Minutes July 19, 2001168
CITY OF DENTON CITY COUNCIL MINUTES
July 19, 1988
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRES ENT:
Mayor Pro Tem Hopkins; Council Members Alexander,
Ayer, Boyd, Gorton and McAdams.
ABSENT:
Mayor Stephens
1. The Council held a discussion regarding a draft of the
Denton Development Plan.
Mitchell Turner, Land Use Planning Committee, presented
background information regarding the Plan. He stated that the
plan had been presented at five neighborhood meetings and to
various groups and organizations in the City. Turner then
reviewed the major new policy areas of the Plan which included
intensity, housing, transportation, economic development, parks
and recreation, urban design, balanced growth, compact growth
and implementation. He indicated that team captains from the
Committee were present to answer any questions the Council
Members might have.
Council Member Alexander questioned that Dallas Drive was not
mentioned as an official City entranceway. He asked for
clarification of that.
Harry Persuad, Urban Planner, stated that Dallas Drive would be
included as a major entranceway.
A question and answer period followed dealing with Council's
questions of the Plan.
2. The Council held a discussion of procedures for
preparing Appendix A of the Denton Development Plan.
Harry Persuad, Urban Planner, stated that new zoning maps would
need to be developed with the Denton Development Plan which
would incorporate the City into low - moderate - high intensity
areas. He presented three options to the Council regarding the
preparation of Appendix A. Option A would appoint a task force
which would prepare the intensity maps. The Planning and
Zoning Commission and the City Council would review the maps.
Zoning cases would be presented to the Planning and Zoning
Commission and then to the City Council separate from the
zoning maps. Under this option, a zoning case would take
approximately 15 weeks. Option B was similar to Option A
except that the zoning case would appear along with the zoning
map on the same Council agenda. Under this option, a zoning
case would take approximately 9 weeks. Option C was to delay
adoption of the Plan until Appendix A was completed,
approximately 6 months. Persuad presented the pros and cons of
each option to the Council and requested direction as to which
Option the Council wanted to implement.
City of Denton City Council Minutes
July 19, 1988
Page 2
Consensus of the Council was to place discussion and possible
action regarding the Task Force on the next agenda and to hold
another work session dealing with which Option to initiate.
3. The Council convened into Executive Session to discuss
the following:
A. Legal Matters - - Under Sec. 2(e), Art. 6252-17
V.A.T.S.
1. Held a discussion of Maverick vs. City.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
Personnel/Board Appointments - - Under Sec. 2(g),
Art. 6252-17 VoA.T.S.
Considered appointments to the Community
Development Block Grant Committee, Historic
Landmark Committee, Human Resources
Committee, Plumbing and Mechanical Code
Board, Electrical Code Board and Park and
Recreation Board.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
PRES ENT:
Mayor Pro Tem Hopkins; Council Members Alexander,
Ayer, Boyd, Gorton and McAdams.
ABSENT:
Mayor Stephens
Consent Agenda
McAdams motion, Gorton second to approve the Consent Agenda as
presented. Motion carried unanimously.
A. Bids and Purchases
1. Bid #9869 - Chemicals - Water Treatment
2. Bid ~9871 - Type I Ambulance
3. Bid ~9874 - Wire & Cable
4. Bid #9878 - Playground Equipment
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5. Bid ~9881 - Aerial Signal Cable
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City of Denton City Council Minutes
July 19, 1988
Page 3
6. Bid #9882 - Air Switches/Vertical
7. Bid #9848 - Disposal of PCB Transformers
8. Bid ~9873 - Phoenix Apartments - Phase III
9. Bid #9875 - Loop 288 Waterline Casings
10. Bid #9876 - Mulberry & Carroll Blvd. Traffic
Signal Conduit
2. 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. 88-117
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 Pro Tem Hopkins "aye." Motion carried
unanimously.
B. The Council considered adoption of
accepting competitive bids and providing for
contracts for public works or improvements.
an ordinance
the award of
The following ordinance was considered:
NO. 88-118
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, Ayer second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
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July 19, 1988
Page 4
C. The Council considered adoption of an ordinance
authorizing the conveyance of a tract of land consisting of
approximately 2,907 square feet to Theron Gerald Snider, Jr.;
accepting the conveyance of a tract of land consisting of
approximately 2,905 square feet from Theron Gerald Snider, Jr.
(D-46) (The Planning and Zoning Commission recommended
approval.)
The following ordinance was considered:
NO. 88-119
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A TRACT OF
LAND CONSISTING OF APPROXIMATELY 2907 SQUARE FEET TO
THERON GERALD SNIDER, JR.; ACCEPTING THE CONVEYANCE OF
A TRACT OF LAND CONSISTING OF APPROXIMATELY 2905
SQUARE FEET FROM THERON GERALD SNIDER, JR.; AND
PROVIDING AN EFFECTIVE DATE.
Ayer motion, McAdams second t'o adopt the ordinance. On roll
vote, McAdams "aye,' Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
D. The Council considered adoption of an ordinance
amending the parking regulations of Article 15 of Appendix
B-Zoning of the Code of Ordinances of the City of Denton,
Texas, to provide for regulations for compact parking spaces;
repealing Appendix Illustrations No. 13 and 13A of Appendix
B-Zoning; providing for a maximum penalty of 42,000 for
violations thereof; and providing for an effective date. (The
Planning and Zoning Commission recommended approval.)
The following ordinance was considered:
NO. 88-120
AN ORDINANCE AMENDING THE PARKING REGULATIONS OF
ARTICLE 15 OF APPENDIX B-ZONING OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE
FOR REGULATIONS FOR COMPACT PARKING SPACES; REPEALING
APPENDIX ILLUSTRATIONS NO. 13 AND 13A OF APPENDIX
B-ZONING; PROVIDING FOR A MAXIMUM PENALTY OF 42,000
FOR VIOLATIONS THEREOF; 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 "ay~," and Mayor Pro Tem Hopkins "aye." Motion
carried unanimously.
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City of Denton City Council Minutes
July 19, 1988
Page 5
E. The Council considered adoption of an ordinance
amending the Code of Ordinances of the City of Denton, Texas by
adding Chapter 3 1/2 to include Sections 1 through 15 of
Article I of Chapter 3 1/2 "Alarm Systems" establishing
regulations for the use and operation of alarm systems within
the City; providing definitions; requiring a permit for users
of alarm systems; providing for issuance of permits; providing
for service charges for false alarms; providing for denial and
suspension of permits; and regulating alarm reporting and
operation.
Lloyd Harrell, City Manager, stated that the ordinance was
designed to encourage reduction of the number of false alarms
in the City of Denton. A penalty was available after a
specific number of false alarms during a 12 month period.
Staff was pulling the item from consideration in order to
incorporate several legal considerations that were raised since
the time the item was placed on the agenda. Those
considerations included amending the wording for residential
roperty which had dual alarms for fire and police. Only one
20.00 fee would be assessed to those properties with dual
alarms and not two separate fees, one for fire and one for
police. Another consideration was the renewal of the license
by mail rather than having to renew the license in-person.
Council Member Gorton asked about 911 false alarms being
addressed in the ordinance.
Debra Drayovitch, City Attorney, stated that a reference was
made in the ordinance regarding the use of emergency numbers
for false alarms but that issued really needed to be considered
in a separate ordinance.
Council Member McAdams was concerned that the program was
really a voluntary program and if a resident chose not to
register his alarm system, the City would have no way of
tracking the non-registered system.
Harrell replied that the only way to know of a non-registered
system would be when there was a call to that residence. The
resident could then be cited for failure to register the system.
Mayor Pro Tem Hopkins stated that she was concerned about those
who chose not to register their system. Although the program
was a voluntary program, it should not be made difficult for
those registering their systems.
F. 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
Dr. Elizabeth R. Vaughan for the acquisition of property for
the City's water plant project. (The Planning and Zoning
Commission and the Public Utilities Board recommended approval.)
City of Denton City Council Minutes
July 19, 1988
Page 6
The following ordinance was considered:
NO. 88-121
AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR THE
PURCHASE OF REAL PROPERTY BY THE CITY OF DENTON, TEXAS
AS DESCRIBED HEREIN FROM DR. ELIZABETH R. VAUGHAN 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 final tract of land for the water treatment plant at
Lake Ray Roberts. The land would be used for a booster station
and ground storage tanks.
Boyd motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander 'aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and Brazos
Electric Power Cooperative for the purchase of electrical
facilities and easements; and repealing Ordinance No. 87-185.
(The Public Utilities Board recommended approval).
The following ordinance was considered:
NO. 88-122
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND BRAZOS ELECTRIC POWER COOPERATIVE FOR
THE PURCHASE OF ELECTRICAL FACILITIES AND EASEMENTS;
REPEALING ORDINANCE NO. 87-185; AND PROVIDING AN
EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that the
item had been acted on in October of 1987. At that time, the
agenda item price did not match the contract price. The actual
amount was more than what was approved at the previous
meeting. A special warranty deed was listed in the previous
contract which Brazos Electric Power Cooperative would not
provide. Instead they provided a partial release deed which
assured the City that there were no liens against 7.51 miles of
transmission line.
Ayer motion, McAdams second to adopt the ordinance. On roll
vote, McAdams 'aye,' Alexander 'aye," Gorton 'aye,' Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
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City of Denton City Council Minutes
July 19, 1988
Page 7
H. The Council considered adoption of an ordinance
accepting the conveyance of certain real property to the City
located at the northwest corner of the intersection of Lillian
Miller Parkway and FM 2181.
The following ordinance was considered:
NO. 88-123
AN ORDINANCE ACCEPTING THE CONVEYANCE OF CERTAIN REAL
PROPERTY TO THE CITY LOCATED AT THE NORTHWEST CORNER
OF THE INTERSECTION OF LILLIAN MILLER PARKWAY AND F.M.
2181 (ALSO CALLED TEASLEY LANE); AUTHORIZING THE
RELEASE OF CERTAIN LIENS IN EXCHANGE FOR SAID
CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that this was a tract
of land that the City had been negotiating for for a long
period of time. It was at the corner of Teasley Lane and
Lillian Miller Parkway and was a possible site for a new fire
station.
McAdams motion, Gorton second to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
I. The Council considered adoption of an ordinance
amending Chapter 14 (Offenses and Miscellaneous Provisions) of
the Code of Ordinances by the addition of a new Article III
hereto regulating the conduct of picketing in residential areas.
The following ordinance was considered:
NO. 88-124
AN ORDINANCE AMENDING CHAPTER 14 (OFFENSES AND
MISCELLANEOUS PROVISIONS) OF THE CODE OF ORDINANCES BY
THE ADDITION OF A NEW ARTICLE III HERETO REGULATING
THE CONDUCT OF PICKETING IN RESIDENTIAL AREAS;
PRESCRIBING A PENALTY IN THE MAXIMUM AMOUNT OF FIVE
HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE.
Debra Drayovitch, City Attorney, stated that this ordinance was
drafted at the request of several Council Members and was
drafted and patterned after a recent ordinance arising from a
city in Wisconsin that was considered and approved by the
United States Supreme Court on June 27, 1988. Much of the
wording was verbatim from that ordinance and additional
qualifications were added in accordance with the Court's
interpretation of that particular local statute.
City of Denton City Council Minutes
July 19, 1988
Page 8
Mayor Pro Tem Hopkins stated that she had been approached by an
individual requesting the opportunity to speak to the item.
With Council consensus, she would allow the individual to speak.
Mark Crutcher, representing the North Texas Right to Life
organization, stated that the organization favored the
ordinance but asked for a clarification regarding the
enforcement of the ordinance. Would it be enforced as the
Supreme Court recommended in that the picketing would not be
restricted to a residential neighborhood, only a specific
residence.
City Attorney Drayovitch stated that picketing would be
prohibited in or about or in front of one specific residence.
If a group wished to comply with other applicable City
ordinances governing traffic and parades, they could obtain the
necessary permits.
McAdams motion, Alexander second to ~adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion
carried unanimously.
J. 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 Dwight Anderson as next friend for Dana L. Anderson,
an incapacitated person and Shanda Michelle Anderson, a minor;
and providing for an effective date.
The following ordinance was considered:
NO. 88-125
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SETTLEMENT AND COMPROMISE AGREEMENT FOR PENDING
LITIGATION BETWEEN THE CITY OF DENTON AND DWIGHT
ANDERSON AS NEXT FRIEND FOR DANA L. ANDERSON, AN
INCAPACITATED PERSON AND SHANDA MICHELLE ANDERSON, A
MINOR; 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 Pro Tem Hopkins "aye." Motion
carried unanimously.
3. Resolutions
A. The Council considered approval of a resolution
setting a date, time and place for public hearings on the
proposed annexation of 20.8309 acres located at FM 2181 and Old
Alton Road. (A-56)
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City of Denton City Council Minutes
July 19, 1988
Page 9
The following resolution was considered:
RESOLUTION NO. R88-043
A RESOLUTION SETTING A DATE, TIME AND PLACE FOR PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND
DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC
HEARINGS.
Cecile Carson, Urban Planner, stated that the public hearing
dates would be August 2 and 16, 1988 and final annexation would
be set for October 18, 1988. A plat had been received for a
mobile home park although no further action had been taken by
the owners on the plat. There would be limited City costs
involved in the annexation and staff felt it would be in the
best interest of the City to proceed with the annexation.
Alexander motion, McAdams second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion
carried unanimously.
B. The Council considered approval of a resolution
eliminating the energy cost adjustment (Rate Schedule ECA) for
the months of August and September of 1988.
The following resolution was considered:
RESOLUTION NO. R88-044
A RESOLUTION ELIMINATING THE ENERGY COST ADJUSTMENT
(RATE SCHEDULE ECA) FOR THE MONTHS OF AUGUST AND
SEPTEMBER OF 1988; AND PROVIDING AN EFFECTIVE DATE.
Bob Nelson, Executive Director for Utilities, stated that the
resolution would eliminate the fuel cost adjustment for the
months of August and September. Gas prices were down from when
the rates were proposed. Adequate revenues were in place to
purchase fuel for those two months and staff was proposing
passing the savings on to the utility customers. The fuel cost
adjustment would be reinstated on October 1, 1988.
Council Member Ayer asked if any special message would be noted
on the customers utility bill.
Nelson replied that it could be included if Council so desired.
City of Denton City Council Minutes
July 19, 1988
Page 10
Boyd motion, Gorton second to approve the resolution. On roll
vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer "aye,"
Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion carried
unanimously.
C. The Council considered approval of a resolution
of the City Council of the City of Denton designating certain
City officials as being responsible for, acting for, and on
behalf of the City of Denton in dealing with the Texas Parks
and Wildlife Department for the purpose of participating in the
Land and Water Conservation Fund Act of 1965; and certifying
that the City of Denton was eligible to receive assistance
under such program. (The Park and Recreation Board recommended
approval).
The following resolution was considered:
RESOLUTION NO. R88-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING CERTAIN CITY OFFICIALS AS BEING
RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY
OF DENTON IN DEALING WITH THE TEXAS PARKS AND WILDLIFE
DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE
LAND AND WATER CONSERVATION FUND ACT OF 1965;
CERTIFYING THAT THE CITY OF DENTON IS ELIGIBLE TO
RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND PROVIDING
FOR AN EFFECTIVE DATE.
Steve Brinkman, Director of Parks and Recreation, stated that
this resolution would allow the Parks Department to apply for
funding from the State to assist the City in developing Evers
Park.
Gorton motion, McAdams second to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Pro Tem Hopkins "aye." Motion
carried unanimously.
D. The Council considered approval of a resolution
authorizing the Mayor to execute a security agreement on behalf
of MBank relating to the lease between the City and First
Financial Resources, Inc. (The Airport Advisory Board
recommended approval).
The following resolution was considered:
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City of Denton City Council Minutes
July 19, 1988
Page 11
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
SECURITY AGREEMENT ON BEHALF OF MBANK RELATING TO THE
LEASE BETWEEN THE CITY AND FIRST FINANCIAL RESOURCES,
INC.; AND PROVIDING FOR AN EFFECTIVE DATE.
Debra Drayovitch, City Attorney, stated that she had been in
contact with Tom Jester, attorney for MBank and First Financial
Resources, regarding the necessity for the City to approve such
a resolution. Mr. Jester had been informed that Council would
be considering the item and was given the opportunity to speak
before the Council if he so desired or respond by letter
stating the reasons why the agreement was necessary. Mr.
Jester was not in attendance at the meeting and had not
submitted any further written information regarding the issue.
Boyd motion, Gorton second to deny approval of the resolution.
On roll vote, McAdams "aye," Alexander "aye," Gorton "aye,"
Ayer "aye,' Boyd "aye,' and Mayor Pro Tem Hopkins "aye."
Motion to deny carried unanimously.
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following item:
A. Deputy City Manager Svehla stated that efforts
were under way to establish a 2499 not-for-profit corporation.
He stated that staff would like to place on the next agenda
approval of the corporation allowing the Mayor to sign those
documents. The Council would also be asked to name three board
members to the non-profit corporation.
5. The following official action was taken on Executive
Session items discussed during the Work Session:
Boyd motion, Gorton second to appoint the members to the
following Boards/Commissions:
Rosemary Rodriguez - Community Development Block Grant
Committee
Richard Hayes - Historic Landmark Commission
Jim Bezdek - Muman Resources Commission
Jeff Peploe - Plumbing and Mechanical Code Board
On roll vote, McAdams 'aye,' Alexander 'aye,' Gorton "aye,"
Ayer "aye," Boyd "aye,' and Mayor Pro Tem Hopkins "aye.'
Motion carried unanimously.
City of Denton City Council Minutes
July 19, 1988
Page 12
6. New Business
There were no items of New Business suggested by Council
Members for future agendas.
7. The Council did not convene into the Executive Session
following the Regular Session.
With no further business, the meeting was adjourned at 8:10 p.m.
JA~E HOPKINS, ~AYOR PRO TEM
CITY OF DENTON, TEXAS
TyyIFE~ WALTERS
S ~CRETARY
OF DENTON~ TEXAS
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