of Lots 10 and 11 to Lot llR, Block
H, of the Forrestridge Addition, Section
III. (The Planning and Zoning 'Commission
recommended approval.)
McAdams motion, Gorton second to approve the Consent Agenda as
presented. Motion carried unanimously.
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. 88-094
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, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered adoption of an ordinance
amending Article I of Chapter 17 of the Code of Ordinances of
the City of Denton, Texas ("Plumbing Code") by amending Section
17-2 (a)(16) of Chapter 17; repealing all ordinances in
conflict herewith and providing for a penalty not to exceed
$2,000.00. (The Plumbing and Mechanical Board recommended
approval).
The following ordinance was considered:
City of Denton City Council Minutes
June 7, 1988
Page 14
NO. 88-095
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 17 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
("PLUMBING CODE") BY AMENDING SECTION 17-2 (a)(16) OF
CHAPTER 17; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
C. The Council considered adoption of an ordinance
amending Article III (Peddlers, Solicitors and Itinerant
Venders) of Chapter 20 of the Code of Ordinances providing for
the regulation of home solicitations and itinerant merchants.
The following ordinance was considered:
NO. 88-096
AN ORDINANCE AMENDING ARTICLE III (PEDDLERS,
SOLICITORS AND ITINERANT VENDORS) OF CHAPTER 20 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR
THE REGULATION OF HOME SOLICITATIONS AND ITINERANT
MERCHANTS; PROVIDING DEFINITIONS OF THE TERMS USED IN
THE REGULATIONS; PROVIDING THAT PERMITS ARE REQUIRED
FOR PERSONS ENGAGED IN HOME SOLICITATIONS AND FOR
ITINERANT MERCHANTS WHO WISH TO OFFER GOODS OR
SERVICES FOR SALE; PROVIDING FOR APPEAL PROCEDURES;
PROVIDING EXEMPTIONS; PROVIDING FOR A MAXIMUM PENALTY
IN THE AMOUNT OF $500.00 FOR VIOLATIONS THEREFOR; AND
DECLARING AN EFFECTIVE DATE.
Gorton motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the
agreement of July 16, 1985 between the City and Freese and
Nichols relating to professional engineering services for the
upgrade of the City's water treatment plant. (The Public
Utilities Board recommended approval).
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The following o£dinance was consi4ered:
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City of Denton City Council Minutes
June 7, 1988
Page 15
NO. 88-097
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT OF JULY 16, 1985
BETWEEN THE CITY AND FREESE AND NICHOLS RELATING TO
PROFESSIONAL ENGINEERING SERVICES FOR THE UPGRADE OF
THE CITY'S WATER TREATMENT PLANT; PROVIDING FOR THE
EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTI~ DATE.
Bob Nelson, Executive Director for Utilities, stated that this
was a contract for resident engineering services. The old
contract expired May 1, 1988. The services would be needed
until July 1, 1988.
Council Member Ayer asked if this was for services above and
beyond that which was specified in the original contract.
Nelson replied that is was a change in the time frame from that
which was originally contracted for with Freese and Nichols.
McAdams motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
E. The Council considered adoption of an ordinance
amending schedules TR, TP, and TG of the schedule of rates for
electrical service, as adopted by Ordinance No. 87-027, to
provide for a change in peak periods for energy charges. (The
Public Utilities Board recommended approval)
The following ordinance was considered:
NO. 88-098
AN ORDINANCE OF THE CITY OF DENTON AMENDING SCHEDULES
TR, TP, AND TG OF THE SCHEDULE OF RATES FOR ELECTRICAL
SERVICE, AS ADOPTED BY ORDINANCE NO. 87-027, TO
PROVIDE FOR A CHANGE IN PEAK PERIODS FOR ENERGY
CHARGES; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the execution of a contract between the City of
Denton and the United States Army Corps of Engineers for design
and construction of non-cost sharable recreation facilities at
Ray Roberts Lake. (The Public Utilities Board recommended
approval)
City of Denton City Council Minutes
June 7, 1988
Page 16
NO. 88-099
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN THE CITY OF DENTON AND THE UNITED STATES ARMY
CORPS OF ENGINEERS FOR DESIGN AND CONSTRUCTION OF
NON-COST SHARABLE RECREATION FACILITIES AT RAY ROBERTS
LAKE; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that the
City was required to place recreation facilities a.t Lake Ray
Roberts. On most of the recreation, the federal government was
sharing 50% of the costs with the cities of Denton and Dallas
picking up the other 50%. The City was then required to
provide the full maintenance and operate the parks. The State
Wildlife Department had agreed to manage the parks. The
Department required a foreman's residence and an equipment
facility in both locations plus roadwork, utilities, etc to
those facilities. The federal government would not share in
those costs but the State had agreed to pay those costs but
require the money first, then reimburse the'City.
Ayer motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye," -
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
approving a contract providing for the purchase of real
property by the City of Denton, Texas as described herein, from
Mr. and Mrs. Coulter for the acquisition of property at the
Lake Ray Roberts Dam. (The Planning and Zoning Commission and
the Public Utilities Board recommended approval).
The following ordinance was considered:
NO. 88-100
AN ORDINANCE APPROVING A CONTRACT PRovIDING FOR THE
PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS
AS DESCRIBED HEREIN FROM ALFRED G. COULTER AND GRACE
LENA COULTER FOR THE ACQUISITION OF PROPERTY FOR THE
CITY'S WATER PLANT; AND PROVIDING FOR AN EFFECTIVE
DATE.
Bob Nelson, Executive Director for Utilities, stated that this
was the next tract of property that was needed for the water
plant at Lake Ray Roberts.
Alexander motion, Boyd second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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June 7, 1988
Page 17
H. The Council considered adoption of an ordinance
authorizing the City Manager to execute a contract providing
for the purchase of real property by the City of Denton, Texas
located adjacent to the Wastewater Treatment Plant. (The
Planning and Zoning Commission and the Public Utilities Board
recommended approval).
The following ordinance was considered:
NO. 88-101
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS
AS DESCRIBED HEREIN FROM D. J. ANDERSON FOR THE
ACQUISITION OF PROPERTY FOR THE CITY'S WASTEWATER
TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that this
property was just north of the wastewater treatment plant. The
land was needed for land injection at the site.
Ayer motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
I. The Council considered adoption of an ordinance
providing for one-way traffic northbound on the east frontage
road of Interstate Highway 35E, from its intersection with
Mayhill Road to the southern City limits, a distance of
approximately 5,570 feet; and one-way traffic southbound on the
west frontage road of Interstate 35E from its intersection with
State School Road to the southern City limits for a distance of
5,540 feet.
The following ordinance was considered:
NO. 88-102
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR ONE-WAY TRAFFIC NORTHBOUND ON THE EAST FRONTAGE
ROAD OF INTERSTATE HIGHWAY 35-E, FROM ITS INTERSECTION
WITH MAYHILL ROAD TO THE SOUTHERN CITY LIMITS, A
DISTANCE OF APPROXIMATELY 5,750 FEET; ONE-WAY TRAFFIC
SOUTHBOUND ON THE WEST FRONTAGE ROAD OF INTERSTATE
HIGHWAY 35-E FROM ITS INTERSECTION WITH STATE SCHOOL
ROAD TO THE SOUTHERN CITY LIMITS FOR A DISTANCE OF
5,450 FEET; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00); AND DECLARING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
June 7, 1988
Page 18
Rick Svehla, Deputy City Manager, stated that the Citizen's
Traffic Safety Support Commission had considered this issue at
two different times. In 1986, the Highway Department indicated
that work would be done in the area where the Boeing Plant was
now. At that time the City passed a resolution which would keep
the service roads two lane until construction began. In
February, the Commission again reviewed the proposal and
recommended approval.
Alexander motion, Ayer second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
5. Resolutions
A. The Council considered approval of a resolution
endorsing the outline of legislative strategy for the Clean Air
Act as adopted by the North Central Texas Council of
Governments.
The following resolution was considered:
RESOLUTION NO. R88-O34
A RESOLUTION ENDORSING THE OUTLINE OF LEGISLATIVE
STRATEGY FOR THE CLEAN AIR ACT AS ADOPTED BY THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Alexander motion, Ayer second to approve the resolution. On
roll vote, McAdams "aye," Alexander "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 Manager to submit an application to the
Department of Housing and Urban Development for a grant for a
rental rehabilitation project.
The following resolution was considered:
RESOLUTION NO. R88-035
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A GRANT; AND PROVIDING AN EFFECTIVE
DATE.
McAdams motion, Gorton second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
June 7, 1988
Page 19
C.
appointing
Force.
The Council considered approval of a resolution
members to the Low/Moderate Income Housing Task
The following resolution was considered:
RESOLUTION NO. R88-036
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON
CREATING A LOW/MODERATE INCOME HOUSING TASK FORCE TO
FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY
COUNCIL REGARDING SOLUTIONS TO THE PROBLEM OF
OBTAINING AFFORDABLE AND ADEQUATE HOUSING BY
INDIVIDUALS AND FAMILIES WITH LOW TO MODERATE INCOME;
AND DECLARING AN EFFECTIVE DATE.
Boyd motion, Gorton second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. The Council considered approval of a resolution
appointing members to the Blue Ribbon Task Force for Solid
Waste.
The following resolution was considered:
RESOLUTION NO. R88-037
A RESOLUTION CREATING THE BLUE RIBBON CITIZENS
COMMITTEE FOR SOLID WASTE TO FORMULATE AND PROVIDE
RECOMMENDATIONS TO THE CITY COUNCIL RELATIVE TO THE
PROVISION OF SOLID WASTE SERVICES; AND PROVIDING FOR
AN EFFECTIVE DATE.
Ayer motion, Gorton second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
E. Item E. was considered earlier in the agenda.
6. Tabled Items
A. 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.
No motion was received to remove this item from the table.
B. Item B. was considered earlier in the agenda.
City of Denton City Council Minutes
June 7, 1988
Page 20
Miscellaneous matters from th% City Manager
Lloyd Harrell, City Manager, briefed the Council on the
following item:
A. GTE filed an update rate schedule with the Public
Utility Commission asking for an increase in telephone rates.
Originally GTE had filed the case in 1984 with no action taken
on the case. GTE tried to withdraw the case and file a new
case. Because of objections, GTE did not withdraw the original
case but updated it with a new rate increase. Anticipated
action was in December/early January of next year.
Representatives from TML would continue to monitor the
situation.
8. There was no official action taken on Executive
Session items of legal matters, real estate, personnel or board
appointments.
9. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gorton questioned businesses such
as snow cone stands, etc. receiving utility hook-ups in
relation to the itinerant merchant permits.
B. Council Member Boyd suggested reviewing the 1987
reallocation of 1987 CDBG funds.
C. Council Member McAdams requested the following:
1. More information
recommendation from the Human Resources
reduction of two transportation sections.
concerning the
Committee for the
2. The Master Plan for the area around the
airport, relative to roads, did not necessarily match what was
being proposed in the Denton Development Guide. The proposed
alignment for a road near the airport went through a flood
plain area and crossed a creek several times.
10. The Council reconvened into the Executive Session to
discuss:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17
V.A.T.S.
Held a discussion regarding the City of
Denton vs. Maverick, Hawley vs. the City of
Denton, Rankin vs. the City of Denton, and
Anderson vs. the City of Denton.
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City of Denton City Council Minutes
June 7, 1988
Page 21
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.
No official action was taken.
With no further business, the meeting was adjourned at 11:21
p.m.
Tyi~ WALTERS
SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS
2936C