Minutes February 20, 1990CITY OF DENTON CITY COUNCIL MINUTES
FEBRUARY 20, 1990
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem Ayer: Council
Members Alexander, Boyd, Gotten, Hopkins and
McAdams.
ABSENT: None
1. The Council convened into Executive Session to discuss
legal matters (considered action in Denton County vs. City and
~). real estate (discussion regarding a potential
land acquisition for City space needs), and personnel/board
appointments (considered appointments to the Building Code
Board and the Airport Advisory Board).
The Council then convened into Open Session.
1. The Council received and discussed a report and
considered giving staff direction regarding co-sponsorship of
baseball leagues.
Carl Anderson, Chair-Park and Recreation Board, stated that the
original issue was brought to the Park Board by a concerned
citizen. As the issue developed, it was felt that both leagues
wanted to [orm a unified group for youth baseball in Denton.
Negotiations were conducted by the two groups with no
conclusion because of the affiliation of the groups. On
January 8. 1990. the Park Board asked both sides if there was a
need to unify and form one group and the reasoning for that
unification. The Park Board agreed with the groups that there
needed to be one group. Both groups wanted the Park Board to
decide on the affiliation with the City. The Park Board did
not wish to make that decision because they felt in the best
interest of the children that the groups should reach a
decision jointly. Members from each group were appointed to
continue negotiations. A compromise was worked out but
approval was still needed by both boards. The Boys Baseball
Board approved the agreement but the Denton Little League did
not approve the agreement. At the January 22. 1990 Park Board
meeting, the two groups were still stating that one unified
group was in the best interest of the children but that they
could not reach an agreement. At that point, a motion and
second were made at the Park Board meeting that the
co-sponsorship by the City be for Denton Boys Baseball. It was
his understanding that Boyts Baseball was still trying to
negotiate. It was still the Park Board's stance that there
needed to be one group.
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February 20, 1990
Page 2
Mayor Stephens stated that requests had been received from
Denton Boy's Baseball and Denton Area Little League to speak at
the Council meeting. As the item was already placed on the
Work Session, he felt that this would be the best time to do so.
Gary Matheson, representing Denton Boy's Baseball, stated that
they supported the recommendation of the Park and Recreation
Advisory Board. Their organization had always been willing to
compromise. He presented background information on the
events. At the beginning of the negotiating meetings, he
stated that the purpose of the meetings would be to work out
the groups differences and get them back together. During the
third negotiating session, Little League presented a proposal
which was to affiliate with National Little League for twelve
and under and Dixie Baseball for thirteen and up. Further,
Denton Youth Baseball Association, would be formed with both
organizations donating equipment and other assets to the new
organization. A board of directors would be formed with
current members of each organization being appointed. It was
noted that Denton Boy's Baseball was affiliated with Texas
Teenage Baseball, not Dixie Baseball. Denton's Boys Baseball
submitted two proposals. One proposal was to affiliate with
Texas Teenage Baseball for twelve and under and Dixie Baseball
for thirteen and up with the same proposal for reorganizing the
board of directors as was proposed by Little League. The
second proposal was to form a board under a new name and in
accordance with the ideas presented by both prior proposals but
not to affiliate with any organization for the upcoming
season. Denton Boy's Baseball felt under the latter
arrangements, a year of working together would help rebuild
relationships. After this first year, the board would decide
which a~filiation the one organization would pursue. The
Denton Area Little League did not accept either of the
proposals and indicated that nothing would be acceptable which
did not include affiliation with National Little League. In a
~inal attempt at a settlement after a request from the Parks
Board, Denton Boy's Baseball made a proposal to play Little
League for twelve and under and Dixie for thirteen and up for
the first year. 1990. The second year. 1991. play Dixie for
twelve and under. The third affiliation would be determined
a~ter comparing the two organizations and determining which
would be in the best interest of the children. Denton Area
L{ttle League did not accept the proposal amd had no other
solutions to the problem. He noted that both organizations
agreed that if a solution could not be reached, the Parks Board
should make the decision. At the second meeting with the'Parks
Board, Denton Little League representatives changed their
position stating that Denton needed an alternative program and
~ha~ Li~le League was an excellent'p:ogram as it provided a
more structured set of rules. He listed several questions he
City of Denton City Council Minutes
February 20. 1990
Page 3
felt the Council needed to ask the Little League among which
were why did Little League agree to negotiate if it felt more
than one one program was best. He requested that the Council
support the decision made by the Parks Advisory Board.
Mike Wiebe. representing Denton Area Little League. stated that
the Little League had met with Boy's Baseball as a positioning
procedure. The Little League had made a proposal which was
rejected by Boy's Baseball and Boy's Baseball had countered
with two proposals. Little League felt that neither proposal
would be beneficial to Little League or the youth of Denton due
to the lack of affiliation which they interpreted as a lack of
playing structure. He had yet to hear a substantial reason or
a logical reason why one organized program was beneficial. He
agreed that there could be some benefits but did the benefits
outweigh the position of choice. The Little League Board
rejected the proposal for no Little League in 1991 as it would
have meant the dissolution of Little League and they were not
willing to give up what they had fought so hard to get. He
stated that the principles on which Little League was formed
clearly offered a choice, He asked for the Council's support
and felt that Denton was
organizations.
Council Member McAdams stated
significant complaints on how
hard to deny that there were
big enough to support two
that in the past there were
baseball was handled. It was
problems if enough people felt
strongly enough to form a 'new league which was entirely
voluntary and not costing the City any money. A better
approach was to try to get the existing groups playing' in a
fashion that engendered less criticism about their approaches
and then see about the possibility of having one group. She
did not see that it was necessary to have one group. She
wished that the Parks Board would sponsor both groups as they
had done in the past and work to see if they could improve the
programs.
Council Member Hopkins stated that the first time she heard of
an umbrella sports league was at the Parks Board meeting. She
felt it was a contrary position to have one baseball program
when the umbrella sports league was not formed yet. She was
not against the umbrella sports league but since it was not
done prior to the baseball season, it was unfair to not allow
play under the same conditions as last year. There would be
more playing fields this year which would help with the
scheduling. She suggested playing ball as co-sponsor and work
toward the umbrella sports league.
Mayor Stephens left the meeting.
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City of Denton City Council Minutes
February 20. 1990
Page 4
Council Member Boyd felt that both leagues were trying to serve
the interest of the youth and had not been persuaded that there
was a reason to sponsor only one league.
Mayor Stephens returned to the meeting.
Council Member Boyd continued that he bad a problem with City
government saying to one league or the other that they couldn't
use the field. The umbrella organization might be able to work
out compromises with the two leagues. He felt the City should
allow both leagues to play under similar rules for at least the
current year.
Mayor Stephens stated that he found out last evening that a
public service organization of which he was a member had
entered into negotiations with one of the groups for a long
term lease and use of property. He had not participated in
open discussions but had discussed the issue with both groups
either on the phone or in person to gather information on the
situation. He asked the City Attorney if he should turn the
meeting over to the Mayor Pro Tem or could he participate.
City Attorney Drayovitch stated that if the Mayor felt that he
could not be impartial, he was not required by law to file an
affidavit but he may abstain from the vote.
Mayor Stephens replied that he felt he could be impartial but
he was concerned about the sense of proprietary involved.
There might be an accusation of impropriety depending on how
the issue was settled.
Mayor Stephens left the meeting.
~'Council Member Alexander felt that there was still a very good
"argument in the long-term for a unified league structure but he
did not see any way that move could be done in the short-term.
He felt that what was needed to do was to follow the suggestion
to continue the current year with a dual structure but that the
Council accept the responsibility to put some pressure back on
both groups to continue negotiations for compromise. A
deadline needed to be set which was shorter than a year from
now so that the decision would be made before the beginning of
the next year's baseball season.
Council Member Gorton stated that he was strongly in favor of
an umbrella organization. He was willing to co-sponsor two
groups with an emphasis on the scheduling of games and not
practices. Practices would be open reservations. He would not
suppo=~ dual co-sponsorship in any other league in any othe~
sport.
City of Denton City Council Minutes
February 20. 1990
Page 5
Mayor Pro Tem Ayer shared in the hope that the issue could be
resolved to the satisfaction of everyone. He felt that one of
the compromise proposals which appealed to him as to have one
league for twelve and under and one league for above twelve.
There was not time to work the problem out now for the summer
season. An interim arrangement was needed. He suggested
taking Council Member Alexander's statement as a summary of the
instruction to staff.
Consensus of the Council was to follow Council Member
Alexander's suggestion to continue the current year 'with a dual
structure but that the Council accept the responsibility to put
some pressure back on both groups to continue negotiations for
compromise. A deadline needed to be set which was shorter than
a year from now so that the decision would be made before the
beginning of the next year's baseball season..
Council Member Alexander added that a close look was needed at
the CIP program to see if enough had been done for the
development of recreational programs.
Work Session Items #2, #3, and #4 were not considered during
the Work Session and were held for discussion at the Regular
Session.
The Council then convened into the Regular Session at 7:00 p.m.
in the Council Chambers.
Mayor Stephens returned to the meeting.
PRESENT: Mayor Stephens: Mayor Pro Tem Ayer; Council
Members Alexander. Boyd. Gorton. Hopkins and
McAdams.
ABSENT: None
1. The Council received a citizen's report from Don
Grimes rega£ding-the cceation of an ordinance relative to the
renting of hotel/motel rooms to juveniles.
George Grimes first informed Council that he name was George
and not Don. He stated that with the juveniles today the
number one drug of choice was alcohol. He wanted Council to
consider an ordinance that would prohibit a motel/hotel from
renting a room to a juvenile. Anyone over the age of seventeen
would have to show proof with identification such as a drivers
license that they did not reside in Denton County or have a
ma~or credit card to rent a room. From November to January 15.
he watched hotels/motels on Friday and Saturday nights and
noticed there was quite a bit o£ activity here by juveniles
having parties. He felt that such an ordinance would help the
police officers in Denton track the situation.
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City of Denton City Council Minutes
February 20, 1990
.Page 6
Public Hearings
A. The Council held a public hearing and considered
the ~inal replat of the Audra Meadows Addition, phase II: from
Lot 27 into Lots 27 through 47, Block A. This 3.466 acre tract
was located west of Loop 288, south of Audra Lane and east of
Mockingbird. (The Planning and Zoning Commission recommended
approval.)
The Mayor opened the public hearing.
Bud Hauptman, representing the petitioner, stated that the
property was located on the south side of Audra Lane and was
the last phase of the subdivision. At one time the property
was a single lot and the replatting would divide the lot into
21 single lots.
No one spoke in opposition.
The Mayor closed the public hearing.
Frank Robbins, Executive Director of Planning, stated that
approximately a year ago, the Council had changed the planned
development from multi-family to single-family. This was a
platting in accordance with the approved detailed plan for the
site.
McAdams motioned, Gorton seconded to approve the replat. On
roll vote, McAdams "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye." Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Consent Agenda
Mayor Stephens stated that 3.A.2. had been pulled at the
request of the staff.
McAdams motioned, Hopkins seconded to approve the Consent
Agenda with the exception of 3.A.2. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1058 - Pickups & Trucks
3. Bid #1061 - Contract Concrete Work
4. Bid #1063 - Fiberoptics
P.O. #94969 - Lone Sta= Gas Service Line for
Fire Station #5
B. Change Order
Sunmount Corporation - Bonnie Brae paving,
Drainage & Sidewalk
City of Denton City Council Minutes
February 20, 1990
Page 7
4. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts fo~ the purchase of materials, equipment, supplies or
services. (3.A.1. - Bid #1058: 3.A.4. - Bid 91063)
The following ordinance was considered:
NO. 90-020
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 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
accepting competitive bids and providing for the award of
contracts for public works or improvements. (3.A.3. - Bid
91061)
The following ordinance was considered:
NO. 90-021
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 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
"~ye." Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the Mayor .to execute an agreement between the City
of Denton and Lone Star Gas Company for extending gas piping in
Payne Drive from Crestmeadow to Bonnie Brae in the City of
Denton. Denton County. Texas. (3.A.5. - P.O. #94969)
The following ordinance was considered:
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City of Denton City Council Minutes
February 20. 1990
Page 8
NO. 90-022
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND LONE STAR GAS
COMPANY FOR EXTENDING GAS PIPING tN PAYNE DRIVE FROM
CRESTMEADOW TO BONNIE BRAE. IN THE CITY OF DENTON.
DENTON COUNTY. TEXAS; AND PROVIDING AN EFFECTIVE DATE.
McAdams motioned. Ayer seconded to adopt the ordinance. On
rnll vote. McAdams "aye." Alexander "aye." Hopkins "aye."
Gorton "aye." Ayer "aye." Boyd "aye." and Mayor Stephens
"aye." Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract
between the City o~ Denton and Sunmount Corporation and
providing ~or an increase in the contract price. (3.B.1. - Bid
99977)
The ~ollowing ordinance was considered:
NO. 90-023
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE
ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND
SUNMOUNT CORPORATION; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING 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.
E. The Council considered adoption of an ordinance
amending Section 5-3 of Chapter 5. Article I (Building Code) of
the Code of Ordinances of the City of Denton to provide for
energy conservation requirements in certain apartment
buildings; providing for a penalty in the maximum amount of
$500.00 for violations thereof; providing ~or a severability
clause; and providing for a repealer. (The Building Code
Advisory Board recommended approval.)
The following ordinance was considered:
City of Denton City Council Minutes
February 20. 1990
Page 9
NO~ 90-024
AN ORDINANCE AMENDING SECTION 5-3 OF CHAPTER 5.
ARTICLE I (BUILDING CODE) OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON TO PROVIDE FOR ENERGY CONSERVATION
REQUIREMENTS IN CERTAIN APARTMENT BUILDINGS; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR
VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY
CLAUSE: PROVIDING FOR A REPEALER; AND PROVIDING FOR AN
EFFECTIVE DATE.
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.
F. The Council considered adoption of an ordinance
abandoning and vacating a portion of Underwood Street. located
immediately west of its intersection with Avenue A. as a public
street; reserving a utility easement therein. (The Planning
and Zoning Commission recommended approval.)
Rick Svehla. Deputy City Manager. stated that this ordinance
dealt with the reconstruction and new design of the Avenue A
and Underwood intersection to provide for more sight distance.
This would allow for better traffic flow.
The following ordinance was considered:
NO. 90-025
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING
AND VACATING A PORTION OF UNDERWOOD STREET. LOCATED
IMMEDIATELY WEST OF ITS INTERSECTION WITH AVENUE A, AS
A PUBLIC STREET; RESERVING A UTILITY EASEMENT THEREIN;
AND DECLARING 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.
G. The Council considered adoption of an ordinance
providing Rules of Procedure for the City Council of Denton.
Texas; providing a severability clause; and amending ordinance
No. 81-35.
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City of Denton City Council Minutes
February 20, 1990
Page 10
Council Member Boyd suggesting adding to page 4, paragraph 3.3
that no outside reading materials be brought into the Council
Chambers. He thought that might be a good rule as it added to
the dignity of the occasion.
Council Member McAdams felt that someone attending the meeting
for one item at the end of the meeting should not have to sit
and listen attentively for the whole meeting.
The following ordinance was considered:
NO. 90-026
AN ORDINANCE PROVIDING RULES OF PROCEDURE FOR THE CITY
COUNCIL OF DENTON. TEXAS; PROVIDING A SEVERABILITY
CLAUSE; AMENDING ORDINANCE NO. 81-35; AND DECLARING AN
EFFECTIVE DATE.
Hopkins motioned, Alexander to adopt the ordinance as presented
and consider at a later date the option suggested by Council
Member Boyd. 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
of the City o~ Denton, approving a compromise settlement and
release agreement with Dianne Scruggs.
The following ordinance was considered:
NO. 90-027
AN ORDINANCE OF THE CITY OF' DENTON. APPROVING A
COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH
DIANNE SCRUGGS; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
I. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton. Texas and Denton County Electric Cooperative. Inc..
an electric cooperative corporation organized under Article
1528b. Revised Civil Statutes of Texas for the joint use of
wood poles in Lewisville, Texas. (The Public Utilities Board
recommended approval.)
City of Denton City Council Minutes
February 20, 1990
,Page 11
391
Ernie Tullos. Director of Utilities, stated that this was a
line to the Lewisville substation. A double circuit would be
built by the Co-op from section A-B and the City of Denton
would built a section from B-C. At some future date, the Co-op
would have the right to build on the poles from B-C. The City
of Denton would design the project and pay the Co-op for
construction.
The following ordinance was considered:
NO. 90-028
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON
COUNTY ELECTRIC COOPERATIVE, INC. AN ELECTRIC
COOPERATIVE CORPORATION ORGANIZED UNDER ARTICLE 15ZSb,
REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF
WOOD POLES IN LEWISVILLE, TEXAS; AND PROVIDING 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.
J. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and the North Texas Fair Association for the payment
and use o~ hotel tax revenue.
Mayor Stephens read a communication from the various groups
receiving hotel tax revenue requesting' a delay in Council
consideration until the individual boards could meet and
discuss the contracts.
Council Member McAdams asked when the contracts were sent out
to the various entities.
City Attorney Drayovitch replied Thursday morning.
Council Member McAdams Celt that there was some validity to the
request for an extension of time.
Council Member Alexander had no obiection to an extension of
time to be able to take the contracts to individual boards but
expressed a concern regarding the time extension of the current
contracts. Action would not be taken on the contracts,until
the middle of March.
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City of Denton City Council Minutes
February 20, 1990
Page 12
Mayor Stephens stated that the Denton County Historical
Commission would be meeting March 1, 1990, the Denton County
Historical Museum would meet February 26, 1990. He felt it
would be appropriate to allow the boards to discuss the
contracts. He stated that there was some concern regarding the
wording for the percentage allocation. The Denton County
Historical Museum felt that if the next year amount was less
than the current year amount, they would like to receive 100%
of that year. If the next year amount was g£eater, then they
would agree to the sliding scale.
Council Member Alexander stated that he would not have a
problem including the items on the March 13, 1990 agenda if
that did not put any of the existing relationships in jeopardy.
City Attorney Drayovitch replied that notice of termination was
given in September and returned to the City the first week in
October. She did not see a problem with an extension but did
have a concern regarding she being the one to decide whether
changes to the contracts would be appropriate. The contracts
could be placed on the March 13, 1990 agenda but they could not
remain open-ended.
Alexander motioned, Gorton seconded to agree to extend the
existing contractural relationships with the various entities
except for the North Texas Fair Association through March 31,
1990 and the various items £elating to contract approval be
placed on the March 13, 1990 agenda.
Clota Vaughn, Denton County Historical Museum, suggested
presenting any reservations regarding the contracts to the
Committee before they were presented to Council.
Council Member Alexander replied that he felt the proper
procedure would be to make any reservations known to the City
Attorney and also Council if appropriate. He did not feel it
was necessary to return to a Committee process.
Mayor Pro Tem Ayer suggested placing the items on the work
session for the March 13, 1990 agenda and also on the regular
meeting for action.
Ms. Vaughn ~tated that they would be pleased to work with the
City Atto£ney. She stated that there would be a difficulty if
the proposal were presented to her board on February 26, 1990,
brought to the Council on March 13, 1990 only to discover that
it was not agreeable to the Council, then they would be out of
time.
Council Member Hopkins stated that the contract as presented
was agreeable to the Council so that if it were brought back
without changes, there would be no problem.
City of Denton City Council Minutes
February 20, 1990
Page 13
Vaughn replied that it would not be brought back without any
changes. It would be up to the Council to decide if the
changes were substantial.
Mayor Stephens replied that he understood that a small amount
of extra wording to the contract which was not substantive but
merely explanatory would satisfy the Historical Commission.
City Attorney Drayovitch replied that if the wording was what
was suggested earlier, that would be a substantive change.
Mayor Stephens stated that he thought that was the intent
earlier, not to reduce any one but to affect the percentages as
receipts increased over the years.
Council Member Alexander stated that he felt the existing
contracts as currently written clearly reflected the direction
that Council gave to the Attorney at the last work session. If
the Council was going to change position from that content,
then it needed to be done by Council vote as a whole.
Council Member McAdams asked Council Member Alexander if he
understood that Council was saying that if the receipts were
the same, the entities would receive less.
Council Member Alexander replied that they agreed that
percentages would be established and that any funds that might
be generated from that allocation would go into a reserve
pool. Any entity which might find in a given year, that its
funds fell below the previous year. that would be grounds on
which to make a request to Council for receipt from that
reserve pool. The purpose of the percentage allocation was to
generate a reserve. To go back to the other proposed idea was
to substantially change the nature of the whole contract
agreement and he was not prepared to to that.
Mayor Stephens stated that he thought they had not intended to
lower the amounts but that once it stayed at that amount or
above, then the percentage would kick in and go into the
reserve pool for special projects either by the groups or the
the City.
Mayor Pro Tem Ayer agreed with Council Member Alexander's
interpretation of what was decided. There would be a pool and
if an entity fell short and had a legitimate need for
additional funds from the pool, then the Council might be in
position to provide those funds. That was what he had agreed
to and was what he was prepared to sustain.
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City of Denton City Council Minutes
February 20. 1990
Page 14
Council Member Boyd felt that the original motion was
appropriate. Ii any change needed to be made, it needed to be
one that was fairly insignificant and one that could be made by
amendment at the next meeting. If it was not insignificant and
the entities felt strongly enough that they would rather not
have funding than to have funding under these conditions, then
they could run that risk.
Council voted on Council Member Alexander's motion. On roll
vote. McAdams "aye," Alexander "aye," Hopkins "aye," Gorton
"aye." Ayer "aye." Boyd "aye," and Mayor Stephens "aye."
Motion carried unanimously.
The following ordinance was considered:
NO. 90-029
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH
TEXAS FAIR ASSOCIATION FOR THE PAYMENT AND USE OF
HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE.
Gorton motioned. Ayer 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.
Items 4K - 40 were not considered.
5. Resolutions
A. The Council considered approval of a
cancelling the regular Council meeting of March
calling a Special meeting to be held March 13. 1990.
Council Member Boyd pointed out that March 13
election night and also precinct meeting night.
might not be the best night ~or a meeting.
The following resolution was considered:
resolution
1990 and
was primary
He felt it
NO. R90-005
A RESOLUTION CANCELLING THE REGULAR COUNCIL MEETING OF
MARCH 6. 1990 AND CALLING A SPECIAL MEETING TO BE HELD
MARCH 12, 1990; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Gorton seconded to approve the resolution
with an amendment to hold the special called meeting on March
12. 1990 and any previous motions setting other agenda items
for March 13th would be changed to March 12th. 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
February 20. 1990
Page 15
B. The Council considered approval of a resolution
by the City Council of the City of Denton. Texas. relating to
the issuance of obligations by the North Texas Higher Education
Authority. Inc: approving the issuance of such obligations and
the use of the proceeds of such obligations: and making certain
findings in connection therewith.
The following resolution was considered:
NO. R90-006
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
DENTON. TEXAS. RELATING TO THE ISSUANCE OF OBLIGATIONS
BY THE NORTH TEXAS HIGHER EDUCATION :AUTHORITY, INC.:
APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE
OF THE PROCEEDS OF SUCH OBLIGATIONS: AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH.
McAdams motioned. Ayer 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 a contract agreement between
the City of Denton and the City of Farmersville. Texas for the
sale and purchase of wholesale electric service. (The Public
Utilities Board recommended approval.)
The following resolution was considered:
NO. R90-007
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
FARMERSVILLE. TEXAS FOR THE SALE AND PURCHASE OF
WHOLESALE ELECTRIC SERVICE: AND PROVIDING AN EFFECTIVE
DATE.
Boyd motioned. Ayer seconded to approve the resolution. On
roll vote. McAdams "aye." Alexander "aye." Hopkins "aye,"
Gorton "aye." Ayet "aye." BOyd "aye." and Mayor Stephens
"aye." Motion carried unanimously.
D. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton and Texas Waste Management. Inc..: and
authorizing the City Manager to execute all license agreements
entered into pursuant to Chapter 12 of the Code of Ordinances.
395
396
City of Denton City Council Minutes
February 20. 1990
· Page 16
The following resolution was considered:
R90-008
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS
WASTE MANAGEMENT. INC.; AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL LICENSE AGREEMENTS ENTERED INTO
PURSUANT TO CHAPTER 12 OF THE CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
McAdams 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.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, stated that he only had the work
session items not considered earlier.
7. There' was no official action taken during the Work
Session Executive Session.
8. New Business
No member o~ the Council had an item of New Business for future
Council agendas.
Council Member Gorton left the meeting.
The Council considered Work Session Item #2.
2. The Council received a report and considered giving
staff direction regarding the Highway 2499 project.
Rick Svehla. Deputy City Manager. stated that at the February
meeting, the 2499 Task Force received a draft report from the
consultant. The consultant was now talking about specific
alignments from 2181 north to 35E. All of the routes were
feasible by the consultant. This meant that it met a certain
criteria for cost per vehicle mile - under $200 per vehicle
mile. options 94 and 93A went from 2181 to the p£oposed Loop
with the cost of the Loop not included.
Council Member Gorton returned to the meeting.
City of Denton City Council Minutes
February 20, 1990
Page 17
397
Svehla continued that the report contained two suggestions -
one was the locally preferred option which was #4. The second
suggestion was the technically preferred option which was #5 as
it cost the least. The consultant asked the Task Force to
present the preliminary report to their respective Councils and
ask for comments so that the comments could be included in the
final report which would be submitted to the Highway Department.
Mayor Stephens stated that in the discussions with the City
Manager. Deputy City Manager, and Denton representatives, the
first priority was that the road be built. The second priority
would be to shape the project so that it would fit the needs of
Denton's citizens.
Consensus of the Council was that the first priority was to
have the road built and that the preferred route would be #4.
The Council considered Work Session Item #3.
3. The Council held a discussion and considered giving
staff direction regarding the ETJ boundary along Hickory Hill
Road. ~
Harry Persuad, Senior Planner, stated that two issues had come
to light recently regarding Denton's ETJ in the south and along
Hickory Hill Road. Copper Canyon had interest in the
development of lands located in Denton's ETJ north of Hickory
Hill Road. They had suggested a possibility for an agreement
line along Hill Top Road. Staff had reviewed the area and had
determined that' the current appraised value of properties in
that area to be approximately $2.58 million and vacant land,
currently under an agriculture exemption had an appraised value
of $0.61 million. Hickory Hill Road was a strategic east-west
arterial which provided an easy discernible ETJ line to the
south of Denton, Staff was recommending the denial of Copper
Canyon's request to release that portion of Denton's ETJ.
Alexander motioned, McAdams seconded to communicate to Copper
Canyon that their request to release a portion of Denton's ETJ
was denied. On roll vote. McAdams "aye," Alexander "aye,"
Hopkins "aye." Gorton "aye." Ayer "aye," Boyd "aye," and Mayor
Stephens "aye." Motion carried unanimously.
The second issue involved the cities of Argyle and Bartonville
with a joint interest in an area on the southwest corner of
FM1830 and FM407 located in Denton's ETJ. Argyle had informed
the City that they and Bartonville were in the process of
negotiating a line between the two cities. The area was north
of and contiguous to Bartonville city limits and east o~ and
contiguous to Argyle city limits. Staff recommendation was
3'98'
City of Denton City Council Minutes
Feb£uary 20, 1990
Page 18
that Bartonville and Argyle work out an agreement line and when
negotiations were completed, Denton would release the area
based on that line.
Consensus of the Council was that Denton would release the area
only after an agreement had been reached between Argyle and
Bartonville.
The Council considered Work Session Item #4.
4. The Council received a report and considered giving
staff direction regarding proposed amendments to drainage
requirements and design standards.
Jerry Clark, City Engineer, stated that the issue was
originally approved by the voters in 1986 as part of the Master
Drainage Plan. The previous regulations were based on data
from 1979 and the existing design manual was from 1975. A good
deal of the information was out-of-date, not specific and
needed modernization. Clark reviewed a comparison chart of the
current regulations and proposed regulations. (Attachment A)
Clark continued that a positive direction was taken toward the
preservation of natural habitats and credit for pervious
areas. The new regulations would place a very strong emphasis
on making sure major creeks such as Pecan. Cooper. and Hickory
stayed natural. He asked Council to consider placing the item
as a public hearing on the March 12th agenda.
Consensus of Council was to place the item on the March 12,
1990 agenda as a public hearing.
The Council returned to the regular agenda order.
9. The Council convened into the Executive Session to
discuss legal matters (considered action in Denton county vs.
City and In Re: Flow). real estate (discussed a potential land
acquisition for City space needs), and personnel/board
appointments (considered appOintments to the Building Code
Board and the Airport Advisory Board).
The Council convened into open session and took the following
action:
A. Boyd motioned, Gorton seconded to appoint Ed
Owens to the Building Code Board. Motion carried unanimously.
City of Denton City Council Minutes
February 20. 1990
Page 19
With no furthe£ business.
p.m.
C~TY SECRETARY
CITY OF DENTON, TEXAS
the meeting was adjourned at 10:02
RAY~
CITY OF ~ENTON, TEXAS
399
3234C
4OO
Attachment A
DRAINAGE REGULATIONS COMPARISON CHART
CATEGORY OLD 1983 NEW 1989
Driveway Culverts
Channels
Pipes
Channel Lining
Culverts/Bridges
Floodways
Spread Limits
a) Local
o) Collector
c) Arterial
d) Freeway
Intersec Cross Flow
Dedicate Floodway
Natural Concept
Regional Detention
On Site/Local Detent
Local (lots) grading
plans/design
Closed Pipe for up
to 48" Flow = 100 cfs
Access to all
channels for maint.
Minimum Size of Pipe
Pipes Wyes vs MH or
Recessed Inlets
Maximum Times of
Concentration
Minimum Easement
widths Reg. - Pipes
Ninimum F.F. above
8FE (encroached)
Oetention Design
Requirements
Storm Water Routing
Method
25 yr. 25 yr.
25 yr. 100 yr.
10 yr. 10 yr.
25 yr. 25 yr. +'i' FreeOoard
25 yr. 100 yr.
100 yr 100 yr
2" Above top of curb Top of curb reduced crown
(5")
1 Lane open
1 Lane open/direct
1 Lane closed
No Changes
No
No
Yes
No
Yes - not enforced
No
No
No
No
No
12"
Policy/not detailed
Rational
1 Lane' open
1 Lane open/direct
1 Lane closed
No Changes
Yes
Yes
No*
Yes
Yes enforced &
strengthen wording
Yes
18"
Yes
Yes
Yes
Yes
Yes, 10 to 100 year
Rational, HEC-1
TR-20
*As Last Alternative
0691E/20