Minutes July 16, 1991193
CITY OF DENTON CITY COUNCIL MINUTES
JUly 16, 1991
The Council convened into the Work Session at 5'15 p.m. in the
Civil Defense Room. '
PRESENT:
Mayor Castleberry; Mayor Pro Tem Hopkins; Council
Members Chew, Perry, Smith and Trent.
ABSENT: Council Member Alexander
1. The Council convened into the Executive Session to
discuss legal matters (considered action regarding the claim of
Michael Wilson), real estate, and personnel/board appointments
(considered appointments to all City of Denton Boards
Commissions and Task Forces). ' ' '
2. The Council received a report and held a discussion
regarding a review of the Denton Central Appraisal District,s
budget.
Harlan Jefferson, Treasurer, stated that last year the Council
had disapproved the Denton Central Appraisal District,s. budget
because it significantly increased over the previous year's
budget. The 1992 proposed budget had an 8.6% increase. The
reasons for the increase were different from the previous
year. Last year the increase was due to salary adjustments.
This year the increases were due to changes mandated by the
State Legislature. These changes included a new record
management act, an agent of record form and a change in the
availability of records during the appraisal hearing process.
The City's allocation to the District would increase from
$160,200 to $168,467. Staff was needing direction from Council
on how to approach this budget - whether to present the City's
concerns at the upcoming public hearing, to formally disapprove
the budget or to take no action regarding approval or
disapproval of the proposed budget.
Council Member Trent asked about the number of appraisers the
District had.
Jefferson stated that the District had 47 employees.
Council Member Trent asked how many pieces of property each
appraiser had to handle each year.
John McGrane, Executive Director for Finance, stated that there
were 13 appraisers for the entire County.
Jefferson asked if Council had any questions it wished to be
raised during the upcoming public hearing.
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City of Denton City Council Minutes
July 16, 1991
Page 2
Council Member Perry asked if this was a reasonable budget.
McGrane replied that staff could do some type of comparisons
with different appraisal districts.
Consensus of the Council was to not approve or disapprove the
budget. The City would not make any comments regarding the
budget.
3. The Council received comments and gave further
directions regarding the Major Budget Issues Report.
Lloyd Harrell, City Manager, stated that there were two
questions raised during the presentation of the Major Budget
Issues Report. Staff had responded to those questions
regarding the percentage of ambulance billing and exit
interview reasons. He asked Council if they had additional
questions or information they needed before the start of the
budget process.
Council Member Perry asked for a survey of cities the same si~e
of Denton .regarding what they did for human services in ter~s
of ways and means as well as dollars.
The Council reconvened into the Executive Session.
The Council convened into the Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT:
Mayor Castleberry; Council Members Chew, Perry,
Smith and Trent.
ABSENT: Mayor Pro Tem Hopkins; Council Member Alexander
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Pro Tem Hopkins joined the meeting.
2. The Council considered approval of the minutes of the
Special Call meeting of June 25, 1991 and the Regular Meeting
of July Z, 1991.
Trent motioned, Perry seconded to approve the Minutes as
presented. On roll vote, Trent "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
City of Denton City Council Minutes
July 16, 1991
Page 3
195
3. The Council received a report from Dianne Edmondson
representing the State Relations Committee - Denton Chamber of
Commerce.
Ms. Edmondson stated that her remarks would be regarding the
redistricting issue. July 15 was the deadline for accepting
the new census figures. Those figures were not accepted by the
United States Secretary of Commerce. The Attorney General for
the State of Texas was planning on filing a lawsuit over the
issues. There were approximately 30 other lawsuits which would
also be filed regarding this issue. The figures had never been
changed and the chances of having the figures changed this year
were remote. If the law suit was successful, a special session
would be required of the Legislature to deal with
redistricting. In 1992, the City of Denton would have new
representation as the City had been divided among three
different districts. The Chamber of Commerce felt it was time
to try and make the best of the situation. The State
Government Relations Committee had a plan which had been
approved by the Board of Directors to help make Denton an
important part of each district. September 26, 1991 had been
designated as Senator Steve Carriker Day. She asked
Council to approve a proclamation for that day to demonstrate
how important he was to Denton.
4. Presentation of Yard of the Month Awards.
Mayor Castleberry presented the Yard of the Month Awards to Mr.
and Mrs. Beverly A. Peel, Ray and Trudy Cryder, Harold and
Peggy Duncan, and HCA Denton Community Hospital.
Public Hearings
A. The Council held a public hearing and considered
adoption of an ordinance amending a Detai. led Plan on a portion
of Planned Development No. 8 for the purpose of reconfiguring
the building footprint and reducing the overall gross square
footage of the buildings on property located on the northeast
corner of N. Elm (Highway 77) and Fallmeadow. (The Planning
and Zoning Commission recommended approval 5-0 at its June 12,
1991 meeting.). Z-91-006
The Mayor opened the public hearing.
Josh Joserand, representing the owner, stated that they were
requesting zoning for a convenience store on the property.
No one spoke in opposition.
The Mayor closed the public hearing.
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City of Denton City Council Minutes
July 16, 1991
Page 4
Karen Feshari, Urban Planner, stated that this was a request to
amend a portion of Planned Development No. 8 Detailed Plan for
the purpose of reconfiguring the layout of the plan in order to
allow for a convenience store with gasoline pumps. The
property was located in a low intensity area. At the time of
platting, sidewalks would be required along the frontages of
Fallmeadow and North Elm. An executed and recorded declaration
of restriction would be required for shared parking prior to an
issuance of a bUilding permit. The applicant was requesting a
change of the building footprint from one building to two
separate buildings reducing the square footage. The reduction
of the square footage would also reduce the allocation of
intensity trips. In addition, the amended site plan reflected
a reduction of height of the buildings.
The following ordinance was considered:
NO. 91-100
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDIN~
THE DETAILED PLAN APPROVED BY ORDINANCE NO. 86-121 FQR
A PORTION OF PLANNED DEVELOPMENT DISTRICT NO. 8,
LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY 77 AND
FALLMEADOW STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF:
AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance.
vote, Trent "aye," Hopkins "aye,', Smith "aye,,, Chew
Perry "aye,', and Mayor Castleberry "aye." Motion
unanimously.
On roll
"aye,,,
carried
B. The Council held a public hearing and considered
approval of a resolution amending the Denton Development Plan
Concept Map by extending the northwest urban center south along
Interstate 35N (The Planning and Zoning Commission recommended
approval 5-0 at its June 12, 1991 meeting).
Karen Feshari, Urban Planner, stated that the request amended
the intensity area of the Denton Development Plan from low
intensity to the urban center on 76.37 acres. In conjunction
with the resolution was an ordinance rezoning 245.8 acres from
the Agricultural District to Planned Development District and
approval of a development plan for the purpose of a mixed use
development consisting of office, retail, commercial,
manufacturing, and institutional uses. The development was
located at the intersection of IH-35 and Loop 288. The
connection of the development to Bonnie Brae to provide access
to northwest Denton was a key design element ~ha~ would be
correctly staged to limit impacts on the existing Westgate
neighborhood. The utilities were generally accepted but would
City of Denton City Council Minutes
July 16, 1991
Page 5
197
be analyzed at great length at the time of the detailed plan
stage. The development would also create the need for drainage
improvements. Off-site drainage concerns would be addressed
with off-site improvements or on-site retention. There was
concern with drainage to the south and to the north near U.S.
77. The exact location of the detention areas, capacities, and
area would be defined at the detailed plan and platting
phases. The Westgate neighborhood had requested the southern
pond be designed as a retention facility. This request to
increase the boundaries of the urban center would not have a
negative impact to the health, welfare, and safety of the
community. The zoning in the northern urban center was
consistent with the balanced growth policies of the Denton
Development Plan. Many of the staff's concerns were resolved
at the Panning and Zoning Commission meeting. The applicant
had made appropriate changes to reflect the recommendation of
the Planning and Zoning Commissioners. Main issues considered
at the Planning and Zoning Commission meeting were intensity
boundary modifications, compatibility with existing and
planned/zoned low intensity uses on the east and south sides qf
the proposed development, alternative pedestrian access
condition, and 1-35 setbacks. The developer had agreed %o
erect a brick wall, six feet in height along the Wes,tgate
Addition property boundary. The condition which the Planning
and Zoning Commission recommended was that a public hearing be
conducted at the detailed plan stage for any part of the
development. However, upon review, the Legal Department
believed that this requirement may not be legal and the
applicant had imposed a condition upon himself requiring a
public hearing during the detailed plan stage for certain
uses. This was considered acceptable by the Legal Department.
The Mayor opened the public hearing.
Don Dillard, Rancho Vista Development Company, stated that they
had been working very closely with staff, the Development
Review Committee, a work session with the Planning and Zoning
Commission, two neighborhood meetings and a public hearing at
the Planning and Zoning Commission. The development consisted
of 245 acres at the intersection of two major roadways. They
were trying to get business zoning on the property with no
residential zoning. Attention had been given to working a
transition from the commercial areas' to the adjoining
residential areas. The height standards were below the
existing standards. The neighborhood voted on the type of
screen wall which would buffer the neighborhood. In addition,
there would be an area of 300' of one-story office buildings
and an additional 200' beyond that of two-story office
buildings. This would give the neighborhood protection and a
good transition. The development was consistent with the
Denton Development Plan.
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City of Denton City Council Minutes
July 16, 1991
Page 6
Kelvin Redfoot stated that originally at the Planning and
Zoning Commission meeting he was in opposition to the
development because of the way the Planning Department posted
the zoning request signs. Concerns of the neighbors along
Bauer Drive, in the northern portion of the Westgate
Subdivision, included traffic, congestion, the poor condition
of Payne, child safety at road crossing points due to increased
traffic, and a proper landscape buffer. While he was not in
the immediate neighborhood, he was still affected by it. The
traffic congestion and landscape buffer were the major concerns
of his neighborhood.
Mayor Pro Tem Hopkins asked where his section of the
neighborhood was located to the proposal.
Redfoot replied he was approximately 1000-1500, south and east
of the Westgate Subdivision - on the north side of Payne.
Carlos Blanco stated that he welcomed business to Denton but
was concerned with the quality of life in the area. Children
rode bikes in the area and after the development, that would he
hard to do due to an increase in traffic. He proposed that
Westgate and Payne be blocked off to dead end which would
relieve traffic to the neighborhood. Only secondary access
would be allowed in the area and primary business access would
be elsewhere.
Joyce Poole felt that there was too short a distance between
U.S. 77 and the proposed road through the development. To
block off Westgate and Payne would create too much congestion
in the area.
The petitioner was allowed a five minute rebuttal.
Dillard stated that the wall detail was included in the agenda
packet. The neighborhood was given the option of either a wall
or a landscape element such as a berm or trees. The
neighborhood chose the wall.
Council Member Trent asked how the development would address
the traffic and safety concerns.
Dillard replied that most traffic would go back to Highway 35
and not through the neighborhood. There would be some traffic
through Westgate but not an extreme amount. Dillard added that
before any development started south of Westgate, the brick
wall would be in place.
The Mayor closed the public hearing.
City of Denton City Council Minutes
July 16, I991
Page 7
Feshari stated that there was a landscape ordinance in place
and when a detailed plan was submitted, the developer would
have to comply with the ordinance. There would be a 40'
setback on I35, 20' for landscaping. The rest would be for
parking with some landscaping included.
The following resolution was considered:
NO. R91-043
A RESOLUTION AMENDING THE CONCEPT MAP OF THE DENTON
DEVELOPMENT PLAN BY EXPANDING THE BOUNDARIES OF THE
NORTHERN URBAN CENTER: AMENDING THE BOUNDARIES OF
INTENSITY AREA 19 OF APPENDIX A OF THE DENTON
DEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Chew seconded to approve the resolution. On
roll vote, Trent "aye," Hopkins "aye,', Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously. ~
C2 The Council held a public hearing and considered
adoption of an ordinance for the rezoning of a 245.8 acre tract
from the Agricultural district to the Planned Development
district and approving a Development Plan for a mixed use
development consisting of office, retail, commercial,
manufacturing, and institutional uses on property located in
the northeast and southeast quadrants of I35N and Loop 288
(under construction). (The Planning and Zoning Commission
recommended approval 5-0 at its June 12, 1991 meeting.) Z-91-004
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 91-101
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
CHANGE FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 245.8 ACRES OF LAND LOCATED ON THE
EAST SIDE OF U.S. INTERSTATE HIGHWAY 35W AND NORTH AND
SOUTH OF LOOP 288; APPROVING A DEVELOPMENT PLAN FOR
THE DISTRICT: AND PROVIDING FOR AN EFFECTIVE DATE.
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Page 8
Hopkins motioned. Chew seconded to adopt the ordinance. On
roll vote, Trent "aye," Hopkins "aye,,, Smith "aye,,, Chew "aye.,,
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
D. The Council held a public to consider approval of
the preliminary and final replats of the Cooper Landing
Subdivision; from Lots 6A and 6B: Block 1; into Lot 6R. The
.196 acre site was on the northwest corner of Windsor Drive and
Cedar Hill Road. (The Planning and Zoning Commission
recommended approval 5-0 at its June 26. 1991 meeting.)
Owen Yost, Urban Planner, stated that the .196 acre tract was
located on the northwest corner of Windsor Drive and Cedar Hill
Road. It was part of Planned Development 72. The amendment
would allow single-family use on this one lot.
The Mayor opened the public hearing.
John Jeanes. petitioner, stated that he wished to build ~a
single family home on the tract. There were duplexes to the
west of the proposal but he was requesting single family zoning
on the tract.
No one spoke in opposition.
The Mayor closed the public hearing.
Hopkins motioned, Trent seconded to approve the preliminary and
final replats. On roll vote. Trent "aye," Hopkins "aye.,, Smith
"aye," Chew "aye," Perry "aye." and Mayor Castleberry "aye."
Motion carried unanimously.
E. The Council held a public hearing and considered
adoption of an ordinance approving an amendment to the concept
plan for Planned Development No. 72: platted as Cooper Landing,
changing the use from duplex to single family. The .196 acre
tract was on the northwest corner of Windsor Drive and Cedar
Hill Rd. Z-91-009 (The Planning and Zoning Commission
recommended approval 5-0 at its June 26, 1991 meeting.)
Mayor Castleberry stated that this ordinance was in con]unction
with the previous public hearing and the staff report was the
same.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
July 16, 1991
Page 9
The following ordinance was considered:
NO. 91-102
AN ORDINANCE OF THE CITY OF DENTON. TEXAS, AMENDING
THE BOUNDARIES OF PLANNED DEVELOPMENT DISTRICT NO. 72,
AS ESTABLISHED BY ORDINANCE NO. 84-50, BE DELETING
0.196 ACRES FROM THE DISTRICT; ADOPTING A REVISED
CONCEPT PLAN SHOWING THE NEW DISTRICT BOUNDARIES;
CHANGING THE ZONING ON THE EXCLUDED LAND FROM PLANNED
DEVELOPMENT TO SINGLE FAMILY (SF-7): PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000; AND DECLARING
AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On
roll vote. Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye,,. and Mayor Castleberry "aye." Motion carried
unanimously.
F. The Council held a public hearing and considered
adoption of an ordinance approving an amendment to Planned
Development No. 5 to allow additional parking and a storage
building on 2.117 acres, owned by DeBerry Funeral Directors.
The site was on the south side of University Drive, 294.5 feet
west of Ector Street. Z-91-008 (The Planning and Zoning
Commission recommended approval, 5-0 at its June 26 1991
meeting. ·
Owen Yost, Urban Planner, stated that this was a minor
amendment to the detailed plan of Planned Development No. 5,
purposing a separate storage building and additional parking.
There would be no access to Emery Street, to the south of the
site and access to University Drive was strictly limited by the
Subdivision and Land Development Regulations. The storage
building and the additional parking spaces would not warrant
any additional curb cuts, and none were proposed.
The Mayor opened the public hearing.
Bill DeBerry stated that he would like to build a two car
garage on the site in the immediate future. The additional
parking spaces and storage building would not be built at this
time
Council Member Trent asked if the neighbors had been contacted
regarding the project.
DeBerry replied that he had spoken with many of the neighbors.
Some were confused by the letters sent by the Plannin~
Department. They had been led to believe that he was building
a mini warehouse.
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City of Denton City Council Minutes
July 16, 1991
Page 10
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 91-103
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING
FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR THE
PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE
NO. 89-147 (PD-5): PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye," Hopkins "aye," Smith "aye,,, Chew "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion
unanimously.
Consent Agenda
Hopkins motioned, Chew seconded to approve the Consent Agenda
as presented. On roll vote, Trent "aye," Hopkins "aye,- Smith
"aye,,, Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
A. Bids and Purchase Orders:
carried
Bid ~1211 - Water Consulting SVC & Chemical
Supply
2. Bid ~1261 - Pre Crusher and Container
3. P.O. 913910 - ESRI
B. Tax Refunds
7. Ordinances
Considered approval of
United Title Co. - $691.92
a tax refund to
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. (6.A.2. - Bid 91261)
City of Denton City Council Minutes
July 16, 1991
Page 11
The following ordinance was considered:
NO. 91-104
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.
Hopkins motioned, Chew seconded to adopt the ordinance. On
roll vote. Trent "aye,,, Hopkins "aye,,, Smith "aye," Chew "aye."
Perry "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. 6.A.1. - Bid ~1211
The following ordinance was considered:
NO. 91-105 ~
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.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "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 only one course
in accordance with the provisions of state law exempting such
purchases from requirements of competitive bids. (6.A.3 - P O.
913910) ' '
The following ordinance was considered:
NO. 91-106
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.
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City of Denton City Council Minutes
July 16, 1991
Page 12
Hopkins motioned, Smith seconded to adopt the ordinance. On
roll vote, Trent "aye," Hopkins "aye," Smith "aye,,, Chew "aye,,,
Perry "aye," and Mayor Castleberry "aye.,, Motion carried
unanimously.
D. The Council considered adoption of an ordinance
approving an amendment to an agreement between the City of
Denton and Services Program for Aging Needs.
Lloyd Harrell, City Manager, stated Items D and E were
ordinances which amended existing contracts that the City had
with two social service agencies. In a recent discussion with
Council, the Human Services Committee recommended that the
money which the City had allocated to Parents Anonymous, $2700,
be reallocated to three of the social' service agencies whose
budget was cut during the last budgeting process. The two
ordinances formally carry out that recommendation from the
Human Services Committee.
Council Member Trent asked what happened to Parents Anonymous..
City Manager Harrell replied that they went out of business a~d
stopped offering services.
Mayor Pro Tem Hopkins stated that she hoped there would be a
discussion regarding allocating the funds to SPAN for
transportation as that was where the money was needed.
Barbara Ross. Community Development Coordinator, replied that
$800 would go back to SPAN for social services.
Hopkins motioned, Perry seconded to allocate the $2700 to SPAN
to assist in the transportation shortfall.
Council Member Chew left the meeting with a potential conflict
of interest.
On roll vote, Trent "aye," Hopkins "aye,,, Smith "aye,,, Perry
"aye," and Mayor Castleberry "aye." Motion carried unanimously.
Council Member Chew returned to the meeting.
E. The Council was to consider adoption of an
ordinance approving an amendment to an agreement between the
City of Denton and Denton County Friends of the Family.
This item was not considered following the Council,s decision
on Item D.
City of Denton City Council Minutes
July 16, 1991
Page 13
F. The Council considered adoption of an ordinance
amending Section 18-109 of Chapter 18 of the Code of Ordinances
to provide for designation of parking spaces for exclusive use
of disabled persons on public property; designating said
parking spaces on Austin Street and Walnut Street; and
providing for a penalty of a fine of not less than fifty
dollars, nor more than two hundred dollars. (The Citizens
Traffic Safety Support Commission recommended approval.)
Jerry Clark, City Engineer, stated handicapped customers and
employees using the First State Bank building had difficulty
getting into the building across traffic. The original request
was for one handicapped space in the area either on Austin or
Walnut to avoid heavy traffic and the exiting of handicapped
individuals into traffic on Locust and Hickory. The Citizens
Traffic Safety Support Commission felt that more spaces would
be needed. One space was proposed on Walnut and two spaces on
Austin.
Council Member Trent asked if it was too much to go from ~o
spaces to three spaces. Perhaps only one space could be don~
on Austin at this time. ~
Clark replied that this was the recommendation from the
Citizens Traffic Safety Support Commission. They were trying
to help as much as possible as there was already no parking on
Austin Street.
Mayor Pro Tem Hopkins replied that the number did not matter.
What mattered was the need to help people in that area. The
two spaces on Austin would not be a problem as there was no
parking in the area anyway.
Council Member Chew stated that there were steps on both sides
of the building on the Austin Street side. The space on Walnut
Street would help the most.
Council Member Smith stated that the cost mentioned was $150
for signs excluding labor. Staff report indicated that the
Walnut space would be inset into the sidewalk. That would
involve labor and how would it be paid.
Clark replied that the ramp on the corner had been already
planned and that the Bank would participate on a 50/50 basis
with the cost.
Council Member Smith asked about two spaces on Walnut.
Clark replied that they were flexible regarding the placement.
There was one restriction with vaults in the area. It would be
quite expensive to relocate those vaults for the necessary
concrete work.
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City of Denton City Council Minutes
July 16, 1991
Page 14
The following ordinance was considered:
NO. 91-107
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING
SECTION 18-109 OF CHAPTER 18 OF THE CODE OF ORDINANCES
TO PROVIDE FOR DESIGNATION OF PARKING SPACES FOR
EXCLUSIVE USE OF DISABLED PERSONS ON PUBLIC PROPERTY:
DESIGNATING SAID PARKING SPACES ON AUSTIN STREET AND
WALNUT STREET; PROVIDING FOR A PENALTY OF A FINE OF
NOT LESS THAN FIFTY DOLLARS, NOR MORE THAN TWO HUNDRED
DOLLARS; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
Trent motioned, Hopkins seconded to adopt the ordinance. On
roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "nay,'.
Perry "aye," and Mayor Castleberry "aye." Motion carried with
a 5-1 vote.
G. The Council considered adoption of an ordinanc~
repealing Sections 18-51, 18-52, 18-53, 18-54, 18-55, and 18-5~
of Chapter 18 of the Code of Ordinances of the City of Denton
relating to regulation of trucks and truck routes; amending
Division 2 (Trucks and Truck Routes) of Chapter 18 of the Code
of Ordinances of the City of Denton: establishing definitions;
establishing designated truck routes and regulating for
departure therefrom: providing for exceptions; prohibiting
certain use of residential streets; establishing requirements
for the operation of concrete trucks: establishing a maximum
vehicle load limit; providing for a maximum penalty of two
hundred dollars for violation thereof; and providing for a
severability clause. (The Citizens Traffic Safety Support
Commission recommended approval.)
Jerry Clark, City Engineer, stated that the proposed ordinance
had been studied for over a year. Comparisons had been made
with neighboring cities. Truck routes placed heavy loads on
streets. To prevent street damage, the routes needed to be on
newer streets which were thicker, designed for higher speeds,
and turning movements. The proposed ordinance had more
definitions, a better description of when a delivery route was
allowed, an updated truck route designation list, and specifics
on concrete trucks. All local trucking companies and
interested persons were invited to a Citizens Traffic Safety
Support Commission meeting. Each company received a copy of
the proposed ordinance and seemed satisfied that the ordinance
was reasonable.
Council Member Perry asked about the route from University and
Carroll through Northridge.
City of Denton City Council Minutes
July 16, 1991
Page 15
207
Clark replied that trucks would need to use Elm Street.
should not be in the Northridge area.
Trucks
Mayor Pro Tem Hopkins asked if a residential driver could not
come home with his cab after 10 p.m. with the new ordinance.
Clark replied that it would probably be a legal interpretation
of "operate" He would define "operate" as making deliveries,
etc. and not returning home to park the vehicle.
City Attorney Debra Drayovitch stated that Section 18-54 stated
that operate meant "drive".
Hopkins motioned, Trent seconded to postpone consideration of
the ordinance until the first meeting in August. On roll vote,
Trent "aye," Hopkins "aye," Smith "aye," Chew "aye," Perry
"aye," and Mayor Castleberry "aye." Motion carried unanimously.
H. The Council considered adoption of an ordinance
designating and establishing a school safety speed zone on
State Highway FM 426 (McKinney Street) for both directions ~f
travel between Station 160 + 40 and Station 170 + 40 measuring
a total distance of one thousand (1,000) feet in length and
being centered a distance of five hundred (500) feet on each
side of the main entrance to Billy Ryan High School; reducing
the maximum prima facie speed limit for such portion of said
street from fifty-five (55) miles to thirty-five(35) miles per
hour during certain hours; providing a penalty of a fine not to
exceed two hundred dollars ($200); and providing a severability
clause. (The Citizens Traffic Safety Support Commission
recommended approval.)
Jerry Clark, City Engineer, 'stated the Billy Ryan High School
would be opening the August. For safety reasons, a school zone
was proposed to be installed prior to that opening. Normally,
school zones were installed after a facility was opened and
accurate studies of traffic patterns could be completed. By
using a traffic projection and excellent state cooperation, the
proposed school zone was approved by the State of Texas.
Mayor Castleberry asked who was responsible for McKinney Street.
Clark replied McKinney Street was the State Highway's
responsibility from Janie Street out. The State was
responsible for all activities on a state road including
paving, maintenance of signs, etc. The City only had
responsibility for signalization.
Mayor Castleberry stated that if the street were widened to
four lanes, would it be the responsibility of the State Highway
Department.
2O8
City of Denton City Council Minutes
July 16, 1991
Page 16
Clark replied yes.
The following ordinance was considered:
91-108
AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL
SAFETY SPEED ZONE ON STATE HIGHWAY FM 426 (MCKINNEY
STREET) FOR BOTH DIRECTIONS ON TRAVEL BETWEEN STATION
160 + 40 AND STATION 170 + 40 MEASURING A TOTAL
DISTANCE OF ONE THOUSAND (1,000) FEET IN LENGTH AND
BEING CENTERED A DISTANCE OF FIVE HUNDRED (500) FEET
ON EACH SIDE ON THE MAIN ENTRANCE TO BILLY RYAN HIGH
SCHOOL: REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT
FOR SUCH PORTION OF SAID STREET FROM FIFTY-FIVE (55)
MILES TO THIRTY-FIVE (35) MILES PER HOUR DURING
CERTAIN HOURS: PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A
SEVERABILITY CLAUSE: PROVIDING FOR PUBLICATION; AND
DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance.' ~n
roll vote, Trent "aye," Hopkins "aye,., Smith "aye,. Chew "aye:"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
I. The Council considered adoption of an ordinance
approving an agreement between the City of Denton and the State
of Texas for installing traffic signal controllers within the
City of Denton.
Jerry Clark, City Engineer, stated that the State had agreed to
fund some signals in the area. With the recent census, the
State would only be doing the funding along the Interstate
Highways. The two signals would be at Avenue D and I35 and at
US377 and I35. The program was very positive in that it
allowed the City's maintenance personnel to operate and
maintain a standardized system. This reduced materials and
labor costs which was cost beneficial. The City also received
reimbursement for labor.
The following ordinance was considered:
NO. 91-109
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY
OF DENTON AND THE STATE OF TEXAS FOR INSTALLING
TRAFFIC SIGNAL CONTROLLERS WITHIN THE CITY OF DENTON;
AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
July 16, 1991
Page 17
Hopkins motioned, Perry seconded to adopt the ordinance. On
roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye." Motion carried
unanimously.
8. Resolutions
A. The Council considered approval of a resolution
temporarily closing the 100 block of North Elm Street, 100
block of West Oak Street, 100 block of North Locust Street and
100 block of West Hickory Street on September 28, 1991.
Jane Biles, Main Street Manager, stated that this would be the
sixth year for County Seat Saturday. Approval had been
received from the majority of the merchants on the Square. T &
Sons and T & L Shoes would not sign the petition. Also McBride
Music and Pawn signed the petition in opposition. These
businesses had rear entrances on streets which would be open
during the event.
The following resolution was considered:
NO. R91-044
A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF
NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100
BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST
HICKORY STREET ON SEPTEMBER 28, 1991; AND PROVIDING
FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to approve the resolution. On
roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry . "aye." Motion carried
unanimously.
B. The Council considered approval of a resolution
authorizing a traffic light synchronization program grant
application to promote the conservation of energy resources.
Jerry Clark, City Engineer, stated that in the past large oil
companies were involved in oil overcharges. The State obtained
that money which was now redistributed as grants. The City had
received several recent grants. This grant would develop
timing schemes to save motorists money. Three proposals were
submitted for consideration - Carroll Blvd. from Sherman to
Mulberry, U.S. 380 I35 to Loop 288 and Elm and Locust from
Parkway to Sycamore.
209
The following resolution was consider.ed:
210
City of Denton City Council Minutes
July 16, 1991
Page 18
NO. R91-045
A RESOLUTION AUTHORIZING A TRAFFIC LIGHT
SYNCHRONIZATION PROGRAM GRANT APPLICATION TO PROMOTE
THE CONSERVATION OF ENERGY RESOURCES. AND DECLARING AN
EFFECTIVE DATE. '
Trent motioned, Hopkins seconded to approve the resolution. On
roll vote, Trent "aye," Hopkins "aye," Smith "aye,', Chew "aye,"
Perry "aye,', and Mayor Castleberry "aye." Motion carried
unanimously.
C. The Council considered approval of a resolution
approving development plans for property leased to Fox 51 Ltd.
at the Denton Municipal Airport. (The Airport Advisory Board
recommended approval.)
Rick Svehla, Deputy City Manager, stated that the lessee had
not signed the lease to date. Fox 51 leased property which was
an amendment to the original lease in 1990 which allowed them
to build the furthest building to the west. This resolution
would approve all of the building site which would have to be
done if Fox 51 accepted the remainder of the lease. If the
remainder of the lease was not executed only the one building
could be built. '
The following resolution was considered:
NO. R91-046
A RESOLUTION APPROVING DEVELOPMENT PLANS FOR PROPERTY
LEASED TO FOX-51 LIMITED AT THE DENTON MUNICIPAL
AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Chew seconded to approve the resolution. On
roll vote, Trent "aye," Hopkins "aye," Smith "aye," Chew "aye,"
Perry "aye," and Mayor Castleberry "aye.
unanimously. " Motion carried
D. The Council was to have considered approval of a
resolution authorizing Amendment No. 2 to the Airport
Commercial Operator Lease Agreement between the City of Denton
and Fox 51 Ltd. (The Airport Advisory Board recommended
approval. )
This item was pulled from consideration.
E. The Council considered approval of a resolution
nominating a member to the Board of Managers of the Denco Area
9-1-1 District.
NO. R91-047
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
July 16, 1991
Page 19
City Manager Harrell stated that the Board was made up of five
members plus an advisor. Two members were selected by cities
in Denton County who received 911 service. The term of Olive
Stephens was up for renewal.
Hopkins motioned, Smith seconded to nominate Olive Stephens as
a members of the Board of Managers of the Denco Area 9-1-1
District. On roll vote, Trent "aye," Hopkins "aye," Smith
"aye," Chew "aye," Perry "aye," and Mayor Castleberry "aye."
Motion carried unanimously.
9 o
Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Appointment to the Civil Service Commission -
Harrell announced the reappointment of Charldean Newell to the
Commission.
B. Schedule for next meetings - Harrell proposed
following schedule for upcoming meetings:
7/23 - work session beginning at 5:15 p.m. with
presentations from recipients of the Lalor funds except for the
Convention/Visitor Bureau
7/30 - two items of business before the Council
Reception starting at 5:15 p.m.
8/6 - convene at 4:00 p.m. with a budget study session
until 8:00 p.m. and beginning the regular meeting at 8:00 p.m.
8/13 - study session beginning, at 5:15 p.m.
10.
Session
Session:
The following official
items discussed during
action was taken on Executive
the Work Session Executive
Trent motioned, Chew seconded to appoint the following
individuals to City of Denton Boards/ Commissions:
Airport Board
Rick Woolfolk
George Gilkeson
Terry Garland
Board of Ad}ustment
Bill Colville
Ray Griffin
Dan Coffey
Rebecca Blair
Rebecca King
211
212
City of Denton City Council Minutes
July 16, 1991
Page 20
Building Code Board
Cliff Reding
Ed Owens
Citizens Traffic Safety Support Commission
Doug Chadwick
Alice Gore
Betty Duncan
Terry White
Community Development Block Grant Committee
Sara Parker
Dennis Stephens
Jack Weir
Peggy Norton
Data Processing Advisory Board
Don Edwards
Jim Kuykendall
Electrical Code Board'
Greg Mitchell
Jim McClanahan
Stuart Cawthon
Terry Schertz
Historic Landmark Commission
Liz Bays
Rita Holcomb
W. A. Barker
Judith Abbott
Howard Watt
Elinor Caldwell
Human Services Committe~
Sandra Ables
Carol Riddlesperger
Gary Truitt
Dorothy Damico
Linda Holloway
A1 Barstts
Ruby Kerner
Library Board
Ted Maines
Mary Jo Pickens
Dorothy Adkins
Irene Price
Parks and Recreation Board
Dalton Gregory
Burkley Harkless
Neta Stallings
City of Denton City Council Minutes
July 16, 1991
Page 21
Planning and Zoning Commission
Roy Appleton III
Mary Evelyn Huey
Ivan Glascock
Judd Holt
Plumbing and Mechanical Code Board
George Becket
Bob Sullivan
Bill Burley
Joe Mulroy
Public Utilities Board
Bob Coplen
Carol Ridens
TMPA Board of Directors
Ray Stephens
Beautification Co~mission
Jim Render - 1 year term
Judd Jones - 2 year term
Gertrude Gibson - 1 year term
John Cooper - 2 year term
Mable Deveraux - 1 year term
Jeane Morrison - 2 year term
Brenda Fosmire - 1 year term
John Enlow - 2 year term
Melvin Willis - 1 year term
Dick Engle - 2 year term
Martha Len Nelson - 2 year term
Sign Board of Appeals
Jim Tucker - 2 year term
Mike Weibe - 1 year term
Sue Smith - 2 year term
Harry Eaddy - 1 year term
Frank Massey - 2 year term
Downtown Advisory Board
Board was complete
On roll vote, Trent
"aye," Perry "aye,"
carried unanimously.
ll.
New Business
"aye," Hopkins "aye," Smith "aye," Chew
and Mayor Castleberry "aye." Motion
213
There were no items of New Business suggested by Council
Members for future agendas.
214
City of Denton City Council Minutes
July 16, 1991
Page 22
Mayor Castleberry stated that Judge Mosely would like the
Council and the Commissioners Court to meet in Executive
Session regarding property within the City. A tentative date
of August 8 at 3:30 p.m. in the 1896 room had been set.
The Mayor stated that he had been requested by the North Texas
Council of Governments to be a part of a delegation to visit
with the Chairman of the State Railroad Commission concerning
deregulation and the rates of intrastate in relation to
interstate travel. There were five delegates at the meeting.
Mayor Castleberry made the following appointments to the Denton
Housing Authority:
Warren Whitson
12. The Council did not meet in Executive Session during
the Regular Session.
With no further business, the meeting was adjourned.
FE~WALTERS
SECRETARY
OF DENTON. TEXAS
BOB CASTLEBE~~
CITY OF DENTON, TEXA/
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3416C