Minutes December 20, 1988CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 20, 1988
The Council convened into the Joint Work Session with the
Library Board at 5:30 p.m. in the Civil Defense Room.
PRESENT:
Mayor Stephens; Mayor Pro Tem Hopkins; Council
Members Ayer, Boyd, Gorton and McAdams.
ABSENT:
Council Member Alexander
LIBRARY
BOARD
PRESENT
Members Speck, Schaake, Pickens, Adkins and
Glasgow
1. The Council and the Library Board held a discussion
regarding library expansion options.
Joella Orr, Library Director, stated that the charges for the
consultant were to look at the present building in terms of
needs and also future needs and options.
Dick Waters, HBW Associates, presented a synopsis of his report
to Council. The first part of his work dealt with looking at
the existing building and the available bond funds. His
recommendation was not to expand the existing building as the
site was difficult for expansion, usage would be further
complicated by additional expansion, the present building was
located in a site that was primarily service/government
orientated, and parking would need to be greatly expanded if
the present location were greatly expanded. Recommendation for
the present site was a modest expansion for better use of
existing space and the purchase of two new sites for major
branches for the community. HBW was also recommending the
purchase of a book mobile to serve the community while the new
sites were being developed. In terms of budget, the
recommendation was to increase the materials budget over the
next 7-8 years so that it would reach 20% of the total budget.
Future site recommendations would be a branch in southeast
Denton and one in north Denton. Additional recommendations
consisted of continued use of children's programs, more
programs for adults, and automation of the program which was
badly needed.
Dr. David Speck, Library Board, stated that the Board agreed
with all of the recommendations from HBW and was ready to
proceed.
Lloyd Harrell, City Manager, stated that staff felt the
priority for the $1 million was to proceed with the modest
renovations of the current building, purchase the two branch
sites and build as much as possiDle on the first building.
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City of Denton City Council Minutes
December 20, 1988
Page 2
Consensus of the Council was to receive a report from the CIP
Committee before proceeding with the proposed calendar.
2. The Council convened into Executive Session to discuss
legal matters (County of Denton vs. City of Denton, Flow
Memorial Hospital Bankruptcy, Struble v. City of Denton,
worker's compensation claims by David Hurley and Jerry Tanner),
real estate and personnel and board appointments.
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 Ayer, Boyd, Gorton and McAdams.
ABSENT:
Council Member Alexander
1. The Council received a presentation of the Certificate
of Achievement Award to the City of Denton for excellence in
financial reporting from the Government Finance' Officers
Association of the United States and Canada.
Jerry McHorter, representing the Government Finance Officers
Association of Texas, presented the award to the Mayor and
Council.
2. The Council received a presentation by the Southland
Corporation to SPAN.
Clint Miller, Local Field Manager for 7-11, presented Roberta
Donsback, Executive Director of SPAN, with a check for $1000
for its operation.
Public Hearings
A. The Council held a public hearing and considered
an ordinance amending Planned Development-18 and approving a
concept plan on 19.0704 acres which expanded Planned
Development-18 to 24.4 acres. Petitioner was Safety Kleen
Corporation. The property was located at the southeast corner
of Cooper Creek Road and the Texas and Pacific Railroad and
Mingo Road. The property was currently zoned agricultural and
planned development industrial and more fully described in the
Moreau Forrest Survey, Abstract No. 417. If approved, the
property may be used for industrial uses. Z-88-020. (The
Planning and Zoning Commission recommended approval).
City of Denton City Council Minutes
December 20, 1988
Page 3
The Mayor opened the public hearing.
Tom Jester, representing Safety Kleen, stated that the proposed
planned development was for warehouse space, locker room space
and office space. He stated that at a previous Planning and
Zoning Commission meeting, there had been allegations of
chemical spills. He stated ~hat there had never been any
spills at the site and no employee had ever complained about
illness from their chemicals. Any construction on the site
must not only be approved by the City of Denton but also by the
State.
Roy Appleton, Denton Economic Development Board, stated that
the charge of the Board was to encourage economic development
in Denton. He stated that this was a local company that had
been in Denton a long time. The company supported the
community and was a good neighbor. He recommended approval of
the request.
Joy Powell, resident of the area, spoke in opposition. She
played a portion of a tape recording of the noise in the area
which interrupted her sleep during the night. She presented
the Council with a list of hazardous chemicals found at Safety
Kleen. She stated that she had become sick from breathing
fumes from the plant. She felt that it was not fair to the
residents in the area to have the plant there and did not want
it expanded.
Allen Lubbers, resident of the area, questioned the zoning
classification of LI (light industrial) for the area. How
could the zoning be correct if heavy trucks were going in and
out and a railroad was being used. He did not see how a light
industrial classification fit the current use for the
property. His concept of light industrial was mini-warehouses
and gas stations, not heavy trucks and a railroad.
Tom Jester was allowed a rebuttal. Mr. Jester introduced
Dennis Glenn, Facility Manager-Safety Kleen. Mr. Glenn stated
that the plant was highly regulated by the Texas Air Control
Board, 'the Texas Water Commission, and the Environmental
Protection Agency. Those agencies did an annual inspection and
since the facility had been there, they had never received a
violations nor fined for a violation. He stated that he had
provided Ms. Powell with the list of hazardous chemicals and
that a more complete list was on file in the City offices.
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Council Member Gorton asked if spills had to be reported to the
EPA, Texas Air Control Board, etc.
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City of Denton City Council Minutes
December 20, 1988
Page 4
Glenn replied that there were definitions of what the EPA
considered spills. Since the facility was opened in 1975,
there were three incidences recorded of spills on-site. They
did not go outside the facility and were reported voluntarily.
Follow-up was not made by any agency.
The Mayor closed the public hearing.
Cecile Carson, Urban Planner, stated that this was an expansion
of an existing planned development approved in 1974 for a tank
area/recycling of various chemical and warehousing facilities.
In 1985 the Council considered and recommended that an
ordinance be prepared for an expansion of the site which
included additional warehouse facilities. Since that time,
Safety Kleen had been constructing the facility under the
operation of a planned development district and were requesting
an expansion for warehousing and distribution land uses on
property which was currently zoned agricultural/planned
development/light industrial. A number of staff personnel had
been involved in the review of the request because of the types
of uses concerned. Howard Martin, Municipal Lab-City of
Denton, had provided detailed information about the Safety
Kleen operation. He stated that this was one of the cleanest
operations from an industrial standpoint in the City of
Denton. The site had chemicals which were highly explosive and
flammable being transported in and around the area. All of
that information had been supplied to Ross Litman, Emergency
Management Coordinator, who stated that there was a very
detailed evacuation plan for that area. It was also regulated
by the Texas Water Commission, the Texas Air Control Board and
the Environmental Protection Agency. The property was located
in a low intensity area which the Denton Development Plan
indicated should be predominately residential and low intensity
in nature. However, the area was 36% over intensity based on
current zoning with mixed land uses. The Planning and Zoning
Commission considered the request under the policy of economic
development which stated that the City might waive application
of intensity policies to accommodate certain industrial uses.
Based on the information provided by Safety Kleen, the site
would meet those classifications and approximately 90% of the
materials processed at the site would go outside the City
limits, one of the major criteria for that consideration.
Council Member Boyd asked if there were any indications of
activity that would hamper ground water in the area.
Carson replied not to her knowledge. Nothing was released into
the sewer system or into the ground water itself until it was
inspected by the City with certain items not being allowed in
the storm water system.
City of Denton City Council Minutes
December 20, 1988
Page 5
The following ordinance was considered:
NO. 88-208
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR A CHANGE FROM AGRICULTURAL (A) TO PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 17.1 ACRES OF LAND, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CHANGE
FROM LIGHT INDUSTRIAL (LI) TO PLANNED DEVELOPMENT (PD)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.9 ACRES OF LAND; PROVIDING THAT THE 19 ACRES OF LAND
HEREIN REZONEDv LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF COOPER CREEK ROAD AND THE TEXAS AND
PACIFIC RAILROAD TRACKS, SHALL BE INCLUDED WITHIN AND
BE A PART OF PD-18v AS ESTABLISHED BY ORDINANCE NO.
74-31; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN
FOR THE 19 ACRES OF LAND HEREIN REZONED AND ADDED TO
THE DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd 'aye,' and Mayor Stephens 'aye." Motion carried
unanimously.
Council Member Gorton asked that the record show that he had
voted against allowing residential property to the north of the
Safety Kleen site.
Consent Agenda
McAdams motioned, Gorton seconded to approve the Consent Agenda
as indicated. Motion carried unanimously.
A. TaX Refunds
Considered approval of a tax refund for
Southridge Village P/S - #8907-00128.
Considered approval of a tax refund for
Southridge Village P/S - #8907-00130.
5. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City
of Denton and Bracewell & Patterson and Winstead, McGuire,
Sechrest & Minick for legislative representation.
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City of Denton City Council Minutes
December 20, 1988
Page 6
Lloyd Harrell, City Manager, stated that this was a formal
agreement with Tom Forbes and Charles Evans to help in the
legislative session with legislative representation with the
indigent health care issue. There was a clause in the
agreement that if other cities joined the effort and those
cities caused substantially extra work, Forbes and Evans
reserved the right to renegotiate the agreement. Formal
conversations had taken place with the four other cities
affected as Denton and had a tentative agreement with two of
the cities and expected the other two to follow suit.
Council Member McAdams expressed concern about there being no
cap on expenses. Was there any idea of the total cost of the
package?
City Manager Harrell stated that that item had been discussed
during negotiations and no reasonable estimate could be
determined.
The Council held a discussion regarding expenses and what were
reasonable expenses with a determination that along with the
monthly itemization received by the City, monthly expenses
would be included.
The following ordinance was considered:
NO. 88-209
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND BRACEWELL &
PATTERSON AND WINSTEAD, McGUIRE, SECHREST & MINICK FOR
LEGISLATIVE REPRESENTATION AND PROVIDING FOR AN
EFFECTIVE DATE.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, McAdams 'nay," Hopkins 'aye," Gorton 'aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
with a 5-1 vote.
· B. The Council considered adoption of an ordinance
amending Sec. 4-10 of the Code of Ordinances of the City of
Denton relating to the required distance between certain
dwellings and the enclosed spaces in which livestock may be
kept; and providing for a penalty in the maximum amount of five
hundred dollars for violations therefor.
Rick Svehla, Deputy City Manager, stated that the present
ordinance read that certain animals could not be kept within
200 feet of any dwelling. The change would allow the owner of
the livestock to live closer that 200 feet if they chose to do
so.
City of Denton City Council Minutes
December 20, 1988
Page 7
Council Member Ayer asked why a property owner should be
allowed to live closer than 200 feet if others could not due to
sanitation and health reasons.
Council Member Boyd suggested that there might be a problem
with the ordinance reading "owner of the property" if an
individual decided to rent the property. The owner could put
animals closer than 200 feet to a renter's residence therefore
possibly affecting the health, safety and welfare of other
individuals. He suggested that the ordinance be changed to
"owned and occupied by said person".
Boyd motioned, Gorton seconded to adopt the ordinance with a
change to read" owned and occupied by said person".
McAdams motioned, Gorton seconded to postpone action on the
item until the second meeting in February in order to work out
proper legal language. On roll vote, McAdams "aye," Hopkins
"aye," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens
"aye." Motion carried unanimously.
Item 5.E. was moved ahead in the agenda order.
E. The Council considered adoption of an ordinance
authorizing the publication of notice of intention to issue
Certificates of Obligation.
Frank Medanich, First Southwest, stated that this was the
beginning of a funding process for purchases and improvements.
It was the most cost effective way as opposed to a
lease-purchase arrangement.
John McGrane, Executive Director for Finance, stated that the
money would be for CIP projects, lease/purchase items and a
renovation of the heating/air conditioning system for City Hall.
The following ordinance was considered:
NO. 88-211
363
AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE
CITY OF DENTON, TEXAS.
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City of Denton City Council Minutes
December 20, 1988
Page 8
McAdams motioned, Boyd seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
The Council returned to the regular agenda order.
C. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the north side of a
portion of Hanover Street; providing a severability clause; and
providing a penalty not to exceed two hundred dollars. (The
Citizens Traffic Safety Support Commission recommended
approval).
The following ordinance was considered:
NO. 88-210
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE NORTH SIDE OF A PORTION
OF HANOVER STREET; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS;
AND DECLARING AN EFFECTIVE DATE.
McAdams motioned, Gorton seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens 'aye." Motion carried
unanimously.
D. The Council considered adoption of an ordinance
establishing permit fees for the inspection of parking
lot/driveways as required by Appendix A of the Code of
Ordinances.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS,
-ESTABLISHING FEES FOR THE PARKING LOT/DRIVEWAY PERMITS
REQUIRED BY APPENDIX A OF THE CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Rick Svehla, Deputy City Manager, stated that this would
incorporate the permit charge when the Appendix A, Chapter 4
was approved. The fee would be based on the number of hours
estimated spent on different sized lots.
McAdams motioned, Gorton seconded to adopt the ordinance.
Council Member McAdams stated that if the parking lot were in
conjunction with a building for which a permit was already paid
for, there would not be an additional permit fee for the
parking lot.
City of Denton City Council Minutes
December 20, 1988
Page 9
Svehla replied that there would be a separate fee regardless if
it were a new building or an existing building constructing a
new lot.
McAdams stated that that was not the information Council had
received earlier - only lots in conjunction with a new building
would not be required to pay an additional permit fee.
Lloyd Harrell, City Manager, stated that the fee structure was
being proposed to cover the cost of the actual inspection of
the parking lot and making sure it met the new specifications
adopted by the City. Previously, that was not done. In the
past the inspection only involved making sure that the lot was
a hard surface.
Mayor Stephens stated that the fee schedule was just to recover
cost and not to show surplus.
Council Member Boyd expressed a concern with the fee being
separated out from other fees. He felt that it should be
included in the original inspection fee and not broken out from
the other general inspection fees.
Staff Members Evans and Carson confirmed that original
discussions stated that there would not be an additional fee
for new buildings.
A discussion was held by Council Members centering on whether
to charge a separate fee for the parking lot inspections or to
include the fee in the original inspection fee.
On roll vote, McAdams "nay," Hopkins "nay," Gorton "nay," Ayer
"nay," Boyd "nay," and Mayor Stephens "aye." Motion failed
with a 5-1 vote.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute a contract between the
City of Denton and Freese & Nichols Consulting Engineers to
prepare airport preapplications for submittal to the F.A.A. for
airport- improvement projects eligible to receive airport
improvement program funds. (The Airport Advisory Board
recommended approval).
The following ordinance was considered:
NO. 88-212
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN
BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLSt
PROFESSIONAL ENGINEERING SERVICES AND PROVIDING
EFFECTIVE DATE.
AGREEMENT
INC. FOR
FOR AN
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December 20, 1988
Page 10
McAdams motioned, Body seconded to adopt the ordinance. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
G. The Council considered adoption of an ordinance
approving a lease between the City of Denton and Bert E. Mahon
and Mary L. Mahon for property located at the City of Denton
Municipal Airport, Denton, Texas. (The Airport Advisory Board
recommended approval).
Rick Svehla, Deputy City Manager, stated that this was a lease
for hanger space at the north end of the airport.
Council Member Ayer stated a concern regarding the low rental
fee. He questioned why the rent was only 8~ per square foot
when the lease was for 25 years. He felt it was too low for
too long.
Svehla replied that the property was at the furthest north
piece of ground at the airport. The Master Plan had designated
that area for 8~.
Ayer stated that there would soon be improvements to the north
section of the airport and that perhaps the improvements would
increase the value of that portion of the airport. In that
case, a long term lease of 25 years would not be beneficial to
the City.
McAdams motioned, Ayer seconded to table consideration of the
item until staff could provide additional information to
Council including a map of the area showing rental charges and
why those charges were applied to those portions of the airport
and how the CIP projects would affect the land and potential
rental fees. On roll vote, McAdams "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "nay," and Mayor Stephens
"aye." Motion carried with a 5-1 vote.
6. Resolutions
A. The Council considered approval of a resolution
postponing the regular meeting of January 3, 1989 to January
10, 1989.
The following ordinance was considered:
NO. R88-077
A RESOLUTION CHANGING THE REGULAR COUNCIL MEETING OF
JANUARY 3, 1989 TO JANUARY 10, 1989; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
December 20, 1988
Page 11
Boyd motioned, Gorton seconded to approve the resolution. On
roll vote, McAdams "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Stephens "aye." Motion carried
unanimously.
e
Miscellaneous matters from the City Manager
Lloyd Harrell, City Manager, presented the following items:
A. November Budget Recap - Harrell stated that this
item was explained in the back-up materials and would answer
any questions Council might have.
B. Considered street names and the 911 system -
Harrell referred to the report from Frank Robbins. Staff was
recommending to Council that it was not necessary to rename
streets in Denton at this point in time.
C. Considered annexation of property along the Elm
fork of the Trinity River from the City limits to the Lake Ray
Roberts Dam. A-58. Cecile Carson, Urban Planner, stated that
the City may proceed with the annexation of property up to the
dam. Beginning the process sometime in January would put
completion in late March. Notices had been sent to property
owners in the area regarding the proposed annexation with a
request to consider voluntary annexation of 100'. The
annexation would begin with a 1000' strip because all of the
signatures may not be received for the voluntary t00'.
D. Considered General Telephone's request to expand
local measured service to the Denton area. Roger Nelson,
Administrative Aide, updated the Council regarding local
measured service. Consensus of the Council was to draft a
letter to the PUC in opposition to the service in Denton with a
resolution to follow at a later Council meeting.
8. There was no official action taken on Executive
Session items discussed during the Work Session.
9. · The Council then convened into Executive Session to
continue previous discussions. No official action was taken.
With no further business, the meeting was adjourned at 9:54 p.m.
Ni ~E~R~A'L T E R S
Y SECRETARY
CITY OF DENTON, TEXAS
CITY ~ DENTON, TEXAS
3024C
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