Minutes October 03,1989CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 3, 1989
The Council convened into the Work Session at 5:30 p.m. in the
Civil Defense Room.
PRESENT: Mayor Stephens: Mayor Pro Tem Ayer: Council
Members Alexander, Boyd, Gorton, Hopkins and
McAdams.
ABSENT: None
201
1. The Council received a report on Coopers & Lybrand's
Management Study and Actuarial Audit of the City's Employee
Health Insurance Program and the preliminary recommendation on
the Employee Health Insurance Program.
Council Member Gorton left the meeting with a potential
conflict of interest. An affidavit of abstention was on file
with the City Secretary.
Tom Klinck, Director of Personnel, reviewed the background
involved in the process of study for the health insurance fund,
including employee input, alternatives developed and the
analysis of those alternatives. The alternatives developed
were a three tiered City plan and a two tiered Sanus/New York
Life plan.
Dave Palatiere, Coopers & Lybrand, reviewed the process
involved in analyzing the two alternatives.
Klinck stated that staff was recommending the Sanus/New York
Life plan with the endorsement of the Employee Insurance
Committee, a ma)ority of the City employees, the Executive
Staff, and Coopers & Lybrand. He then reviewed the plan design
and the rate structure for the two Sanus plans.
Mayor Pro Tem Ayer asked what kind of a guarantee the City had
that the HMO would stay in business.
Klinck replied that there was no guarantee but that staff would
have to keep on top of the situation.
2. The Council held a discussion of proposed wastewater
treatment rates.
Council Member Gorton returned to the meeting.
Bob Nelson, Executive Director for Utilities, stated that this
item had been considered at the Council meeting two weeks ago
and that there had been some concern from the Restaurant
Association regarding the new rates. A meeting had since been
2O2
City of Denton City Council Minutes
October 3, 1989
Page 2
held with the Restaurant Association with a discussion of how
the rate schedule was developed. After that meeting, the
Public Utilities Board reviewed and accepted the staff
recommendation that the rate increase be phased in over a three
year period rather than a two year period. The item was on the
formal agenda for later consideration.
3. The Council held a discussion concerning the telephone
study interim report.
Lloyd Harrell, City Manager, stated that the study attempted to
determine the feasibility to purchase and install a new phone
system for about the same amount of money as the City was now
spending. Preliminary finding of the study indicated that it
was possible and bids had been taken for the system.
Gary Collins, Director for Data Processing, stated that formal
proposals had been received from General Telephone, Southwest
Bell, AT&T, and Rolm. Indications were a price of
$600,000-$650,000 for the new service with a 6-8 year payback.
City of Denton Utility Department personnel could be used to
install the fiber optic system.
4. The Council held a discussion on suggested schedule
for budget review for summer 1990.
Mayor Stephens asked for suggestions for schedule dates for the
next year's budget.
Council Members discussed how to set up the budget schedule for
next year with suggestions on how to improve the sessions and
discussions with staff. Tentative discussion dates were set
for the second, third and fourth Tuesdays in September 1990.
5. Council held a discussion of the Lone Star Gas
Contracts.
Bob Nelson, Executive Director for Utilities, stated that the
contracts were still being formalized and that they had been
withdrawn from the formal agenda. He presented an overview of
the contracts.
6. The=e was no Executive Session held during the wor~
Session.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
City of Denton City Council Minutes
October 3, 1989
Page 3
PRESENT:
Mayor Stephens: Mayor Pro Tem
Members Alexander, Boyd, Gorton,
McAdams.
Ayer; Council
Hopkins and
ABSENT: None
Mayor Stephens presented the following proclamations:
ae
B.
C.
D.
E.
National Business Women's Week
Computer Learning Month
Clean Denton Month
Public Power Week and Energy Awareness Month
National Fire Prevention Week and National Fire
Prevention Month
Council Member Gorton left the meeting.
1. The Council viewed the Denton economic development
film produced by GTE.
Mel Willis, Acting Director-GTE, stated that the film was not
just a product of GTE but that many people had contributed to
the final product. He presented a copy of the film to the City
and stated that additional copies were available to those
desiring a copy.
2. The Council held a public hearing and considered
adoption of an ordinance providing for a change in zoning
classification from single-family 7 to planned development and
approval of a detailed plan for 1.054 acres located at the
northwest corner of Welch and Fannin Streets. (The Planning
and Zoning Commission recommended approval). Z-89- 011
The Mayor opened the public hearing.
Robert Cunninqham, representing Chi Omega, stated that the
petitioner desired to build a sorority house on the property.
His firm had done 'many of that type of building and felt that
the property's size and location was ideal for a sorority
house. He had worked closely with the City staff to develope
the plan that was submitted and also with the University of
North Texas and had presented the plan to the Planning and
Zoning Commission. He had support of all three of those groups
and had also sent letters to the neighbors requesting input
dealing with any concerns they might have. A concern had been
expressed regarding parking and based on his firm's experience,
there was more than adequate parking for the development.
203
204
City of Denton City Council Minutes
October 3, 1989
Page 4
Jane Moynagh, President of the House Corporation-Board of
Directors-Chi Omega, presented background information of the
Chi Omega' Sorority. Concerns expressed by staff included
increased traffic in the area and compatibility with the
neighborhood. As the house would be close to the University,
the residents would be able to walk to classes and not increase
traffic in the area. The structure would be a residential-like
structure that would enhance the area and add to the value of
the property.
Eddie Lane, speaking for Jewell Nichols-a property owner in the
area, stated that Ms. Nichols had the following concerns: (1)
the back part of her property would be zoned for a sorority
house and the front part of her property was being used as a
right-turn lane, (2) the sorority house would be zoned planned
development and all of the other property was single family,
(3) there would not be adequate parking for the sorority, (4)
there were no guidelines for sororities by either the City or
the University.
The petitioner was granted a five minute rebuttal.
Ms. Moynagh stated that Ms. Nichols property did not directly
ad)oin the proposed property, there were differences between a
sorority house and a fraternity house and the sorority house
had national standards to uphold, and adequate parking was
being provided for.
The Mayor closed the public hearing.
Owen Yost, Urban Planner, stated that this was a request for
change in zoning from $F-7 to Planned Development. The site
was located on the corner of Fannin and Welch Street. He
stated that a new index, the Landscape Volume Index, would be
in effect for this developement which dealt with the amount of
tree's saved and the development was well within adequate
limits. According to the Denton Development Plan the
development would be compatible with the neighborhood. Parking
would be located behind the structure and the lot would not be
seen. The development did not conflict with any master plan of
the University of North Texas.
The following ordinance was considered:
City of Denton City Council Minutes
October 3, 1989
Page 5
NO. 89-134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION FOR
1.054 ACRES OF LAND LOCATED ON THE NORTHWEST CORNER OF
WELCH AND FANNIN STREETS, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR THE APPROVAL OF A
DETAILED PLAN FOR THE DISTRICT; 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," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council held a public hearing on the petition
of Metroplex Engineering requesting a variance of Article III,
4.04, Q, sidewalks to the Denton Subdivision and Land
Development Regulations for the Endres Addition. (The Planning
and Zoning Commission recommended a partial variance.) V-48
The Mayor opened the public hearing.
Bud Hauptman, Metroplex Engineering, stated that Miller Brewing
Corporation desired to expand its warehouse and office
facilities. A variance was being requested due to the unique
conditions of the property, that being the severe topography of
the area. The Planning and Zoning Commission had recommended a
partial variance on the sloped area of the property.
Clyde Fisher, Miller Brewing Corporation, stated that the
sidewalk would really be one to no where as there would be no
other sidewalks in the area. He was also concerned about the
safety in the area.
No one spoke in opposition.
The Mayor closed the public hearing.
Owen Yost, Urban Planner, showed slides of the area where the
proposed sidewalk would be built. He reviewed the requirements
for a variance which this request met and stated that the
Planning and Zoning Commission had recommended a partial
variance.
Alexander motioned, Hopkins seconded to approve the request as
recommended by the Planning and Zoning Commission. On roll
vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
2O5
206
City of Denton City Council Minutes
October 3, 1989
Page 6
3. The Council considered recommending approval of the
preliminary replat of the Endres Addition, Lots 2, Block 1 into
Lot IR, Block 1. (The Planning and Zoning Commission
recommended approval.)
Hopkins motioned, McAdams seconded to approve the replat. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
4. The Council received a citizen report from Joe Dodd
concerning Cable Subscriber Bill of Rights.
Mr. Dodd presented a proposed resolution to the Council in
support of federal legislation returning local control for the
regulation of cable t.v.
Mayor Stephens thanked Mr. Dodd for the information and asked
if he had presented it to the Cable T.V. Advisory Board.
Mr. Dodd stated that the Board had not met recently·
Mayor Stephens stated that the Board would meet soon and would
review the proposed resolution for possible Council
consideration.
Consent Agenda
Ayer motioned, Hopkins seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1007 - Malone Street Drainage
2. Bid #1011 - Denia Park
B. Plats and Replats
Consider approval of the preliminary replat
of the Wattam Addition, Lots 7 and 8, Block
z into Lot 7R, Block 2. (Planning & Zoning
recommended approval.)
City of Denton City Council Minutes
October 3, 1989
Page 7
6. Ordinances
A. 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. 89-135
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 motioned, Boyd seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
B. The Council considered adoption of an ordinance
amending the Schedule of Rates for Sewer Service. (The Public
Utilities Board recommended approval.)
Mayor Stephens granted a citizen request to speak before the
Council.
Fred Hill, Lone Star Car Wash, asked if there were provisions
in the ordinance to apply for exception to the rate if the
discharge was within pollution limits and thus be able to be
charged the straight commercial rate.
Lloyd Harrell, city Manager, s.tated that there was a provision
in the ordinance that allowed individuals to apply for an
exception which required a testing of the discharge and if
within normal limits, would be charged at the straight
commercial rate.
The following ordinance was considered:
NO. 89-136
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SEWER
SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
207
208
City of Denton City Council Minutes
October 3, 1989
Page 8
Ordinances C, D, E, and F were pulled by staff.
G. The Council considered adoption of an ordinance
authorizing publication of Notice of Intention to issue
Certificates of Obligation of the City of Denton, Texas.
John McGrane, Executive Director for Finance, stated that this
would be a combined issue with the recently passed revenue bond
sale in order to cut some costs in the issuance cost. The
Certificates would be for three projects, the GIS System, the
new phone system, and renovation to the municipal garage.
The following ordinance was considered:
NO. 89-137
AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE
CITY OF DENTON, TEXAS.
McAdams motioned, Alexander seconded to adopt the ordinance.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
H. The Council considered adoption of an ordinance
of the City of Denton, Texas, approving a compromise settlement
and release of all claims for pending litigation between the
City of Denton and Matthew Struble and Rosemary Struble.
The following ordinance was considered:
NO. 89-138
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS FOR
PENDING LITIGATION BETWEEN THE CITY OF DENTON AND
MATTHEW STRUBLE AND ROSEMARY STRUBLE; AND DECLARING AN
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye,.. Boyd "aye," and Mayor stephens "aye." Motion carried
unanimously.
I. The Council considered adoption of an ordinance
establishing classified positions in the Fire Department of the
City of Denton, Texas and providing for the number of persons
authorized for each classi£ied pogition.
City of Denton City Council Minutes
October 3, 1989
Page 9
209
Lloyd Harrell, City Manager, stated that each year after the
adoption o~ the budget, Council was required by State law to
formally authorize by ordinance, the number and classification
of positions in the police and fire departments.
The following ordinance was considered:
ORDINANCE NO. 89-139
AN ORDINANCE ESTABLISHING CLASSIFIED POSITIONS IN THE
FIRE DEPARTMENT OF THE CITY OF DENTON, TEXAS:
PROVIDING FOR THE NUMBER OF PERSONS AUTHORIZED FOR
EACH CLASSIFIED POSITION: REPEALING ALL ORDINANCES
AND RESOLUTIONS IN CONFLICT HEREWITH; AND DECLARING AN
EFFECTIVE DATE.
McAdams motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
J. The Council considered adoption of an ordinance
establishing classified positions in the Police Department of
the City of Denton, Texas and providing for the number of
persons authorized for each classified position.
Lloyd Harrell, City Manager, stated that this ordinance was
similar to the one for the Fire Department.
The following ordinance was considered:
NO. 89-140
AN ORDINANCE PROVIDING FOR THE NUMBER OF PERSONS
AUTHORIZED TO BE EMPLOYED IN EACH CLASSIFIED POSITION
IN THE POLICE DEPARTMENT FOR THE CITY OF DENTON,
TEXAS: REPEALING ALL ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE.
Boyd motioned, Ayer seconded to adopt the ordinance. On roll
vote, McAdams "aye," Alexander "aye." Hopkins "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute certain Airport leases
for pad site~ and T-hanger at the Denton Municipal Airport
under certain circumstances.
210
City o[ Denton City Council Minutes
October 3, 1989
Page 10
Rick Svehla, Deputy City Manager, stated that this resolution
would allow the City Manager to sign small leases in the
southern part o~ the Airport that was developed for T- hangers.
The following resolution was considered:
RESOLUTION NO. R89-069
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CERTAIN AIRPORT LEASES FOR PAD SITES FOR T-HANGARS AT
THE DENTON MUNICIPAL AIRPORT UNDER CERTAIN
CIRCUMSTANCES; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, McAdams seconded to approve the resolution.
On roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Ayer "aye," Boyd "aye," and Mayor Stephens "aye." Motion
carried unanimously.
B. The Council considered approval of a resolution
in support of Proposition No. 8 for funding construction of new
correctional facilities.
Lloyd Harrell, City Manager, stated that a letter had been
received from the City of Hondo requesting a resolution of
support from the City Council.
Council Member Hopkins stated that she had a problem with
asking voters how to vote.
Council Member McAdams stated that she was not that familiar
with Proposition 8 and did not feel comfortable voting for
support until she had a chance to review the Proposition.
Boyd motioned, Alexander seconded to postpone the resolution
until the next Council meeting. On roll vote, McAdams "aye,"
Alexander "aye," Hopkins "aye," Ayer "aye," Boyd "aye," and
Mayor Stephens "aye.,, Motion carried unanimously.
Item C. was not discussed during the Council meeting.
8. Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following item:
A. The final sales check for the year had been
received and was substantially up from the projected amount.
9. There was no Executive Session held during the Work
Session.
City of Denton City Council Minutes
October 3, 1989
Page 11
10. New Business
The following items were presented by Council Members for items
for future agendas:
A. Council Member Hopkins requested staff begin work
on possible variance procedures for the sign ordinance.
B. Council Member Boyd requested staff to check into
the possibility of a traffic problem at Carroll and Parkway
since the intersection of Carroll and Pearl had been changed.
C. Mayor Stephens presented an update on TMPA
activities including the refunding of revenue bonds, official
approval of the hydro project and an improved rating at Moody's.
Council Member Gorton returned to the meeting.
11. The Council then convened into Executive Session to
discuss legal matters (considered action in Denton County vs.
City and In Re: Flow), real estate, and Personnel/ Board
appointments (considered appointment of a nominee to the Denton
Central Appraisal District).
No official action was taken.
With no further action, the meeting was adjourned at 10:12 p.m.
211
~N'IFE~ ~ALTERS
~TY SECRETARY
CITY OF DENTON, TEXAS
3198C