Minutes September 18, 1990CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 18, 1990
179
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry: Mayor Pro Tem Boyd: Council
Members Alexander, Ayer, Gorton, Hopkins and
Trent.
ABSENT': None
1. The Council convened into the Executive Session to
discuss legal matters (considered action in County vs. City),
real estate, and personnel/board appointments (considered
appointments to the Zoning Task Force, to the Public Utilities
Board and the Planning and Zoning Commission).
2. The Council held a discussion concerning the bridge
over the railroad tracks on Loop 288 and the future widening of
the Loop.
Lloyd Harrell, City Manager, stated that about a month and a
half ago, staff presented Council with a request from the State
Highway Department asking the City to give comments concerning
a project which would eliminate the overpass on Loop 288 near
Colorado. The Highway Department was requesting input prior to
making a decision regarding the overpass. By eliminating the
overpass, the Highway Department could save approximately $2
million on the construction project. Staff was recommending a
compromise recommendation that should satisfy everyone
concerned. The compromise would involve indicating to the
Highway Department that the City had no objection to proceeding
with doing away with the overpass provided three conditions
were met (1) the current railroad tracks be left in place and
an at-grade crossing be included, (2) should the City require a
separated pedestrian/bike crossing at this location, such would
be permitted by the State and (3) should some type of rail
and/or mass transit system desire to construct a separated
crossing at some time in the future, such would be permitted by
the Highway Department. Staff felt that such an arrangement
would be acceptable to the Highway Department and would be a
positive message to send to them.
Jerry Clark, City Engineer, stated that there was never an
intention to abandon the tracks. The idea was to go over the
tracks or to do an at-grade crossing.
3. The Council held a discussion regarding the Denton
Central Appraisal District (DCAD) 1990-91 Budget as submitted
to the City for consideration.
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City of Denton City Council Minutes
September 18, 1990
Page 2
John McGrane, Executive Director for Finance,
proposed budget for the DCAD was
back-up materials and also
entities regarding approval
entity, Denton County, had
budget. Most of the other
planned not to take action.
take any type of action.
stated that the
presented in the agenda
a survey of some of the local
of the DCAD budget. Only one
taken action to disapprove the
jurisdictions were undecided or
There was a 30 day limitation to
Joe Rodger, DCAD, presented an update of the budget. He
presented the functions of the DCAD and why the District needed
the budget it proposed. The District had 42 people working
143,000 accounts with each account having approximately 30
items of information. Each account had to stand a test
against the State Property Tax Board audit, the Appraisal
Review Board, any possible lawsuits, and the City/County/School
Districts. The District's goals were to maintain 100% of
market value and to give each tax payer equalization by giving
100% of market value. There was a lot of research required for
100% of market value on property. If the District couldn't
maintain qualified people, it was hard to do correct
appraisals. Currently the District had 22 appraisers with the
rest of the employees being support employees. The last two
years the District had been audited by the State Property Tax
Board and had been at 100% of market value. In order to
continue doing a good job, the District needed the budget it
proposed. The budget was a bare bones budget which provided
only a 3% salary increase for employees. The District was
competing with other districts to keep good employees.
Council Member Trent asked about the salary line item - were
there any other benefits included in the salaries.
Joe Forsythe stated that the salaries were listed on page 41 of
the budget. Added to the salaries was a $350 per month expense
allowance plus retirement and longevity.
Council Member Trent asked who received a car allowance.
Forsythe replied everyone who drove a vehicle to work for work
purposes.
Council Member T~ent asked about the second effice.
Forsythe replied three people worked out of that office with
the car allowance being paid out of the collection fund.
Mayor Pro Tem Boyd asked how the Denton portion of the budget
was determined.
City of Denton City Council Minutes
September 18, 1990
Page 3
Forsythe replied it was proportioned by the tax levy.
Council Member Ayer asked for the amount of percentage increase
the City was being assessed this year.
Forsythe replied it was 17.5% over the 1990 budget. There were
two factors involved (1) the current year used $58,705 of the
fund balance to hold down the 1990 costs and (2) the law now
required that when a taxing entity paid the Appraisal District
during the year, any of those funds not spent during that year
had to be credited the next year to the taxing jurisdiction.
Therefore, there was an artificial suppression of the 1990
payment due to those two factors.
Council Member Trent asked about the problem with Denton
Savings.
Rudy Durham replied that it was simply a matter of it being
left off the roles. A mistake was made and that was all there
was to it.
Council Member Trent asked what steps could be done to make
sure it would not happen again.
Durham replied it could happen somewhere else due to the amount
of accounts they had to work with/ The District could not
guarantee it would not happen again~
Mayor Castleberry thanked the representatives of the District
for their presentation.
4. The Council discussed and gave staff direction
concerning the opening of City Council meetings.
Lloyd Harrell, City Manager, stated that staff had surveyed
area cities to determine how others opened their meetings.
Nine cities had been called and the County and found that it
was basically based on the will of the Council. There was
nothing in the Charter or Rules of the Council concerning the
pledge before the meetings.
Council Member Trent expressed a preference to begin the
regular session of each council meeting with the Pledge of
Allegiance.
Council Member Gorton asked how it would be implemented.
Debra Drayovitch, City Attorney, stated that the Rules and
Procedures would have to be updated with an amending ordinance.
Consensus of the Council was to direct staff to prepare an
ordinance to amend the Rules and Procedures.
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City of Denton City Council Minutes
September 18, 1990
Page 4
The Council convened into the Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Boyd; Council
Members Alexander, Ayer, Gorton, Hopkins and
Trent.
ABSENT:
regular meeting of July 10, 1990.
None
The Council considered approval of the minutes of the
Gorton motioned, Trent seconded to approve the minutes as
presented. Motion carried unanimously.
The Council considered Item ~4.
Presentation of Yard of the Month Awards
Mayor Castleberry presented Yard of the Month Awards to J. B,
and Pearl Wooten, Ernestine Riley, Michael's/MJ Designs,
Raymond Powell and Shirley Sisk.
The Mayor presented the following proclamations:
PTA Month
American Business Women's Day
Certified Professional Secretary's Month
Jazziest Day
The Council returned to the regular agenda order.
2. The Council received a citizen report from Matt Soltis
regarding the Loop 288 railroad overpass.
Mr. Soltis was not present at the meeting for his report.
3. The Council received a citizen report from Bob Mizell
regarding the Loop 288 railroad overpass.
Mr. Mizell stated that the staff recommendation was agreeable
to the Committee and appreciated the staff for its time and
effort on the £ssue.
4. Item %4 was considered earlier in the meeting.
5. Consent Agenda
Ayer motioned, Alexander seconded to approve the Consent Agenda
as presented. Motion carried unanimously.
City of Denton City Council Minutes
September 18, 1990
Page 5
A. Bids and Purchases
Bid #1139 - Paper (Office & Xerographic)
Bid ~1141 - Printout Paper
Bid ~1142 - Portable Cellular Telemetry
Equipment
Bid ~1i44 -_Janitorial Services
Bid %1145 - Install Insulation and Lagging
Bid ~1146 - Asbestos Removal
5. 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. (5.A.1. - Bid ~1139, 5.A.2. - Bid ~1141, 5.A.3. -
Bid %1142, 5.A.4. - Bid ~1144, 5.A.5. - Bid ~1145, 5.A.6. - Bid
~1146)
The following ordinance was considered:
NO. 90-134
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.
Gorton motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
B. The Council considered adoption of an ordinance
amending Section 5-176 of Chapter 5, Article V (Building Code)
of the Code of Ordinances of the City of Denton relating to
fencing and gate requirements for swimming pools; providing for
a penalty in the maximum amount of $500.00 for violations
thereof; providing for a severability clause; and providing a
repealing clause. (The Building Code Board recommended
approval.)
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City of Denton City Council Minutes
September 18, 1990
Page 6
Lloyd Harrell, City Manager, stated that the ordinance was back
on the agenda as it was postponed at the last meeting to a date
certain which was the present meeting. During the last two
weeks, Council Member Hopkins had made an observation regarding
the spacing requirements for the pool fencing. She raised some
real concerns regarding the cost associated with the ordinance
as proposed. Staff was recommending to Council that the
ordinance be referred back the the Building Code Board for
review of the data.
Hopkins motioned, Ayer seconded to table the ordinance and
refer it back to the Building Code Board for review. On roll
vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
C. The Council considered adoption of an ordinance
adopting the budget for the City of Denton, Texas, for the
fiscal year beginning on October 1, 1990, and ending on
September 30, 1991.
Lloyd Harrell, City Manager, stated the ordinance would
formally adopt the budget for the next fiscal year.
The following ordinance was considered:
NO. 90-135
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF
DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 1990, AND ENDING ON SEPTEMBER 30, 1991; AND
DECLARING AN EFFECTIVE DATE.
Gorton motioned, Alexander seconded to adopt the ordinance.
Council Member Trent stated that there had been a comment made
earlier that it was too bad that people did not show up for the
budget public hearing. He felt that was not totally correct.
In his estimation, the Council was not listening to the tax
payers. His calls and letters showed that the citizens were
concerned. The Council did not consider the adjusted proposed
budget staff presented and went directly to the effective
budget without discussion. He felt that other areas should
have been looked at and was not happy with the budget. He
requested a roll call vote on the ordinance.
A member of the audience asked if the Council was going to
allow the audience to speak.
City of Denton City Council Minutes
September 18, 1990
Page 7
On roll call vote, Trent "nay," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried with a 6-1 vote.
Mayor Castleberry replied that the public hearing was two weeks
ago and would not allow speakers at this time.
D. The Council considered adoption of an ordinance
levying the ad valorem tax of the City of Denton, Texas, for
the 1990, on all taxable property within the corporate limits
of the City on January 1, 1990, not exempt by law; providing
revenues for payment of current municipal expenses, and for
interest and sinking fund on outstanding City of Denton bonds;
providing for limited exemptions of certain homesteads:
providing for enforcement of collections; and providing for a
severability clause.
Lloyd Harrell, City Manager, stated that the ordinance (1) set
the tax rate for the next year at $.6551 per $100 valuation
which was just under the effective rate and (2) increased the
over 65 exemption by $1000.
The following ordinance was considered:
NO. 90-136
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF
DENTON, TEXAS, FOR THE YEAR 1990, ON ALL TAXABLE
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON
JANUARY 1, 1990, NOT EXEMPT BY LAw: PROVIDING REVENUES
FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR
INTEREST AND SINKING FUND ON OUTSTANDING CITY OF
DENTON BONDS: PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS: PROVIDING FOR ENFORCEMENT OF
COLLECTIONS: PROVIDING FOR A SEVERABILITY CLAUSE: AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to adopt the ordinance.
Council Member Trent asked for a clarification of vote. A vote
against the tax rate would also be a vote against the increased
exemption.
Debra Drayovitcho City Attorney, replied yes. She had seen a
vote for one portion and a vote against another portion.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried unanimously.
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City of Denton City Council Minutes
September 18, 1990
Page 8
E. The Council considered adoption of an ordinance
amending the schedule of rates for water service. (Public
Utilities Board recommended approval.)
Lloyd Harrell, City Manager, stated that Items E, F, G, and H
implemented decisions made by Council in the 1990-91 budget.
Council Member Hopkins stated that in view of a recent legal
report to Council regarding particular rates which were
assessed to certain classes at different rates, how would that
affect the rates.
Mayor Pro Tem Boyd stated that the budget would balance if that
category were omitted as that category would go on to another
category.
Boyd motioned, Trent seconded to table Items 6.E. and 6.F.
until after the Executive Session. On roll vote, Trent "aye,"
Alexander "aye," Hopkins "aye," Cotton "aye," Ayer "aye," Boyd
"aye," and Mayor Castleberry "aye." Motion carried unanimously.
F. Item F. was tabled until after the Executive
Session.
G. The Council considered adoption of an ordinance
establishing rates for residential,~and commercial sanitation
collection services as authorized by Chapter 12 of the Code of
Ordinances of the City of Denton. (Public Utilities Board
recommended approval.)
The following ordinance was considered:
NO. 90-139
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES
FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION
SERVICES AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN
EFFECTIVE DATE.
Boyd motioned, Ayer seconded to adopt the ordinance.
vote, Trent "aye," Alexander "aye," Hopkins "aye,"
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
Motion carried unanimously.
On roll
Gorton
"aye."
H. The Council considered adoption of an ordinance
establishing rates for the use of the City's Sanitary Landfill
site as authorized by Chapter 12 of the Code of Ordinances of
~h~ City of Donjon. (Public Utilities Board recommended
approval.)
City of Denton City Council Minutes
September 18, 1990
Page 9
The following ordinance was considered:
NO. 90-140
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES
FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS
AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE
DATE.
Ayer motioned, Alexander seconded to adopt the ordinance.
Gorton motioned, Ayer seconded to amend the ordinance by
striking the references to Bronco I, Suburban, and Blazers from
the type of vehicles. On roll vote, Trent "aye," Alexander
"aye," Hopkins "aye," Gorton "aye," Ayer "aye," Boyd "aye," and
Mayor Castleberry "aye." Motion carried unanimously.
Council voted on the main motion as amended. On roll vote,
Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
I. The Council considered adoption of an ordinance
of the City of Denton, Texas, prohibiting the parking of
vehicles on the south side of West Oak Street, from its
intersection with Denton Street to a point 77 feet east of the
east right-of-way line of Denton Street, for a distance of 77
feet. (Citizen Traffic Safety Support Commission recommended
approval.)
The following ordinance was considered:
NO. 90-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON THE SOUTH SIDE OF WEST OAK
STREET, FROM ITS INTERSECTION WITH DENTON STREET TO A
POINT 77 FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF
DENTON STREET, FOR A DISTANCE OF 77 FEET: PROVIDING A
SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE.
Boyd motioned, Alexander seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
J. The Council considered adoption of an ordinance
of the City of Denton, Texas, prohibiting the parking of
vehicles on both sides of U.S. Highway 380 East, from Riverside
Drive to Rock Hill road. (Citizen Traffic Safety Support
Commission recommended approval.)
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City of Denton City Council Minutes
September 18, 1990
Page 10
Rick Svehla, Deputy City Manager, stated that this ordinance
was a result of a citizen request.
Council Member Gorton asked if Rock Hill Road was the City
limit line or was the top of the crest. If it were the top of
the crest, he would,like to see the ordinance extended all the
way up to the top of the hill. If it were not in Denton's city
limits, he would like ~he City to contact Cross Roads to see if
they would extend the no parking.
The following ordinance was cqnsidered:
NO. 90-142
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING
THE PARKING OF VEHICLES ON BOTH SIDES OF U.S. HIGHWAY
380 EAST, FROM RIVERSIDE DRIVE TO ROCK HILL ROAD;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
Boyd motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
7. Resolutions
A. The Council considered approval of a resolution
approving year-end budget adjustments for FY 1989-90.
Lloyd Harrell, City Manager, stated that this item was done
each year for overages in line items prior to the close of the
fiscal year.
The following resolution was considered:
NO. R90-048
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL
YEAR 1989-90: AND DECLARING AN EFFECTIVE DATE.
Ayer motioned, Gorton seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkfn~ "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
~he City of Denton, Texas, and the Department of the Army,
Corps of Engineers establishing procedures for hydropower
operations at Lewisville Dam. Ferc 3940 (Public Utilities
Board recommended approval.)
City of Denton City Council Minutes
September 18. 1990
Page 11
189
Bob Nelson, Executive Director for Utilities, stated that this
item had been presented to Council once before. However, the
Corps had made some minor wording changes and needed Council to
approve a new resolution.
The following resolution was considered:
NO. R90-049
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION AT
LEWISVILLE DAM; AND PROVIDING FOR AN EFFECTIVE DATE.
Trent mQtioned, Ayer seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
C. The Council considered approval of a resolution
authorizing the City Manager to execute an agreement between
the City of Denton, Texas, and the Department of the Army,
Corps of Engineers, establishing procedures for hydropower
operation at Lake Ray Roberts Dam. Ferc ~3939 (Public
Utilities Board recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that this
item was the same as the previous except for this was for the
Lake Ray Roberts Dam.
The following resolution was considered:
NO. R90-050
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
ESTABLISHING PROCEDURES FOR HYDROPOWER OPERATION AT
LAKE RAY ROBERTS DAM; AND PROVIDING FOR AN EFFECTIVE
DATE.
Alexander motioned, Ayer seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried unanimously.
D. The Council considered approval of a resolution
authorizing the City Manager to execute documents for the
Traffic Management Grant Application and Agreement.
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City of Denton City Council Minutes
Septemberl8, 1990
Page 12
Rick Svehla, Deputy City Manager, stated that this resolution
would allow staff to apply for a number of grants for traffic
management.
The following resolution was considered:
NO. R90-051
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT
APPLICATIONS TO THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION FOR A TRAFFIC MANAGEMENT GRANT;
AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Ayer seconded to approve the resolution.
On roll vote, Trent "aye," Alexander "aye," Hopkins "aye,"
Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Castleberry
"aye." Motion carried unanimously.
E. The Council considered approval of a resolution
to disapprove the Denton Central Appraisal District (DCAD)
1990-91 Budget as provided for by Sec. 6.06 of the Texas
Property Tax Code.
Council Member Alexander stated that the discussions with the
representatives from the Appraisal District were very helpful
and suggested that they be invited back earlier next year for a
better evaluation of their budget.
Council Member Ayer stated that he still had a small concern
with regards to why the City's contribution was going up 17%
next year and that there was not that much increase in the
budget.
John McGrane, Executive Director for Finance, stated that the
amount that they had given the City that they anticipated would
be the City of Denton's contribution was based upon a
percentage of this year's total tax assessment.
Lloyd Harrell, City Manager, stated that a good part of the
reason that there was such a substantial increase was that this
year the District had used a portion of their fund reserve to
fund their budget. Fees needed to be increase this year in
o~de~ to fund the budget.
Council Member Gorton asked if 19 entities would disapprove the
District's budget, did they have to resubmit a new budget or
revert back to last year's budget.
McGrane replied they would have to submit a new budget.
City of Denton City Council Minutes
September 18, 1990
Page 13
Mayor Pro Tem Boyd stated that the District did not have many
of the controls that the City did when working with its
budget. The only restraint the District had on its budget was
the disapproval of the budget by the taxing entities.
The following resolution was considered:
NO. R90-052
A RESOLUTION OF THE CITY OF DENTON, TEXAS,
DISAPPROVING THE 1991 BUDGET OF THE DENTON CENTRAL
APPRAISAL DISTRICT: AND DECLARING AN EFFECTIVE DATE.
Boyd motioned, Gorton seconded to approve the resolution. On
roll vote, Trent "aye," Alexander "aye," Hopkins "aye," Gorton
"aye," Ayer "aye," Boyd "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
8. The Council held discussion and gave staff appropriate
direction concerning the future widening of Loop 288 and the
railroad overpass.
Lloyd Harrell, City Manager, stated that staff, upon approval
by the Council, would correspond with the Highway Department
giving approval to remove the overpass on Loop 288 provided
that the following three conditions were followed: (1) the
current railroad tracks be left~ in place and an at-grade
crossing be included, (2) should the City require a separated
pedestrian/bike crossing at this location, such would be
permitted by the State, and (3) should some type of rail and/or
mass transit system desire to construct a separated crossing at
some time in the future, such would be permitted by the Highway
Department.
Boyd motioned, Hopkins seconded to approve staff's
recommendation as noted by City Manager Harrell. On roll vote,
Trent "aye," Alexander "aye," Hopkins "aye," Gorton "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
9. The Council considered a motion to approve in
principle an agreement with the Greater Denton Arts Council
regarding the old Campus Theater and direct the City Attorney
to draft a formal contract.
Lloyd Harrell, City Manager, stated that staff needed the
Council to go on record as agreeing in principle with the
points of the agreement which were discussed at a previous
meeting and that Council instruct the City Attorney to prepare
a formal contract with the Greater Denton Arts Council to
implement the agreement.
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City of Denton City Council Minutes
September 18, 1990
Page 14
Gotten motioned, Alexander seconded to direct staff to draft
the documents outlined in the agreement. On roll vote, Trent
"aye," Alexander "aye," Hopkins "aye," Gotten "aye," Ayer
"aye," Boyd "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
10.
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. The City Attorney and Assistant to the City
Manager had been meeting with the various Boards and
Commissions per Council's request.
B. Reminder that the Council would be meeting
jointly with the Denton Independent School Board on Wednesday
at noon at the Sheraton.
C. Rick Svehla, Deputy City Manager, presented an
update from the State Highway Department concerning highway
construction scheduling. Svehla stated that due to the severe
financial condition of the Highway Department many projects in
Denton were being delayed. Teasley Lane would be moved back at
this time but had not mentioned Fort Worth Drive or Hwy. 377.
One piece of good news was the Highway--Department would be
redoing the signals at Loop 288 and Hwy. 380. In the spring of
next year, a contract for Acme Street and Fort Worth Drive
would be let. Avenue D and I35 overpass would be signalized.
Mayor Castleberry stated that the University Drive project to
beautify the medians would begin approximately October 1, 1990.
Mayor Castleberry stated that the intent of the orientation
program for the Boards and Commissions was to acquaint new
members on what the duties of a particular board/commission
were. The portion of the orientation dealing with open
meetings which was noted in the newspaper was misunderstood and
taken out of context. The open meetings section was a portion
of the orientation.
11. There was no official taken on items discussed during
the Work Session Executive Session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent requested a report from
staff regarding the new sign ordinance.
City of Denton City Council Minutes
September 18, 1990
Page 15
Jesus Nava, Assistant to the City Manager, stated that there
had been a recent meeting in which five items were being
discussed. There was agreement on three of the items and two
items, the height and face change out of the signs, were still
being negotiated. .The three items were ready to go the
Planning and Zoning Commission for discussion.
13. The Council. c~nvened into the Executive Session to
discuss legal matters (considered action in County vs. City),
real estate, and personnel/board appointments (considered
appointments to the zoning Task Force, to the Public Utilities
Board and the Planning and Zoning Commission).
The Council returned to open session at took the following
action:
A. Boyd motioned, Hopkins seconded to remove Item
6.E. from the table. Motion carried unanimously.
The following ordinance was considered:
NO. 90-137
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER
SERVICE; PROVIDING A SEVERABILITY CLAUSE: AND
PROVIDING FOR AN EFFECTIVE DATE.
Boyd motioned, Ayer seconded to amend the ordinance to exclude
Schedule WRW. Motion carried unanimously.
B. Boyd motioned, Alexander seconded to remove Item
6.F. from the table, Motion carried unanimously.
The following ordinance was considered:
NO. 90-138
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SEWER
SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Boyd motioned, Hopkins seconded to amend the ordinance to
exclude Schedule SRW. Motion carried unanimously.
C. Ayer motioned, Boyd seconded to appoint Carol
Ridens to the Public Utilities Board to fill the unexpired term
of Robert LaForte. Motion carried unanimously.
193
With no further business, the meeting was adjourned.
1,94
City of Denton City Council Minutes
September 18, 1990
Page 16
~iF~ WALTE.S
TY SECRETARY
CITY OF DENTON
CITY OF DENTON, TEXAS/
3304C