Minutes July 17, 1990CITY OF DENTON CITY COUNCIL MINUTES
JULY 17, 1990
The Council Convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT:
Mayor Castleberry: Council Members Ayer. Gorton.
and Hopkins.
ABSENT:
Mayor Pro Tem Boyd; Council Members Alexander and
· Trent.
1. The Council convened into Executive Session to discuss
legal matters (considered action in In Re: Flow). real estate
(considered land acquisition for Service Center Expansion). and
personnel/board appointments.
Council Member Hopkins left the' discussion during In Re: Flow.
The Council held a. discussion concerning the
provisions of the Code of Ordinances related to parking of
vehicles over one ton in residential zoned districts.
Lloyd Harrell. City Manager. stated that staff had received a
number of citizen complaints over the last few weeks. Staff
felt there was an area of clarification needed.
Cecile Carson, Administrative Analyst. stated that
approximately four months ago. the Code Enforcement Division
through a routine inspection of an area, came across a
tractor-trailor cab in a residential neighborhood. The
provisions of the zoning code stated that trucks, trailors or
vans except for paneling pick-up trucks not exceeding one ton
capacity, were not allowed in a residential zoning district,
multi-family district, office ot neighborhood service
district. The provision came into question because the owners
of the tractor-trailor rig indicated that that was the only
place that they had to park the vehicle. It was not "storage"
because the ordinance used. the term "storage" - not "parking"
which was not allowed'. A legal opinion from the Attorney's
Office stated that if the particular situation were taken to
court, the judge and/or the ]ur~ would have to determine what
was "storage-. Since the ordinance provided no guidelines, it
could be determined differently in each and every case
submitted. It was noted that other types of vehicles such as
wreckers, flat bed trucks, dump trucks, buses, and different
types of trailors could also be questioned in a residential
neighborhood. Another area in question was the ordinance in
the code that stated that vehicles were not allowed to be
parked for more than 20 continuous hours on public streets
which included trucks, trailors and other vehicles. The
ordinance was enforced by the Police Department in cooperation
with the Code Enforcement Division. Staff felt there were four
NOTE: THIS PAGE LEFT BLANK INTENTIONALLY.
City of Denton City Council Minutes
July 17, 1990
Page 2
alternatives (1) leave the ordinance as it was and handle
complaints on a case by case basis, (2) modify the ordinance by
adding provisions to prohibit, (3) modify the ordinance by
limiting the time allowed in residential areas, and (4) modify
the ordinance to allow trucks to be parked in residential areas.
Council Member Hopkins asked if the ordinances from other
cities' were referring to the tonage. Was staff suggesting that
pick-up truc~s not be allowed.
Carson replied that most of the ordinances made allowances ~or
pick-ups and passenger pick-up vehicles. Most of the
definitions were per the Motor Vehicle Code.
Council Member Gorton stated that he saw the issue from a
number of viewpoints. Omc was the ability of the City to
maintain the streets properly. Another was from the standpoint
of the zoning issue - a commercial vehicle in a residential
area advertising a certain business. The aesthetic standpoint
was another issue as was the standpoint of the individual
vehicle owner wanting'the vehicle nearby so, as to not have to
worry about vandalism,
Carson stated that streets were designed for limited truck
traffic and the Engineering Department did not feel that
limited use would necessarily cause a problem.
Council Member Hopkins felt there was quite a difference
between an "18 wheeler" and driving home a work vehicle in
regards to advertising. There needed to be a differentiation
between an individual who came home at night in his panel
truck, pick-up truck or plumber truck or whatever and an
individual who came home in an "18 wheeler"
A citizen in the audience stated that one of the
tractor-trailor cabs shown on the slides belonged to her. They
had never brought a trailor into the area. If her husband got
home early in the morning, he would sleep at the trUck stop and
them come home so as to not disturb the neighbors.
Council Member Hopkins continued that the recreational vehicle
area was a difficult area to deal with. It needed a lot of
research and public hearings. The Council needed to be sure
that what was being done was to protect the streets and was to
do something about vehicles parked on the streets and not being
moved. But not for something that came in at night and left
every morning.
City of Denton City Council Minutes
July 17, 1990
Page 3
Council Member Gorton suggested that the Planning and Zoning
Commission look at the issue and address some of the issues.
Council Member Ayer stated that there were matters of
aesthetics, street maintenance, and safety. The survey
provided implied that Denton was behind in its regulations. He
would like the survey expanded to deal with RV's, business
trucks-being-driven home at night, etc.
Consensus of the Council was to proceed with presentation of
the item to the Planning and Zoning Commission to include a
public hearing with the Planning and Zoning Commission looking
at all possible options.
3. The Council held a discussion concerning the City of
Denton expressing its intent to Contract to Purchase from the
Upper Trinity Regional Water District a portion of the raw
water obtained from the Sulphur River Basin by the District by
contract with the City of Commerce. (Public Utility Board
recommended approval.)
Bob Nelson, Executive Director for Utilities, reviewed the
City's current water supplies, the possible alternatives and
the details of the Cooper Reservoir.
Council Member Ayer asked for the time frame for th~ up-front
money.
Nelson replied a year with a back-out provision. Within that
year a feasibility study needed to be done to determine if the
engineering and economics would make it along with legal work.
Council Member Ayer asked how much money the City would have to
put up for the first year.
Nelson replied Denton's portion would be $83,325 plus $50,000
to Commerce, $63,000 of the first year's debt service to the
Corps, $50,000 for legal fees and $86,000 for engineering fees.
Council Member Ayer felt that there was some risk but felt that
it was a good chance to take.
Council Member Hopkins stated that it was hard for her to see
the risk when it was such a small amount of water. She did not
think the risk was worth it but did see the importance of
getting Denton's foot in the door for more water. She felt
that legal fees were far understated.
Consensus of the Council was to postpQne unti% the August 7th
meeting any formal action on the item to allow for further
discussion.
City of Denton City Council Minutes
July 17, 1990
Page 4
4. The Council held a discussion concerning an interim
Wastewater Treatment Services Contract between City of Denton
and the Upper Trinity Regional Water District.
Bob Nelson. Executive Director for Utilities, stated that the
City of Argyle had requested wholesale wastewater treatment
services. Denton,s position had been to direct such requests
to the Upper Trinity Regional Water District. In December of
1989, .the Oity of Denton entered into a temporary wastewater
treatment agreement with Argyle wherein Denton agreed to treat
wastewater that the City of Argyle delivered via a truck to
Denton's wastewater treatment plant. The City of Denton had
been directing Argyle to a contract with the Upper Trinity
Regional Water District which would be a standardized contract
which could be used for any of the surrounding communities.
The main points of the contract included: (1) it was a standard
contract that would be applicable for the Upper Trinity
Regional Water District's use to serve Denton County area
cities of Corinth, Argyle, Corral City, Hickory Creek and Krum
where sewer lines could be extended to Denton,s trunk sewer
system. (2) made available only.excess capacity in Denton's
system and set aside a minimum of 300.000 gallons per day of
capacity, (3) was an interim contract only and agreed to
provide joint planning, funding and ownership with the Upper
Trinity Regional Water District in future wastewater plant
expansion or development, (4) required written approval from
Denton prior to addition of any customers to Upper Trinity
Regional Water District's system, (5) Denton could terminate
the agreement if, after giving the Upper Trinity Regional Water
District a one year notice, it failed to enter into a joint
ownership .agreement, (6) the Upper Trinity Regional Water
District would be required to adhere to Denton's pretreatment
regulations and criteria, (7) Denton offered to provide
pretreatment administration, inspection, laboratory testing and
analysis services for customers of Upper Trinity Regional Water
District under separate contract that would fully compensate
Denton for costs of such services, if the Upper Trinity
Regional Water District or its customers did not have such
service available. (8) rates would be based on a methodology
acceptable to the Texas Water Commission and would generally
follow the "Utility,, method of rate making, (9) Denton would
notify the Upper Trinity Regional Water District 90 days prior
to enacting amendments to the rate and (10) the term of the
contract would be from the date of the consummating agreement
to December 31, 1999.
Council Member Ayer stated that it appeared that the earliest
the contract could be terminated would be 24 months. He was
concerned about what would happen if. for example, a new plant
moved to Denton in six months and Denton would be at capacity.
City of Denton City Council Minutes
July 17, 1990
Page 5
Nelson replied that that was why Denton was in the process of
an upgrade of the of the wastewater treatment plant.
Council Member Ayer asked about that schedule.
Nelson replied that a contract would be going to the Utility
Board the following week and to Council after that.
Council Member Ayer asked about the right of a customer to
appeal a rate the City might fix.
Nelson replied that that had already been established by State
law.
5. The Council was to hold a discussion concerning the
After School Action Site Program.
This item was held for the July 31, 1990 Council meeting.
6. The Council was
bridge over the railroad
widening of the Loop.
to hold a discussion concerning the
tracks on Loop 288 and the future
This item was held for the July 31, 1990 Council meeting.
The Council then convened into the Regular meeting at 7:00 pm.
in the Council Chambers.
PRESENT:
Mayor Castleberry; Council Members Ayer, Gorton,
and Hopkins.
ABSENT:
Mayor Pro Tem Boyd; Council Member Alexander and
Trent.
1. The Council considered approval of a resolution of
appreciation for Ray Bunting.
The following resolution was considered:
RP0-O34A
RESOLUTION OF APPRECIATION FOR RAY BUNTING
Gorton motioned, Ayer seconded to approve the resolution. On
roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
City of Denton City Council Minutes
July 17, 1990
Page 6
2. The Council received a status report from the '91
Committee.
Jack Miller, Chair-'91 Committee, stated that the Committee had
been established after the last bond issue. It met three to
four times per year to review how the money was being spent
both for the 1985 and 1986 improvement programs. The Committee
was to' sunset in 1991 as originally all of the bond programs
would have been sold and projects completed in 1991. The
Committee recommended that no additional bonds be issued at
this point no~ in the foreseeable future because in the 1986
issue, it was stated that there would be no tax increases as a
result of servicing for the debt for the bonds. The Committee
also recommended that the money available from the bonds
already sold in 1985 be dedicated for those projects yet to be
completed from 1985 and those from 1986 other than the fire
station on the south side be dedicated for the streets and
drainage. No additional buildings other than the fire station
be built.
Council Member Ayer suggested that newspaper space be bought
and a notice published giving a summary of the Committee's
report for the citizens to know how the money had been spent.
Consent Agenda
Hopkins motioned, Ayer seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid 91120 - Padmount Transformers
2. Bid 91121 - Roof Repair at Power Plant
3. P.O. 998633 - Motorola
4. Ordinances
A. The Council considered adoption of an ordinance
accepting competitive bids and providing for the award of
contracts for the purchase of materials, equipment, supplies or
services. (3.A.1. - Bid 91120)
The following ordinance was considered:
NO. 90-099
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.
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City of Denton City Council Minutes
July 17, 1990
Page 7
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor
Castleberry "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.2. - Bid
~1121)-
The following ordinance was considered:
NO. 90-100
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.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Hopkins "aye," Gorton."aye," Ayer "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
C. The Council considered adoption of an ordinance
providing for the expenditure of funds for purchases of
materials or equipment which are available from one source in
accordance with the provisions of state law exempting such
purchases from requirements of competitive bids. (Item 3.A.3.
- P.O. ~98633)
The following ordinance was considered:
NO. 90-101
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS
FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN
EFFECTIVE DATE.
Ayer motione4, Gorton seconded to adopt the ordinance. On roll
vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
D. The Council considered adoption of an ordinance
of the City of Denton, Texas, providing for one-way traffic
from south to north on the east frontage road of Interstate
Highway 35 between U.S. Highway 77 and the northern city limits
fo= a distance of 24,580 fee~; and ~or one-way ~=a:£ic ~rom
north to south on the west frontage road of Interstate Highway
35 between F.M. 1173 and the northern city limits for a
distance of 26,175 feet.
City of Denton City Council Minutes
July 17, 1990
Page 8
¸6 9
Rick Svehla, Deputy City Manager, stated that approximately
four years ago when the intersection of University Drive and
I35 was being considered for signalization by the Highway
Department, the Department asked the City to one-way the
frontage roads between University and US 77. At that same
time, they asked the County to consider to one-way the roads
~rom US 77 north to the County line. The signal at University
was campleted about three-four years ago. The Council changed
the City's frontage roads at that time to US 77. The ordinance
would extend the one-way traffic from US 77 to the northern
city limits which the City now had jurisdiction over due to an
annexation by the City. The system was designed for better
safety and maneuverability.
The following ordinance was considered:
NO. 90-102
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR ONE-WAY TRAFFIC FROM SOUTH TO NORTH ON THE EAST
FRONTAGE ROAD OF INTERSTATE HIGHWAY 35 BETWEEN U. S.
HIGHWAY 77 AND THE NORTHERN CITY LIMITS FOR A DISTANCE
OF 24,580 FEET; AND FOR ONE-WAY TRAFFIC FROM NORTH TO
SOUTH ON THE WEST FRONTAGE ROAD OF INTERSTATE HIGHWAY
35 BETWEEN F.M. 1173 AND THE NORTHERN CITY LIMITS FOR
A DISTANCE OF 26,175 FEET; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to adopt the ordinance.
The Mayor recognized members of the audience.
Thomas Treatch voiced an objection to the change. He stated
that it would cause extra travel on people living in the area.
The school bus would have to travel a longer route plus it
would be a longer route for his farm equipment to get from one
end of the farm to the other. He stated that there were other
strips being made exceptions for and asked that this one be
included.
Svehla replied that the area by the underpass at US 77 to Hwy
1173 was being excluded temporarily while construction was
underway for the Loop 288 construction. As soon as that
construction was completed, that strip would be signed one-way.
Elizabeth Foster stated that it would be dangerous for the
school bus in bad weather due to the steep hills in the area.
They were not negotiable and felt that the bus would be
endangered traveling that road one-way.
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City of Denton City Council Minutes
July 17, 1990
Page 9
Jack Flat also stated that the hills were dangerous in bad
weather and asked that the roads not be made one-way.
Lloyd Harrell, City Manager, stated that the State had already
signed the road. The ordinance simply gave the Police
Department authority to enforce the one-way traffic.
The Council voted on the motion. On roll vote, Hopkins "aye,"
Gorton "aye," Ayer "aye," and Mayor Castleberry "aye." Motion
carried unanimously.
E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the
Texas State Department of Highways and Public Transportation
for installation of traffic signal controllers on FM 2181 at
the intersection with Interstate Highway 35E in Denton.
Rick Svehla. Deputy City Manager, stated that the agreement
would allow the City to purchase two controllers and timers
that the City would install at the intersection, on both sides
of the bridge, of Teasley Lane and F.M. 2181 and I35. These
needed to be installed now because when construction would
began on F.M.2181, the'overpass on I35 would be rebuilt. This
would signalize the two intersections separately on either side
of the bridge.
The following ordinance was considered:
NO. 90-103
AN 'ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION FOR INSTALLATION OF
TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS
INTERSECTION WITH INTERSTATE HIGHWAY 35E IN DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to adopt the ordinance. On roll
vote, Hopkins "aye," Gorton "aye," Ayer "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
5. Resolutions
A. The Council was to consider approval of a
resolution of the City of Denton, Texas expressing its intent
to Contract to Purchase from the Upper Trinity Regional Water
District a portion of the raw water obtained from the Sulphur
Rive~ Basin by the District by cQnt:act with th~ City of
Commerce and providing for an effective date. (Public Utility
Board recommended approval.)
City of Denton City Council Minutes
July 17, 1990
Page 10
71
This item was postponed until the July 31, 1990 meeting.
B. The Council considered approval of a resolution
of the City of Denton, Texas, authorizing the submission of an
Urban Homesteading Program application to the Department of
Housing and Urban Development: approving an agreement with the
Denton County Housing Finance Corporation to act as the local
urban .homesteading agency to implement the program if funded:
authorizing the City Manager to act as the City's authorized
representative in all matter pertaining to the City's
participation in the Urban Homestead Program.
Barbara Ross, Community Development Coordinator, stated that
the resolution would authorize the application of the City of
Denton to the Department of Housing and Urban Development for
the urban homesteading program. The Denton County Housing
Finance Corporation voted Thursday to approve the agreement
between the City and the Corporation pending a look by their
attorney.
City Manager Harrell stated that the City administrative staff
would be doing all of the administrative work and the actual
administration of the program even though the houses, for title
purposes, would be owned by the Housing Finance Corporation and
then turned over to the respective property owner.
The following resolution was considered:
NO. R90-035
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING
THE SUBMISSION OF AN URBAN HOMESTEADING PROGRAM
APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT: APPROVING AN AGREEMENT WIT THE DENTON
COUNTY HOUSING FINANCE CORPORATION TO ACT AS THE LOCAL
URBAN HOMESTEADING AGENCY TO IMPLEMENT THE PROGRAM IF
FUNDED; AUTHORIZING THE CITY MANAGER TO ACT AS THE
CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS
PERTAINING TO THE CITY'S PARTICIPATION IN THE URBAN
HOMESTEAD PROGRAM; AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned. Gorton seconded to approve the
On roll vote, Hopkins "aye," Gorton "aye," Ayer
Mayor Castleberry "aye." Motion carried unanimously.
resolution.
"aye," and
C. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City
o~ Denton and the Texas Department of Commerce for an
Enterprise Zone (Enterprise Zone I) within the limits of the
City of Denton and extraterritorial ]urisdiction of the City.
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City of Denton City Council Minutes
July 17, 1990
Page 11
Linda Ratliff, Economic Development Coordinator, stated that
the resolutions would approve the contracts for the
establishment of Denton's two enterprise zones. Zone I with
9.11 square miles and Zone II with 7.31 square miles.
Notification had been received from the Texas Department of
Commerce that Denton had been awarded enterprise designation.
The following resolution was considered:
NO. R90-036
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE
(ENTERPRISE ZONE I) WITHIN THE LIMITS OF THE CITY OF
DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE
CITY; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Gorton seconded to approve the resolution.
On roll vote, Hopkins "aye," Gorton "aye." Ayer "aye," and
Mayor Castlebe=ry "aye." Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City
of Denton and the Texas Department of Commerce for an
Enterprise Zone (Enterprise Zone II) within the limits of the
City of Denton and extraterritorial jurisdiction of the City.
The following resolution was considered:
NO. R90-037
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF COMMERCE FOR AN ENTERPRISE ZONE
(ENTERPRISE ZONE II) WITHIN THE LIMITS OF THE CITY OF
DENTON AND THE EXTRATERRITORIAL JURISDICTION OF THE
CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to approve the resolution. On
roll vote, Hopkins "aye," Gorton "aye." Ayer "aye," and Mayor
Castleberry "aye." Motion carried unanimously.
6. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. The monthly budget ~ecap was p:~sent~d in the
agenda back-up for Council's information. A fair amount of
money had been spent at the landfill during the last several
months in order to meet the requirements of the State Health
Department. ~
City of Denton City Council Minutes
July 17, 1990
Page 12
73
B. There would be a July 31, 1990
with formal budget presentations from the
recipients.
Council meeting
hotel/motel tax
C. John McGrane presented a concern from the City of
Lewisville dealing with the budget of the Denton Central
Appraisal District. By law the District had to submit their
budget to tke various taxing entities. The City of Lewisville
had several areas of concern (1) as Lewisville was in a similar
situation as Denton with no probable employee salary increases,
the District was proposing a 3-5% salary increase, (2) a
mileage/car allowance concern, (3) a proposal by the District
to do current tax collections for those entities which did not
have that capability or which wanted to improve those
capabilities, which appeared that the collection program was
being subsidized from the appraisal side and (4) the amount of
increase over last year which for the City of Denton might be
responsible for, involved an increased cost of $26,800/$31,509
due to the amount of salary increase. Lewisville asked if the
City of Denton would'be interested in joining them in attending
a District Board meeting and expressing those concerns as a
group.
Consensus of Council was to proceed with expressing the City's
concerns.
7. There was no official action taken during the Work
Session Executive Session.
8. New Business
There were no items of New Business suggested by Council
Members for future agendas.
9. The Council did not meet in Executive Session during
the Regular Session.
With no further business the meeting was adjourned.
Cl~ SECt~ETARY
CITY OF DENTON, TEXAS
3283C