Minutes November 15, 1988CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 15, 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, Boyd, Gorton and McAdams.
ABSENT: None
Item 2. was moved ahead in the agenda order.
2. The Council
Legislative lobbyists.
discussed and considered
potential
Council Member Gorton reviewed the selection process that the
committee had for the top two candidates. He stated that those
candidates were on hand for an interview.
The Council interviewed Charlie Evans and
presented career and personal background
fielded a number of questions from the
strategies for dealing with the Legislature.
Tom Forbes. Each
information and
Council regarding
1. The Council did not meet in Executive Session 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, Ayer, Boyd, Gorton and McAdams.
ABSENT: None
The Mayor presented the following proclamations:
Hunger Week
National Family Week
The Mayor recognized students participating the in Youth in
Government Day.
1. The Council considered approval of the minutes of the
regular meeting of October 4, 1988, the special call meeting of
October 11, 1988 and the regular meeting of October 18, 1988.
Mayor Pro Tem Hopkins noted a misspelling of a name in the
minutes and asked for a correction.
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Hopkins motioned, McAdams seconded to approve the minutes with
the correction noted. Motion carried unanimously.
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City of Denton City Council Minutes
November 15, 1988
Page 2
2. The Council received a presentation by Ms. Dora Garcia
regarding the need for more Spanish speaking employees in the
Fire and Police Departments.
Ms. Garcia presented the Council with a petition requesting
that the City of Denton employ Spanish-speaking employees at
the emergency departments. She had talked with Chief Cook,
Fire Chief, who stated that the Fire Department did have
Spanish-speaking employees but that they were not always
available at the emergency phone. She had also spoke with
Chief Jez, Chief of Police, who stated that there were at least
4 police officers and 2 dispatchers who spoke Spanish but that
they were not always available for translation. Garcia relayed
an incident where an individual was injured and in need of an
ambulance and was not able to communicate with the dispatcher.
She stated that she was concerned for those people who could
not speak English and might need emergency help.
Chief Jez stated that both he and Chief Cook had had several
conversations with Ms. Garcia followed by meetings with the
City Manager and Deputy City Manager. They had also met with
Frank Davila and came up with a number of ideas on how to
address the problem. Some of those ideas included increased
training, organizing volunteer support throughout the community.
Chief Cook stated that Ms. Garcia's concern was well founded
and that the scope of the problem was larger than just
obtaining information over the phone because in a medical
emergency more information was involved.
Consent Agenda
McAdams motioned, Alexander seconded to approve the Consent
Agenda as presented. Motion carried unanimously.
R. Q. #107044 - Motorola Communications -
communications equipment
R. Q. #107041 - Motorola Communications -
communications equipment
R. Q. #107042 - Motorola Communications -
communications equipment
R. Q. #107043 Motorola Communications -
communications equipment
S. Lone Star Gas -gas line relocation
City of Denton City Council Minutes
November 15, 1988
Page 3
4. Ordinances
A. The Council considered adoption of an ordinance
providing for the expenditure of funds for 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. 88-183
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR 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, Hopkins 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
authorizing the Director of Public Works to execute a cash
deposit gas piping contract with Lone Star Gas Company.
The following ordinance was considered:
NO. 88-184
AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO EXECUTE A CASH DEPOSIT GAS PIPING CONTRACT WITH
LONE STAR GAS COMPANY; AND PROVIDING FOR AN EFFECTIVE
DATE.
McAdams motioned, Hopkins 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
annexing 135 acres located south of Mills Road, east of Mayhill
Road, and north of McKinney Street adjacent to existing city
limits. (A-55) (The Planning and Zoning Commission recommended
approval.)
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City of Denton City Council Minutes
November 15, 1988
Page 4
The following ordinance was considered:
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND
ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT
LOT, TRACT OR PARCEL OF LAND CONSISTING OF
APPROXIMATELY 135.0 ACRES OF LAND LYING AND BEING
SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND
BEING PART OF THE M. FORREST SURVEY, ABSTRACT NO. 417,
DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS
AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motioned, Alexander seconded to postpone final action
to a date certain of January 3, 1989. On roll vote, McAdams
"aye," Alexander "aye," Hopkins "aye," Gorton "nay," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
with a 6-1 vote.
D. The Council considered adoption of an ordinance
amending the fees applicable to certain requests for zoning
amendments; and providing for an effective date. (The Planning
and Zoning Commission recommended approval.)
The following ordinanCe was considered:
NO. 88-185
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
THE FEES APPLICABLE TO CERTAIN REQUESTS FOR ZONING
AMENDMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Elizabeth Evans, Planning Administrator, stated that this
ordinance would change the current fee structure for a zoning
case to allow a lesser fee or no fee depending on the size of
the parcel or owners involved for cases changing from a less
restrictive zoning district to a more restrictive district.
Alexander motioned, Hopkins 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.
E. The Council considered adoption of an ordinance
abandoning and vacating a certain drainage and communications
easement within the Ridge of Southridge Subdivision; reserving
a portion thereof for a communications easement; and declaring
an effective date. (The Planning and Zoning Commission
recommended approval.)
City of Denton City Council Minutes
November 15, 1988
Page 5
Elizabeth Evans, Planning Administrator, stated that this was a
request by Dr. Vera Gershner. The original plat had an error
indicating a 16' drainage and communication easement which
should have been an 8' communication easement. The ordinance
would abandon the 16' drainage and communication easement and
establish an 8' communication easement.
The following ordinance was considered:
NO. 88-186
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING
AND VACATING A CERTAIN DRAINAGE AND COMMUNICATIONS
EASEMENT WITHIN THE RIDGE OF SOUTHRIDGE SUBDIVISION;
RESERVING A PORTION THEREOF FOR A COMMUNICATIONS
EASEMENT; AND DECLARING AN EFFECTIVE DATE.
Hopkins 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.
F. The Council considered adoption of an ordinance
of the City of Denton, Texas prohibiting the erection,
construction, or placement of, all off-premise portable signs,
more than one on-premise portable sign on any one premise, all
ground signs over 150 square feet in size or over 30 feet in
height, and all ground signs within 500 feet of another ground
sign on the same premise; providing for a penalty in the
maximum amount of $2,000.00 for violations thereof; providing
for this ordinance to be in effect until and including February
21, 1989; and providing for an effective date.
The following ordinance was considered:
NO. 88-187
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR AN EXTENSION OF A MORATORIUM ON THE ERECTION,
CONSTRUCTION, OR PLACEMENT OF THE FOLLOWING SIGNS:
OFF-PREMISE PORTABLE SIGNS, MORE THAN ONE ON-PREMISE
PORTABLE SIGN ON ANY ONE PREMISE, ALL GROUND SIGNS
OVER 150 SQUARE FEET IN SIZE OR OVER 30 FEET IN
HEIGHT, AND ALL GROUND SIGNS WITHIN 500 FEET OF
ANOTHER GROUND SIGN ON THE SAME PREMISE; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF ~2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR THIS ORDINANCE TO BE
IN EFFECT UNTIL AND INCLUDING FEBRUARY 21, 1989; AND
PROVIDING POR AN EPPECTIVE DATE.
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City of Denton City Council Minutes
November 15, 1988
Page 6
Alexander motioned, Hopkins seconded to adopt the ordinance.
" Alexander "aye," Hopkins "aye,
On roll vote, McAdams "aye, "
" Boyd "aye," and Mayor Stephens
" Ayer "aye,
Gorton "aye,
"aye." Motion carried unanimously.
G. The Council considered adoption of an ordinance
designating and establishing speed zones for east and west
bound traffic on Newton Street from its intersection with
Wilson Street to its intersection with Morse Street; for north
and south bound traffic on Wilson Street from its intersection
with Newton Street and continuing north for a total distance of
442 feet; providing for a penalty of a fine not to exceed two
hundred dollars; and providing a severability clause. (The
Citizens Traffic Safety Support Commission recommended
approval.)
Lloyd Harrell, City Manager, stated that this ordinance would
extend the 20 mph speed limit zone around the Martin Luther
King, Jr. Recreation Center.
The following ordinance was considered:
NO. 88-188
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES
FOR EAST AND WEST BOUND TRAFFIC ON NEWTON STREET FROM
ITS INTERSECTION WITH WILSON STREET TO ITS
INTERSECTION WITH MORSE STREET; FOR NORTH AND SOUTH
BOUND TRAFFIC ON WILSON STREET FROM ITS INTERSECTION
WITH NEWTON STREET AND CONTINUING NORTH FOR A TOTAL
DISTANCE OF 442 FEET; PROVIDING FOR A PENALTY OF A
FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
Boyd 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.
H. The Council considered adoption of an ordinance
granting a franchise to Sammons Communications, Inc. to
construct, reconstruct, operate and maintain a cable television
system in the City of Denton and setting forth conditions
accompanying the grant of the franchise. (The Cable Television
Advisory Board recommended approval.) (Second reading)
The following ordinance was considered:
City of Denton City Council Minutes
November 15, 1988
Page 7
ORDINANCE NO. 88-189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, GRANTING A FRANCHISE TO SAMMONS
COMMUNICATIONS, INC., TO CONSTRUCT, RECONSTRUCT,
OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE
CITY OF DENTON, TEXAS AND SETTING FORTH CONDITIONS
ACCOMPANYING THE GRANTING OF THIS FRANCHISE; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF PORTIONS OF THIS
ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES
AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned, Boyd 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.
5. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to sign and submit an amendment to
the Final Statement Of Objectives And Projected Use Of Funds
submitted in June, 1988 to the Department of Housing and Urban
Development with appropriate verifications, as authorized and
required by the Housing and Community Development Act of 1974,
as amended.
The following resolution was considered:
RESOLUTION NO. R88-068
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING
THE CITY MANAGER TO SIGN AND SUBMIT AN AMENDMENT TO
THE FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF
FUNDS SUBMITTED IN JUNE, 1988 TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE
VERIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS
AMENDED; AND DECLARING AN EFFECTIVE DATE.
Barbara Ross, Community Development Coordinator, stated that
this was a transfer of funds from the 1987 and 1988 Housing
Rehabilitation and Martin Luther King, Jr. Recreation Center
equipment purchase program. Initially the equipment purchases
categorized under "public facilities and improvements" but were
to be listed under "public servicer.
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City of Denton City Council Minutes'
November 15, 1988
Page 8
McAdams motioned, Boyd 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.
B. The Council considered approval of a resolution
authorizing the Mayor to execute a restated lease agreement
between the City and AirDenton, Inc.; approving an agreement
between AirDenton, Inc. and Dobransky Enterprises, Inc. and
providing an effective date.
Debra Drayovitch, City Attorney, stated that the agreement
restated the agreement executed by the Council and deleted all
references to Maverick Aircraft and substitutes the new
corporation of AirDenton, Inc.
RESOLUTION NO. R88-069
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
RESTATED LEASE AGREEMENT BETWEEN THE CITY AND
AIRDENTON, INC.; APPROVING AN AGREEMENT BETWEEN
AIRDENTON, INC. AND DOBRANSKY ENTERPRISES, INC. AND
PROVIDING AN EFFECTIVE DATE.
Hopkins 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
authorizing the Mayor to execute an agreement between the City
of Denton and the Denton Independent School District for the
development 6f a park located on Teasley Lane.
The following resolution was considered:
RESOLUTION NO. R88-070
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
INDEPENDENT SCHOOL DISTRICT FOR THE DEVELOPMENT OF A
PARK LOCATED ON TEASLEY LANE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Ayer motioned, Hopkins 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.
City of Denton City Council Minutes
November 15, 1988
Page 9
Session.
D. The Council considered approval of a resolution
of appreciation for William "King" Cole.
The following resolution was considered:
RESOLUTION NO. R88-071
A RESOLUTION IN APPRECIATION OF WILLIAM "KING" COLE.
Mayor Stephens requested space be made on the resolution for
all of the Council Member to sign.
Hopkins motioned, Alexander 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.
6. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. John McGrane, Executive Director for Finance,
presented Council with final copies of the
1988-89 budget.
B. Reminders
1. Formal lighting of the Christmas lights for
the Square would be November 21, 6:00 p.m.
2. Notification had been received from NCTCOG
for a legislative dinner, December 8.
3. A Work Session had been scheduled for
November 22, 1988.
There was no Executive Session held during the Work
8. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Gorton
report with representatives from
invited to contribute to the report.
requested a 911 progress
the 911 Committee being
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City of Denton City Council Minutes
November lS, 1988
Page 10
9. The Council convened into the Executive Session to
discuss legal matters (County v. City and in re: Flow Medical
Center), real estate, personnel and board appointments.
The Council reconvened into open session and took up discussion
of Item #2. of the Work Session - discussion and consideration
of potential Legislative lobbyists.
Gorton motioned, Ayer seconded to direct the Mayor and City
Manager to call Tom Forbes and ask him to submit a proposal
with Bracewell and Patterson being the lead firm and utilizing
the services of Charlie Evans, together with a fee arrangement
over 2 years. Motion passed unanimously.
With no further business, the meeting was adjourned at 9:47 p.m.
J~E~INIF]~ I~ALTERS - -
C~TY SECRETARY
CITY OF DENTON, TEXAS
3011C