Minutes June 21, 1988117
CITY OF DENTON CITY COUNCIL MINUTES
JUNE 21, 1988
The Council convened into the Work Session at 5:15 p.m.
Civil Defense Room.
PRESENT:
ABSENT:
1.
the following:
in the
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Boyd, Gorton and McAdams.
Council Member Ayer
The Council convened into Executive Session to discuss
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17
V.A.T.S.
Received an update and hold a discussion
regarding Maverick vs. the City of Denton
2. Discussed County vs. City of Denton.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17
V.A.T.S.
Personnel/Board Appointments -- Under Sec. 2(g),
Art 6252-17 V.A.T.S.
1. Held a discussion and considered
appointments to all City of Denton Boards
and Commissions.
2. The Council was to
9-1-1 Emergency District.
This item was not discussed.
receive a briefing regarding the
3. The Council was to hold a discussion
recommended Five Year Capital Improvement Plan.
regarding the
This item was not discussed during the work session.
The Council then convened into the regular session at 7:00 p.m.
in the Council Chambers.
PRESENT: Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Boyd, Gorton and McAdams.
ABSENT: Council Member Ayer
Mr. Lee Knox, American Legion Commander - Post 71, presented
the Mayor and Council a citation of appreciation ~or correctly
displaying the American flag 24 hours per day.
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City of Denton City Council Minutes
June 21, 1988
Page 2
1. The Council received a request from the Kiwanis
Children's Clinic to place a banner across Locust Street at the
intersection with Mulberry announcing the annual Fourth of July
Fireworks Show.
John Adami, representing the Kiwanis, requested permission to
place a banner across Locust Street.
Gorton motion, Alexander second to approve the request. Motion
carried unanimously.
Item 2. B. was moved ahead in the agenda order.
Public Hearings
B. The coUncil considered 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; repealing Articles 4.17 and 4.18 of Appendix A.
(The Planning and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
Bill Coleman, speaking neither in favor nor opposition, stated
that the ordinance may not be as complete as the Council may
want it to be.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, reviewed the provisions of the
ordinance including perimeter street paving, sidewalks,
driveway/parking lots and collector streets. An adjustment had
been made to the ordinance concerning the requirement of
sidewalks in certain development cases which Carson reviewed.
The following ordinance was considered:
City of Denton City Council Minutes
June Zl, 1988
Page 3
NO. 88-103
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 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;
REPEALING ARTICLES 4.17, 4.18 AND 4.19 OF CHAPTER IV
OF ARTICLE III APPENDIX A; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A PENALTY IN THE
MAXIM~JM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
Council returned to the regular agenda order.
A. The Council considered a petition of Victor
Equipment Company requesting a variance of Article 4.04 of the
City of Denton Subdivision and Land Development Regulations on
a 15.451 acre tract located south of FM 1515 and west of
1-35W. This property was further described as a tract in the
E. Puchalski Survey, Abstract No. 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 FM 1515 and the
west side of 1-35W. V-44. (The Planning and Zoning Commission
had no recommendation.)
The Mayor opened the public hearing.
Harold Staling, Victor Equipment representative, withdrew the
request for sidewalk variance along with a plat which was to
have been considered on the Consent Agenda.
C. The Council considered an ordinance amending the
Code of Ordinances to add Appendix C-Tree Preservation,
Landscape, and Screening Requirements and Regulations. (The
Planning and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
Mike Cochran spoke in favor of the petition. He felt that it
was long needed in Denton.
No one spoke in opposition.
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City of Denton City Council Minutes
June 21, 1988
Page 4
The Mayor, closed the public hearing.
The following ordinance was considered:
NO. 88-104
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A
NEW APPENDIX C TO THE CODE OF ORDINANCES TO PROVIDE
FOR TREE PRESERVATION, LANDSCAPE, AND SCREENING
REQUIREMENTS AND REGULATIONS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE
AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) FOR
VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE
DATE.
Frank Robbins, Executive Director for Planning, presented an
overview of the history of the ordinance and a summary of the
contents of the ordinance.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
Item #4.D. was moved ahead in the agenda order.
Ordinances
D. The Council considered adoption of an ordinance
directing the publication of notice of intention to issue City
of Denton Utility System Revenue Bonds, Series 1988, in the
maximum principal amount of $3,500,000, and directing the
issuance and publication of Notice of Sale of said bonds.
The following ordinance was considered:
NO. 88-108
ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM
REVENUE BONDS, SERIES 1988., IN THE MAXIMUM PRINCIPAL
AMOUNT OF $3,500,000, AND DIRECTING THE ISSUANCE AND
PUBLICATION OF NOTICE OF SALE OF SAID BONDS.
Frank Medanich, First Southwest Company, reviewed the details
of the sale of the bonds.
Mayor Stephens referred to the section of the Code of
Ordinances relating to a non-binding public vote on the sale of
revenue bond issues. He felt the public should not be bypassed
as stated in the Code of Ordinances.
City of Denton City Council Minutes
June Zl, 1988
Page 5
Medanich replied that the City's bond counsel had advised him
that the .City was authorized by Article 2368a to proceed in the
manner in the issuance of revenue bonds. He also stated that
where there was a conflict between a Charter and the laws in
the Constitution of the State of Texas, the laws in the
Constitution prevailed.
McAdams motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Stephens "nay." Motion
carried with a 5-1 vote.
3. Consent Agenda
McAdams motion, Gorton second to approve the Consent Agenda
with the exception of item 3.B.3. which was withdrawn by the
petitioner. Motion carried'unanimously.
Consent Agenda
A. Bids and Purchase Orders:
Bid #9867 - Asphalt Emulsion & Road Materials
Bid #9868 - Radio Controlled Load Switches
Bid #9858 - Woodrow Lane Culvert and Channel
Improvements
Bid #9863 - Fiberglass Poles
5. P.O. # 84869 - Poly American - $29,550.
Withdrawn by
Petitioner
Plats and Replats
Consider approval of preliminary plat of the
Goldfield Tennis Center Addition, Lots 1 and
2, Block 1. (The Planning and Zoning
Commission recommended approval.),
Consider approval of preliminary replat of
part of Lot 27 to Lots 27A and 27B, Little
Brook Estates, Unit Number 2. (The Planning
and Zoning Commission recommended approval.)
Consider approval of preliminary plat of the
Victor Addition, Lot 1, Block A. (The
Planning and Zoning Commission recommended
approval.)
Tax Refunds
Consider approval of a tax refund for Denton
Savings Association/George Chauncy for
$637.62.
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City of Denton City Council Minutes
June 21, 1988
Page 6
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. 88-105
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," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
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. 88-106
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," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
C. 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:
City of Denton City Council Minutes
June 21. 1988
Page ?
NO. 88-107
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, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
D. Item D. was considered earlier in the agenda.
E. The Council considered adoption of an ordinance
approving Deloitte Haskins and Sells to begin an audit of the
fiscal year ending September 30, 1988.
The following ordinance was considered:
NO. 88-109
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE.
HASKINS, AND SELLS AS AUDITORS FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1988, AND PROVIDING AN EFFECTIVE
DATE.
John McGrane, Executive Director for Finance, stated that the
City had a three year agreement with Deloitte, Haskins, and
Sells and that this was the annual update to that agreement for
the audit of the City's fiscal year ending September 30, 1988.
Hopkins motion, Alexander second to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
F. The Council considered adoption of an ordinance
by the City Council of the City of Denton amending Ordinance
No. 87-027 by establishing an Air Conditioner Cycling Rebate
(ACCR) Schedule for customers served under rate schedules R-i,
R-Z, GS and G1 and making available a credit to the electric
utility bills of those persons who contract with the City of
Denton for such rebate. (The Public Utilities Board
recommended approval).
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City of Denton City Council Minutes
June 21, 1988
Page 8
NO. 88-110
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON
AMENDING ORDINANCE NO. 87-027 BY ESTABLISHING AN AIR
CONDITIONER CYCLING REBATE (ACCR) SCHEDULE FOR
CUSTOMERS SERVED UNDER RATE SCHEDULES R-l, R-2, GS AND
Gl; MAKING AVAILABLE A CREDIT TO THE ELECTRIC UTILITY
BILLS OF THOSE PERSONS WHO CONTRACT WITH THE CITY OF
DENTON FOR SUCH REBATE AND DECLARING AN EFFECTIVE DATE.
Jeff Meyer, Energy Management Administrator, stated: that this
was a major residential load management program. The program
was a voluntary program for homeowners in which a device would
be attached to their air conditioner. When the load capacity
reached a certain point, the air conditioner would shut off for
a maximum of one hour.
Hopkins motion, McAdams second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "ayes" Gorton
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
exercising the option to extend the contract of Heard, Goggan,
Blair, and Williams for one year beginning July 1, 1988 through
June 30, 1989, for the collection of all delinquent taxes.
The following ordinance was considered:
NO. 88-111
AN ORDINANCE APPROVING AN EXTENSION OF A CONTRACT
BETWEEN THE CITY OF DENTON AND HEARD, GOGGAN, BLAIR,
AND WILLIAMS, ATTORNEYS AT LAW FOR THE COLLECTION OF
DELINQUENT TAXES; 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," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
5. Resolutions
A. The Council did not consider approval of a
resolution appointing a member to the Board of Managers of the
DENCO Area 9-1-1 District.
6. The Council considered an appointment to the Blue
Ribbon Citizens Committee fo~ Solid Waste.
City of Denton City Council Minutes
June 21, 1988
Page 9
Alexander. motion, McAdams second nominate Linda Kohler to the
Blue Robbon Citizens Committee for Solid Waste. Motion carried
unanimously.
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Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager presented the following items:
A. Reviewed the May budget recap
B. Reminded Council of a letter from Judge Vic
Burgess regarding a meeting June 30, 1988 at 7:30 p.m. on the
2499 issue. The meeting was to be held in the Commissioners
Court.
C. Provided public recognition of the Planning
staff, the Beautification Committee members, the Planning and
Zoning members and all those who worked on the tree
preservation and subdivision ordinances fo£ all their hard work
on two such worthy projects.
ItemS:
The following action was taken on Executive Session
A. Hopkins motion, McAdams second to nominate the
following individuals to the City of Denton City Council Boards
and Commissions:
Airport Advisory Board
David Arno
Nancy Jane Hundley
Don Williams
Don Smith
Board of Adjustment
Frances LaForte
Ralph Morrison
Harold Harkins
Buildinq Code Board
Isabel Miller
Charles Ginnings
Cliff Reding
Alfred "Bud" Green
Wayne Allen (Alternate)
Don Fletcher (Alternate)
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City of Denton City Council Minutes
June 21, 1988
Page 10
Cable TV Advisory Board
Meta Carstarphen
Citizens Traffic Safety Support Commission
John Erwin
David Graham
Mike Amador
Gene Gohlke
Community Development Block Grant Committee
Rey Trejo
Don Chipman
Katie Fleming
Data Processinq Advisory Board
Ronald McDade
Cengiz Capan
Electrical Code Board
Clyde McWilliams
Lance Spence
Historic Landmark Commission
Bullitt Lowry
Judith Abbott
Tom Miller
Human Resources Committee
Don Harper
Linda Ashmore
Dorothy Damico
Reginald Logan
Rudy Rodriguez
Library Board
David Spec~
Jean Schaake
Margret Chrisman
Parks and Recreation Board
Roy Appleton
Catherine Bell
City of Denton City Council Minutes
June 21, 1988
Page 11
Planninq and Zoninq Commission
Jim Englebrecht
William Kamman
Plumbing and Mechanical Code Board
Richard Cooper
Pete Work
Public Utilities Board
Kenneth Frady
TMPA Board of Directors-Denton Representatives
Roland Vela
Motion carried unanimously.
B. City Manager Harrell submitted the name of Jack
Miller for a continued term on the Civil Service Commission and
asked for Council's approval. Boyd motion, Alexander second to
approve the nomination. Motion carried unanimously.
C. Mayor Stephens announced the appointment of
Charles Glasgow and Weston Blair' to the Denton Housing
Authority.
~9. New Business
There were no items of new business suggested by Council
Members for future agendas.
The Council considered Item #3 from the work session.
3. The Council held a discussion regarding
recommended Five Year Capital Improvement Plan.
the
Lloyd Harrell, City Manager, stated that at the last Council
meeting the staff had presented the recommended five year CIP
program as endorsed by the Planning and Zoning Commission and
the Public Utilities Board. The next step was to bring to
Council a resolution which Council would formally endorse the
program. He asked if there were any remaining questions about
any of the projects contained in the proposed program.
in Executive Session
127
10. The Council did not meet
~ollowing ~he meeting.
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City of Denton City Council Minutes
June 21, 1988
Page 12
With no further business, the meeting was adjourned at 8:07 p.m.
~ITY SECRETARY
CITY OF DENTON, TEXAS
2941C