Minutes November 1, 1988CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 1, 1988
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Alexander, Ayer, Gorton and McAdams.
ABSENT:
Council Member Boyd
The Mayor recognized the attendance of the Leadership Denton
group at the meeting.
1. The Council received an update on the COG Economic
Study for the Denton Municipal Airport and the C.O. Debt
Retirement for the Denton Municipal Airport.
Rick Svehla, Deputy City Manager, reviewed the COG study
regarding counts at the airport and the time table involved
with the counts. He presented an update on the C.O. Issues and
Bonds stating that the southeast corner was almost completed,
the roof had been repaired on the terminal, a tractor/mower had
been purchased, and a drainage project had been completed.
Council Member Ayer stated that he felt that the numbers from
COG were not really helpful. The numbers needed to be divided
out from recreational planes versus commercial planes.
Council Member Boyd joined the meeting.
2. The Council held a discussion regarding the proposed
revisions to Article 17, Signs, of Appendix B, of the Code of
Ordinances.
Lloyd Harrell, City Manager, stated that this was a
recommendation from the Beautification Committee to take a
comprehensive look at the sign ordinance and made a
recommendation. The Planning and Zoning Commission had been
discussion the ordinance for the last several months.
Cecile Carson, Urban Planner, presented a perspective of what
was current, what was proposed and examples of such. She
stated that the main objective was to address the portable sign
issue and gave examples of problems with portable signs. The
Committee was recommending a total ban of new portable signs
with no additional signs allowed. Carson stated that staff was
recommending that the moratorium ordinance be extended until
the second meeting in January.
Council held a discussion regarding signs in residential areas,
abandoned signs, banners/flags and political signs.
3. The Council received a report from the Council's
legislative lobbying committee.
City of Denton City Council Minutes
November 1, 1988
Page 2
Council Member Gorton reviewed the thrust of the Committee and
the selection process for the candidates. He gave his personal
recommendation for the hiring of a particular candidate.
Mayor Stephens asked if the Council would like to interview the
top two candidates.
Consensus of the Council was to interview the top two
candidates at the next Council meeting.
4. The Council convened into Executive Session to discuss
legal matters (discussed County v. City and retention of
counsel and in re: Flow Hospital), real estate (considered
acquiring an easement for the Burning Tree Drainage Project),
and personnel and board appointments (considered nominations
for the Appraisal Review Board of the Denton Central Appraisal
District and continued the evaluations of the City Manager,
City Attorney and Municipal Judge.) No official action was
taken.
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, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
The Mayor presented the following proclamations:
A. Certificate of Appreciation to Clifford Delaporte
from the Denton Fire Department
B. National Pornographic Awareness Week
Item 4.A. was moved ahead in the agenda order.
Resolutions
A. The Council consider approval of a resolution
temporarily closing a portion of Hickory Street and Elm Street
on November 16, 1988.
Derv Hudgens, local Chairman of the Denton County Unit of the
American Cancer Society,.requested that the street be closed
for the Great American Smokeout. Remax Realty would be raising
a hot air balloon for .the event and it would be necessary to
clo~e the street in the area during the rai~ing and lowering of
the balloon.
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312
City of Denton
November 1, 198
Page 3
The following
A RES(
AND EL
EFFECT
McAdams motione
Mayor Pro Tem 5
on the Square
little parking
during the Dus
other areas an(
the event.
On roll vote,
Gorton "nay,"
"aye." Motion
ity Council Minutes
r solution was considered:
RESOLUTION NO. R88-065
LUTION TEMPORARILY CLOSING A PORTION OF HICKORY
M STREETS ON NOVEMBER 16, 1988; AND DECLARING AN
IVE DATE.
d, Alexander seconded to approve the resolution.
opkins did not like the idea of closing a street
that affected so many businesses. There was
in the area as it was and the closing would be
time of the day. She felt that there were
other days that might be more appropriate for
"aye," Hopkins "nay,"
and Mayor Stephens
{cAdams "aye," Alexander
Ayer "aye," Boyd "aye,"
~arried with a 5-2 vote.
PuDlic Hearings
A. T~e Council held a discussion
adoption of an
and approving
Management Cot
and Colorado B,
and was the
approved, the
and considered
ordinance amending a planned development (PD-28)
detailed plan. Petitioner was Henry S. Miller
oration. The property was located between 1-35
)ulevard on the southeasterly side of Loop 288
~urrent location of Denton Town Center. If
amendment would permit the redesign of the
parking lot aid establish a parking space ratio for the
center. Z-88-1 15. (Planning and Zoning Commission recommended
approval with c.)nditions).
The Mayor opene
Mark Smith, He
favor. He stat
retail· As
restaurants, of
current code,
spaces and the
lea~e a por~ior
last minute to
met with staff
use parking re,
overlap usage w,
No one spoke in
the public hearing.
ry S. Miller Management Corporation, spoke in
ed that the parking ratios were geared for 100%
the project was leased, there were some
fice space, medical and retail. According the
the project was about to run out of parking
Management Corporation would not be allowed to
~ of ~h~ building. Rather than wait until the
address the proolem, the Management Corporation
to work out a solution to the problem. A mixed
tuirement for the Center that would allow for
)uld work for the area.
opposition.
City of Denton City Council Minutes
November 1, 1988
Page 4
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that the planned
development had been approved in 1982. The original structure
was for retail use only. The property was in a high intensity
area and a number of commercial/office/ retail land uses were
encouraged in the area. During the issuance of certificates of
occupancy and beer and wine permits in the area, staff realized
that there was a problem in the parking allocation for the
Center based on the current standards. The priorities were to
improve the traffic flow in the area and to provide adequate
parking. Islands would be redesigned or repositioned to
improve traffic flow and provide adequate parking.
Council Member Boyd asked if there would be additional parking
spaces.
Carson replied that there would be 20 additional parking spaces.
Boyd asked what was required under the current standards.
Carson stated that based on the percentage of land use proposed
which was predominately retail with some office, restaurant and
medical/office, 483 parking spaces would be required.
Additional spaces would require a reduction of the landscape
area and the differences in hours of operation of the various
businesses would allow the mixed use parking spaces.
The following ordinance was considered:
No. 88-178
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 4.96
ACRES OF LAND LOCATED ON THE SOUTH AND EAST SIDE OF
LOOP 288, BETWEEN COLORADO BOULEVARD AND INTERSTATE
HIGHWAY 35, AS MORE PARTICULARLY DESCRIBED HEREIN, AND
BEING A PORTION OF THAT PLANNED DEVELOPMENT DISTRICT
(PD-28) AS ESTABLISHED BY ORDINANCE NO. 82-13;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
313
City of Denton
November 1, 198
Page 5
2. Conser
McAdams motior
Agenda as press
A.
City Council Minutes
8
t Agenda
ed, Hopkins seconded to approve the Consent
nted. Motion carried unanimously.
ids and Purchase Orders:
Bid 99901 - Tree trimming for miscellaneous
electric lines
Bid 99899 - Loop 288 Sanitary Sewer Crossing
- Stuart Road (The Public Utilities Board
recommends approval)
R. Q. ~107012 - Motorola Communications -
$107.335.30 - MoDile radios
R.Q. 9108108 - Bound To Stay Bound Books,
Inc. - $11,200.19 - Bind books for Outreach
Project.
P.O. ~8057 - Booth and Newson - 914,393.28 -
legal services - Lewisville Hydroelectric.
B. .x Refunds
Consider approval of a tax refund for John
Neuberger/Waterfield Mortgage Co.
Consider approval of a tax refund for
Jefferson Federal Savings & Loan/First
Gibraltar Mortgage Corp.
Consider approval of a tax refund for
Jefferson Federal Savings & Loan/First
Gibraltar Mortgage Corp.
Ordin. ces
A. The Council considered adoption of an ordinance
for the award of
AN OR£INANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING
FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR
IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFgRE; AND PROVIDING FOR AN EFFECTIVE DATE.
accepting competitive Dids and providing
contracts for public works or improvements.
The following ordinance was considered:
No. 88-179
City of Denton City Council Minutes
November 1, 1988
Page 6
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
B. 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:
No. 88-180
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 motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C. The Council considered adoption of an ordinance
amending Section 24-99 (a) of Chapter 24 of the Code of
Ordinances to provide for a maximum speed limit for public
alleys; and providing for a penalty of not less than $1.00 and
not more than $200.00 for violations thereof. (The Citizens
Traffic Safety Support Commission recommended approval)
The following ordinance was considered:
No. 88-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 24-99 (a) OF CHAPTER 24 OF THE CODE OF
ORDINANCES TO PROVIDE FOR A MAXIMUM SPEED LIMIT FOR
PUBLIC ALLEYS; PROVIDING FOR A PENALTY OF NOT LESS
THAN $1.00 AND NOT MORE THAN $200.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
315
316
City of Denton 2ity Council Minutes
November 1, 198
Page 7
D. T .e Council considered adoption of an ordinance
amending Chapter 5 1/2 (Cable Television) of the Code of
Ordinances of ';he City. (The Cable Television Advisory Board
recommended approval)
The following ordinance was considered:
No. 88-182
AN ORI~INANCE OF THE CITY COUNCIL AMENDING CHAPTER 5
1/2 ((IABLE TELEVISION) OF THE CODE OF ORDINANCES OF
THE CiiTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR A PENALTY NOT TO EXCEED ~200.00 DOLLARS;
AND DE2LARING AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to adopt the ordinance. On
roll vote, Mc~dams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
E. The Council considered adoption of an ordinance
granting a flanchise to Sammons Communications, Inc._ to
construct, reconstruct, operate and maintain a cable television
system in the City of Denton and setting forth conditions
accompanying t e grant of the franchise. (The Cable Television
Advisory Board ~ecommended approval) (First reading)
The following ~dinance was considered:
AN OR)INANCE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS
COMMUNICATIONS~ INC., TO CONSTRUCT, RECONSTRUCT,
OPERAT~ AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE
CITY ~F DENTON~ TEXAS AND SETTING FORTH .CONDITIONS
ACCOMPANYING THE GRANTING OF THIS FRANCHISE, PROVIDING
FOR WO A ZO OR ZO S OF
ORDINANCE,-- ' PROVIDING FOR A SAVINGS CLAUSE,~' PROVIDING
FOR TH
AND RE
Alexander moti¢
On roll vo~e,
Gorton "ayes"
"aye." Motion
E EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES
SOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
.ned, McAdams seconded to adopt the ordinance.
McAdams "aye," Alexander #aye," Hopkins "aye,"
Ayer "aye," Boyd 'aye," and Mayor Stephens
carried unanimously.
City of Denton City Council Minutes
NovemDer 1, 1988
Page 8
4. Resolutions
A. Item was considered earlier in the meeting.
B. The Council considered approval of a resolution
setting forth principles of agreement regarding utilization of
Lake Lewisville for receiving, storage and transportation of
raw water from Cooper Reservoir.
The following resolution was considered:
Resolution No. R88-066
A- RESOLUTION SETTING FORTH PRINCIPLES OF AGREEMENT
REGARDING UTILIZATION OF LAKE LEWISVILLE FOR
RECEIVING, STORAGE AND TRANSPORTATION OF RAW WATER
FROM COOPER RESERVIOUR AND DECLARING AN EFFECTIVE DATE.
Ayer motioned, McAdams seconded to approve the resolution. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
C. The. Council considered approval of a resolution
approving the necessity of condemnation of a drainage easement.
This item was held until later in the meeting.
5. The Council considered the appointment of three
representatives to the 2499 Board.
Council Member Alexander stated that he had
Cott, Bill Utter, Sr. and they were willing
Board.
contacted Jerry
to serve on the
Council Member Gorton stated that he had contacted Ann Houston
and she was willing to serve on the Board and had no conflict
of interest as far as any real estate holding.
Alexander motioned, Gorton seconded to appoint Jerry Cott, Bill
Utter, Sr. and Ann Houston to representatives to the 2499
Board. On roll vote, McAdams "aye," Alexander "aye," Hopkins
"aye," Gorton "aye," Ayer "aye," Boyd "aye,~ and Mayor Stephens
"aye." Motion carried unanimously.
Miscellaneous matters from the City Manager.
A. Harrell stated that today was the 20th year
anniversary for Joella Orr, Library Director, with the City of
Denton.
317
318
City of Denton
November 1, 19
Page 9
15th of Novembe
There
Session items
appointments.
8. No n(
Members for fur
9. The C(
discuss legal
of counsel and
acquiring an
and personnel
for the Apprai~
City Council Minutes
~ere would be a regular Council meeting on the
r with a work session on the 22nd of November.
was no official action taken on Executive
f legal matters, real estate, personnel or board
items of business were suggested by Council
~re agendas.
.uncil reconvened into the Executive Session to
~atters (discussed County v. City and retention
in re: Flow Hospital), real estate (considered
lsement for the Burning Tree Drainage Project),
and board appointments (considered nominations
al Review Board of the Denton Central Appraisal
District and continued the evaluations of the City Manager,
City Attorney amd Municipal Judge.)
The Council reconvened into open session and took the following
action:
The following
A RES
PROPER
OF T
PARTIC
DRAINA
EFFECT
Boyd motioned,
On roll vote,
Gorton 'aye,'
"aye." Motion
With no furthe]
p.m.
r.=solution was considered:
Resolution No. R88-067
3LUTION AUTHORIZING THE CONDEMNATION OF REAL
fY LOCATED WITHIN LOTS 1, 2, 3, AND 4, BLOCK P,
{E NORTHWOOD ADDITION, NO. 7A, AS MORE
JLARLY DESCRIBED HEREIN, TO PROVIDE FOR CERTAIN
]E AND UTILITY IMPROVEMENTS; AND DECLARING AN
[VE DATE.
Alexander seconded to approve the resolution.
McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer 'aye,' Boyd "aye," and Mayor Stephens
:arried unanimously.
business, the meeting was adjourned at 10:11
Y SECRETARY !
CITY OF DENTON, TEXAS
3004C