Minutes November 05, 1991419
CITY OF DENTON CITY COUNCIL MINUTES
NOVEMBER 5, 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
Alexander, Perry, Smith and Trent.
ABSENT: Council Member Chew
1. The Council convened into the Executive Session to discuss
legal matters (considered settlement in Hunter, Cami v. City of
Denton et al and considered settlement offer in Gorder v. City),
real estate, and personnel/board appointments.
Council Member Chew joined the meeting during the above discussion.
2. The Council received a report and held a discussion regarding
legislation passed by the 72nd Legislature that might have an
impact on the Municipal Court procedurally, fiscally or both.
Harlan Jefferson, Treasurer, stated that the report was prepared in
response to the City Council's request for staff to meet with the
Municipal Judge and prepare a detailed analysis of the recently
approved state legislation affecting the Municipal Court. For each
bill, a summary, impact analysis and recommendation where
appropriate was provided. Staff members providing input regarding
the bills included the Municipal Judge, Chief of Police, Assistant
City Attorney and Treasurer.
House Bill No. 2
This bill added the requirement of showing evidence of financial
responsibility in order to register a vehicle, obtain motor vehicle
inspection or upon applying or renewing a driver's license. It
also specified the types of acceptable evidence of financial
responsibility. The bill reworded the language creating the
offense of operating a motor vehicle without required evidence of
financial responsibility and provided for an increased penalty
range. The overall effect of this bill would be an increase in the
number of motorists able to show evidence of financial
responsibility, resulting in fewer citations for this violation.
In addition, the City would be required to train staff on the types
of evidence acceptable to satisfy the requirement of financial
responsibility, have police officers check the suspected violator's
driving history and file higher charges through the District
Attorney's Office for second and subsequent offenses which would be
outside the Municipal Court jurisdiction, update the Affidavit of
Probable cause to reflect new types of evidence acceptable to show
finanoial r~sponsibility, change the citation to reflect the new
name of the Act and provide a warning regarding subsequent
convictions. The recommendation of the Committee was that the City
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complete the action needed to become in full compliance with H.B.
No. 2.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No. 70
This bill provided for an additional $3 court cost to be assessed
on all convictions under the Uniform Traffic Act. These funds were
to be maintained for the municipality. The bill also changed the
eligibility requirements for a person attending a driving safety
course and created a condition that the defendant provide the Court
with proof of financial responsibility before a driving safety
course may be granted. Staff recommendation was to continue
complying with H. B. 70.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No. 166
House Bill No. 166 prohibited state agencies and political
subdivisions from establishing or maintaining a system for
evaluating, promoting, compensating, or disciplining a peace
officer based on the issuance of a specified number of traffic
citations or a municipal court judge based on the amount of revenue
collected from traffic convictions. It did not require any action
by staff or the City.
House Bill No. 407
This bill related to increasing the fine for certain misdemeanors
and amended some court costs. The only action required of staff
was programming changes to the municipal court software which would
accommodate the new court cost. This was done in September. It
was recommended that the City continue complying with H. B. 407.
It was possible that the Judge would increase fines for these
offenses either on a case by case basis or on a sliding scale based
on the prior record of the defendant, however, it was not
anticipated that there would be any drastic increases.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No. 598
This bill amended provisions of the Uniform Traffic Act relating to ~
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driving safety courses and provided that the court may exercise
discretion in granting a request to take a driving safety course
under either the mandatory or permissive sections upon the written
motion of the defendant submitted to the court at any time prior to
final disposition. The legislation also created a new requirement
that in the event a defendant failed to provide proof of course
completion within the time allotted by the court, the court must
notify the defendant in writing of the default and require the
person to appear for a show cause hearing. If the defendant could
show good cause why the proof of completion was not submitted to
the court as required, the court may allow an extension of time
during which the defendant may submit the uniform certificate of
course completion. It was recommended that the City not extend the
time period a defendant had to request to take a driving safety
course and comply with the remainder of the bill.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No. 944
This bill granted a municipal court additional jurisdiction for
criminal prosecution of juveniles. The municipal court
jurisdiction had been extended to include offenses involving' a
misdemeanor punishable by fine only other than the offense of
public intoxication. Staff recommendation was to waive the new
jurisdiction. This was recommended as the court would have no
enforcement capability to assure compliance with its judgements.
This would make the City less effective than the County's juvenile
court. Additionally, when considering the minimal fine amounts and
the fact that payment would only be on a volunteer basis, the time,
energy, and effort exhausted on these cases would not be offset.
It was felt that the City could only do an effective job with these
cases if a teen court were established.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill 960
This bill provided that a municipal court judge had the discretion
to allow a defendant to enter a treatment program for chemical
dependency and upon completion of this program, gain dismissal of
a pending criminal charge. The primary difference between this
bill and the municipal judge's existing authority was that the bill
did not allow for the assessment of a speoial expense to oover the
cost of administering the case. It was believed that the State
wanted to provide alternatives to fine payment for dealing with
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Class C offenders. It was recommended by staff that as a standard
practice, the City continue to offer deferrals for this situation.
That would permit the City to charge a special expense to offset
administrative costs. It was believed that most defendants would
rather pay the special expense fee than be convicted of a crime.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No. 1342
House Bill 1342 created an offense for a person to knowingly
falsify any information or verification required in connection with
a commercial driver's license. An operator of a commercial vehicle
could not attend a driving safety course and be granted a deferred
adjudication for dismissal of a traffic offense if the offense was
one defined as a serious traffic violation. This bill would
require staff training, a change in the City's citation, and a
change in the municipal court software. It was recommended that
the City comply with the bill by revising the citation form and the
Municipal Court software.
Consensus of the Council was to proceed with the staff
recommendation.
House Bill No. 2183
This bill created penalty enhancements for the offenses of Purchase
of Alcohol by a Minor, Consumption of Alcohol by a Minor and
Possession of Alcohol by a Minor. It also provided that the court
may require a defendant upon a first conviction for any of the
previously listed offenses to attend an alcohol awareness course
approved by the Texas Commission on Alcohol and Drug Abuse or a
similar alcohol awareness course approved by the court. A
mandatory portion of the bill would require the municipal court to
maintain history files on Alcoholic Beverage Code violations in
order to assess the proper fine amount. It was the staff
recommendation to utilize the existing deferral program instead of
the discretionary portion of this bill.
Consensus of the Council was to proceed with the staff
recommendation.
Senate Bill No. 355
This amendment specified that the law enforcement agency that
executed the arrest warrant or capias may request payment of this
fee from the Court, provided that the request was made not later
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than the 15th day after the date of the execution of the warrant.
This situation may be handled by an interlocal agreement between
law enforcement agencies. The executing agency would not seek to
claim any warrant fees and allow all warrant fees to remain with
the processing law enforcement agency. Staff recommended that the
City enter into an interlocal agreement and develop a mechanism to
process requests from jurisdictions that were not a part of the
agreement.
Consensus of the Council was to proceed with the staff
recommendation.
Senate Bill No. 460
This bill allowed for the assessment of court costs not to exceed
$5 for cases involving parking or stopping vehicles in violation of
City ordinances. The funds generated from this new fee were to be
earmarked to fund city programs for school crossing guards. In the
event the city did not operate a school crossing guard program, the
city may deposit these funds in an'interest-bearing account or
expend these funds for programs designed to enhance child safety,
health or nutrition, including child abuse prevention and
intervention and drug and alcohol abuse prevention. It was
recommended that the City not increase this court cost on parking
or stopping vehicle violations. This would conflict with the City
Council's major budget issue decisions. Additionally, it was
recommended to utilize the revenue from the mandatory court cost to
offset the City's existing child safety program.
Consensus of the Council was to proceed with the staff
recommendation.
Senate Bill No. 757
This bill provided that driving safety courses, in order to be
acceptable for dismissal of violations of the Uniform Traffic Act,
be conducted in Central Education Agency approved schools. Also
the court's authority to approve any other types of completion
documentation was eliminated. It was recommended that the City
comply with this bill as there were no discretionary areas of the
bill.
Consensus of the Council was to proceed with the staff
recommendation.
senate Bill No. 883
This bill allowed a peace officer to issue a citation that gave an
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accused written notice of when and where to appear in front of a
magistrate rather than taking the person into custody. Staff
recommendation was that whenever feasible, the City issue a
citation as opposed to arresting defendants.
Consensus of the Council was to proceed with the staff
recommendation.
Jefferson continued that many of these bills increased the workload
of the Municipal Court by adding time consuming tasks. The staff
was already overburdened with procedural changes resulting from
case law evolving in higher courts. Increasing the Court's
automation capability should occur before attempting to evaluate
the staffing levels. Three potential areas of improvement were an
automated answering phone system, a word processing system, and
initiate the process to rewrite or replace the Municipal Court
computer system. The emphasis would be on locating the most cost
effective system to meet current and foreseeable future needs.
The Council then convened into the Regular Session at 7:00 p.m. in
the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, Smith and Trent.
ABSENT: Council Member Alexander
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Council Member Alexander joined the meeting.
2. The Council considered approval of the minutes of the Regular
Session of October 15, 1991 and the Work Session of October 22,
1991.
Mayor Pro Tem Hopkins asked that the minutes be considered
separately.
Hopkins motioned, Perry seconded to approve the minutes of October
15, 1991. On roll vote, Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously with Council Member Trent abstaining.
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Perry motioned, Chew seconded to approve the minutes of October 22,
1991. On roll vote, Trent "aye", Alexander "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously with Mayor Pro Tem Hopkins abstaining.
3. Yard of the Month Awards
This item was pulled from consideration.
The Mayor presented a proclamation for "Adopt-A-Spot Month".
4. Citizen Reports
A. The Council received a citizen report from Richard
Walters regarding 'City services on Daniel Street.
Mr. Walters stated that there was no police protection in the area
and drug dealers were living next door to him. He had been
promised that the police protection would be doubled in the area
but that had not happened as of yet. He did not feel safe in his
neighborhood. The City had a Sewer running through his land which
he had given the City an easement for. There were illegal aliens in
his neighborhood. Garbage pickup was erratic. He paid taxes and
should receive services. He asked the Council to help the
neighborhood.
Mayor Castleberry thanked Mr. Walters for his comments and stated
that the City Manager would check into his concerns and would reply
to those concerns.
B. The Council received a citizen report from Artist
Thornton regarding a Police Review Board.
Mr. Thornton stated that he was concerned for many others in the
City of Denton and a concern which was affecting the students. He
was asking for a Police Review Board. The Board would be made of
members appointed by the Council and would not receive any
compensation. The purpose of the Board would be to listen to the
citizens and make recommendations from the citizens complaints to
the City Manager. The Board was to exist to enable citizens to
speak to a Board and explain complaints or the situation that
needed to be reviewed. There would be a Technical Committee which
would have the power to issue subpoenas. The Board would listen to
a complaint and would vote on whether or not to issue a subpoena.
If the vote was to issue a subpoena, the Technical Committee would
proces~ the subpoena. If the Board wanted to issue a subpoena but
the Technical Committee did not feel there was a need for a
subpoena, the Board could come to the Council and ask for a
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subpoena. The Board would not be a threat to the City officials in
Denton nor was it a threat to the Police Department. It was a way
for the citizens to address a Board other than the City police and
the Internal Affairs. There were many complaints not processed as
the citizens felt uncomfortable having to use the Internal Affairs
Division which was a part of the Police Department. He requested
a public hearing at the next Council meeting regarding this issue
and a City ordinance.
5. Public Hearings
A. The Council held a public hearing and considered an
ordinance amending the sign ordinance. (The Planning and Zoning
Commission recommended approval 5-1 at its meeting of October 23,
1991.)
Frank Robbins, Executive Director for Planning, stated that there
were two provisions recommended in the ordinance, a temporary use
permit and new variance criteria. Nonconforming signs could be
altered with a temporary use permit, so long as the sign become no
more non-conforming, until January 1, 1996. All temporary use
permits would expire on January 1, 1996. No more temporary use
permits would be issued after January 1, 1996. The temporary use
permit would be renewed annually. Guarantee of removal of the sign
or making it conforming would be required in the form of a bond
payable to the City or a cash deposit. A permit to alter the sign,
called a work permit, as with all signs, would be required. The
altered sign must make use of the existing supporting structure.
The property owner would be required to remove the sign within 30
days of expiration of the annual permit, if not renewed, or January
1, 1996. The temporary use permit fee would be $35 for a transfer
fee and $5 for the work permit. All legally non-conforming signs
were grandfathered. The first two variance criteria would be
replaced with the following wording "literal compliance with the
sign regulations would cause an unnecessary hardship because the
property had a unique condition or feature that was not generally
common to other properties".
The Mayor opened the public hearing
No one spoke in favor.
Joe Dodd felt that the temporary amendments were not the remedy and
was only a cosmetic solution. The sign ordinance had been the
additional killing factor which had raised homeowner,s tax rates,
kept some new businesses from opening, had eliminated real jobs in
surviving shops and had killed marginally successful operations.
The original ordinance was an effort to put one man out of business
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Page 9
and to outlaw tacky neighborhood signs. He felt that business
owners did not need the City's permission to advertise their
business. He stated that on December 2nd he would file a petition
for an initiative and on December 7th a drive would begin to
collect the less than 900 signatures needed to put the question of
the sign ordinance before the citizens of Denton. The new
ordinance would restore business rights. The proposed ordinance
would read" for six months, from the enactment of this ordinance,
there shall be no inhibitions by the City of Denton against
commercial signage on private property. All previous such
ordinances shall be null and void".
Chuck Fremaux stated that according to the current ordinance, the
sign on his business, which was in code when it was erected, was
now no longer in code as he wanted to change the logo on the sign.
He felt the proposed amendments to the ordinance would not be worth
his time or any other small business owner's money or time to put
up for a four year period. He felt four years was not fair. He
felt the annual permit was merely a sign tax and the sign ordinance
discouraged business in Denton. If the sign was in code when it
was put up, why would it have to be taken down if the only change
to it was a change of its face.
Council Member Trent stated that there would be a four year period
in order to change the signs.
Fremaux replied that that was not enough time. Four years was not
acceptable. His sign was in compliance when originally erected and
as he was only changing the paint on the sign, why would it still
not be in compliance. According to the current ordinance, the sign
28' high was now too high and should be 20' high.
City Manager Harrell stated that with the current ordinance, before
a change could be made to the face of a sign, it would have to
conform to the provisions of the ordinance. With the provisions of
the amendments, the current sign would be used for four years
before it would have to conform to the sign ordinance. If the
amendments were not passed, Fremaux could not use the current sign
at all.
Fremaux replied that the original ordinance and the proposed
amendments were not acceptable.
The Mayor closed the public hearing.
Council Member Trent stated that the back-up materials indicated
that all legally non-conforming signs would be grandfathered. If
one of the goals of the City was beautification, why were there
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signs grandfathered. That would not allow the City to reach its
goal.
Robbins replied that it related to the options available. There
was no legal way to take all the signage withoUt paying for the
signs and there was no longer an amortization program. If a sign
was new and there were a change of materials that carried a
message, then there would have to be a new sign and that sign would
have to conform.
Council Member Trent asked how many signs would still be non-
conforming but which would be grandfathered.
Robbins replied hundreds.
Council Member Trent stated that only a small percentage would be
impacted of the sign community.
Robbins replied that on an annual basis, that would be correct.
However, over time there would be positive effects.
Council Member Perry stated that there were triggers which would
eventually take out most of the non-conforming signs even the
grandfathered signs, in time.
Robbins replied correct.
Council Member Perry asked what the triggers wer~for making a non-
conforming sign, conforming.
Robbins replied that the sign might be abandoned, it no longer
applied to the business it was advertising or the face was gone
with only the supporting structure left. If the sign were damaged
more than 60% of its value, it could not be replaced. If the sign
were altered, such as the material which held the sign or a face
change, then it would have to conform.
The following ordinance was considered:
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91-156
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN
REGULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES TO ALLOW
THE TEMPORARY USE OF A SIGN THAT REPLACES OR ALTERS A
NONCONFORMING GROUND SIGN; PROVIDING FOR PERMIT PROCEDURES AND
REQUIRING SECURITY TO INSURE COMPLIANCE; AMENDING THE CRITERIA
FOR RECEIVING A VARIANCE AND ALLOWING THE SIGN BOARD OF
APPEALS TO IMPOSE CONDITION; PROVIDING FOR A MAXIMUM PENALTY
OF $2000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Council Member Perry motioned to adopt the ordinance with the
following amendment - strike Sections I, II, III and IV from the
proposed amendments and start with Section V. After a great deal
of study, discussion and thought, a sign ordinance was adopted two
years ago. The ordinance was designed to put some kinds of
controls on signs. Much input had been received for the original
ordinance. A number of businesses had complied with the ordinance.
His motion would allow a continuation of the appeals process with
some variances. There would be a process for a businessman to
approach the Appeals Board and request relief. It allowed the
current process to continue. There were plans in the capital
improvements program to widen University Drive and put the
utilities underground. He felt that if the ordinance were kept in
place and the appeal process used, the process might increased.
Council Member Alexander seconded the motion.
Mayor Pro Tem Hopkins stated that she generally followed the
recommendations of the recommending Board as they had spent many
additional hours on issues. She did not see a reason to change
that philosophy in this case. The biggest problem with the sign
ordinance was the face change problem. The Planning and Zoning
Commission had many discussion regarding this issue and voted 6-1
to recommend the amendments. A look at the current economy was
needed. She could not vote to take out the sign face change.
Council Member Trent questioned if the ordinance needed to be
postponed in order to look at both Council Member Perry's concerns
and Mayor Pro Tem Hopkins' concerns.
Mayor Castleberry stated that the motion as proposed by Council
Member Perry did not alleviate the problem with the Appeals Board.
The original ordinance put too much pressure on businesses and was
unfair to new bu~in~.
Council Member Chew agreed and felt that the amendments would put
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Page 12
the ordinance to rest. He felt the Council should accept the
recommendations by the Planning and Zoning Commission.
Council Member Smith felt that more input was needed. She felt the
bonding and permitting needed more study and felt that perhaps a
work session on the changes was in order to perhaps work out a
compromise.
Council Member Alexander stated that the community had spoken. He
felt that the sign ordinance had created difficulties but that the
advantages and disadvantages needed to be weighed. There had been
a long and careful consideration by all of the various groups
within the City with ample opportunity for input plus several
public hearings. The decision to pass the original ordinance was
a good decision. He felt that a careful reading of the minutes of
the Planning and Zoning Commission revealed a feeling that some of
the members felt the Council wanted a revision and so they made
one. If the beautification program was to be taken seriously, the
amendment as proposed by Council Member Perry needed to be passed.
The proposed ordinance was unfair to the businesses which had
already complied with the ordinance.
Council Member Perry stated that the first four sections of the
proposed ordinance stopped the process already in motion.
Council Member Trent felt that Council Member Perry's motion was
perhaps a step in the right direction but that it had not been
studied enough.
On roll vote, Trent "nay", Alexander "aye", Hopkins "nay", Smith
"aye", Chew "nay", Perry "aye", and Mayor Castleberry "nay".
Motion failed with a 4-3 vote.
Chew motioned, Hopkins seconded to adopt the ordinance as
presented.
Council Member Alexander stated that he would vote for the portions
of the amendment which related to the changes of variance
procedures. He could not vote for the changes relevant to
extending a four year period.
Council Member Trent stated again that perhaps the ordinance needed
to be studied further and perhaps needed to go to a conference
committee for further analysis.
Council Members Perry and Smith agreed.
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On roll vote of the main motion, Trent "aye", Alexander "nay",
Hopkins "aye", Smith "nay", Chew "aye", Perry "nay", and Mayor
Castleberry "aye". Motion carried with a 4-3 vote.
B. The Council held a public hearing to consider alternative
plans for adjusting voting district boundaries and gave staff
direction with regards to preparing an ordinance.
Harry Persuad, Senior Planner, stated that there were five plans
originally presented. Options A and E had considerable interest.
He presented the changes in district lines for Options A and E.
Option E had four split county precincts. Total district changes
in regards to population was approximately 11,698. The Black
population would total 19.28% and the Hispanic population would
total 15.7% which was a greater enhancement in terms of minority
voting strength.
Council Member Chew pointed out that while District One was
enhanced with minority population but it was diluted in the other
areas.
Persuad continued that Option A showed the minimum amount of
changes for voters. There were five split county precincts. He
indicated to Council the changes in district lines. Total district
changes in regards to population was approximately 2,159. The
Black population had a 16.56% in District One and a 12.92% of
Hispanic population in District One.
The Mayor opened the public hearing.
Winn Walton stated that there were three primary criteria mandated
by law which must be followed in municipal redistricting. They
were (1) the districts must be about the same size (2) "every
effort" must be made to enhance the voting strength of minority
groups, and (3) the district lines must be drawn "as far as
possible" following the county precinct boundaries. Plan E showed
the greatest amount of minority enhancement with 19%. Plan A
showed 16% and the current plan was a little less than that figure.
The primary concern of the students was that they were split into
three different districts. They would like to have all the
students in one district so that they could be represented on the
Council. Plan E did move more people than Plan A did but sometimes
that was necessary in order to make things better. Plan E met the
criteria required by law better than any other plan.
Council Member Trent asked Walton how many student districts were
the same in Plan B.
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Walton replied that Plan B moved the boundaries even more and split
the students even more.
Council Member Alexander stated that there was a high percentage of
University of North Texas student population which lived all over
Denton and by concentrating a boundary line in and around the
campus, was there really an increase in the percentage of student
voters within that district in a significant way.
Walton replied that he understood that roughly 70% of Precinct 410
was between the ages of 20-30. The students were highly
concentrated on the campus.
Bill Miller presented overheads on levels of voter concentration in
the various precincts, the percent of people between the ages of
18-24 who were registered to vote in the precincts, the % of voters
25-30 who were registered to vote in the precincts, and the % of
registered voters under 30 years old. He felt the students and
minorities would be better served if they were more unified rather
than split. Commuter students made up 13,000 of the total 27,000
student body population. Most students lived near the campus and
he encouraged the Council to unify the campus area.
Carl Young supported Plan E. He felt that a 6-1 plan was the best
for the City but supported Plan E as an option. He felt that a 6-1
plan would put Denton closer to the people and reduce the expense
of the Council. Plan A violated the spirit of the Voting Rights
Act. Minorities did not have fair representation with Plan A as it
diluted the voting strength for minorities. Plan E could be
adopted for a year and then hold a charter election for a revision
of the districts to a 6-1 plan. He stated that if the Council
adopted Plan A he would file a suit for a 6-1 plan.
Michael Alves spoke in support of Plan E. He felt a 6-1 system was
better but that Plan E was a good compromise. He had experienced
problems with the City which started out as minor problems and now
were larger. He felt those problems were due to the fact of his
age and the fact that he lived near the campus. If the students
had their own council member, they would be more likely to vote.
Council Member Perry stated that he and all of the Council Members
took very seriously their responsibility to represent each citizen
even when from a single member district. Every voter was involved
in the election of at least three members of the Council. Every
voter voted for the Mayor, for the at-large members and for the
single member representative.
City of Denton City Council Minutes
November 5, 1991
Page 15
433
Alves disagreed that at times there were three different
representatives for a single student.
Christopher Jones stated that he was in favor of Plan E as it
fulfilled the two main requirements set out by the Justice
Department. It enhanced minority voting ensuring minority
representation existed on the Council and cut across the fewest
number of districts. He did not feel that argument that Plan E
moved too many people was valid as it was the right thing to do.
Students were one of the major sources of revenue for the City.
However, they were forced under the current system and the proposed
Plan A to try and balance with three Council Members. Another
concern voiced was that students were not permanent residents. He
felt that was not valid as this was similar to other areas where
residents only stayed in an area for three years. He polled
students at the University and the majority felt that the Council
did not represent them.
Mariah Boone stated that Plan E gave voting power to minorities and
students. Students provided a lot of volunteer work in the
community. Plan E was an adequate compromise for a 6-1 plan.
Frank Davila, representing LULAC, felt that there was not enough
Hispanic representation in government and that they should not be
divided into several districts. Voting strength would be achieved
if Hispanics were strong in one district. Under the current plan,
Hispanics were not adequately represented on the City's Boards and
Commissions. He felt a 6-1 plan would broaden the understanding of
the Boards and Commissions and that no particular district would be
represented by two votes. He urged the Council to consider a
Charter amendment for a 6-1 plan.
David Claibourne stated that Kerr Hall favored Plan E and urged the
Council to consider that plan.
Douglas Garay stated percentage-wise, there were more students who
voted in a campus election than individuals who voted in the City
election. The government was facing a chronic battle of low voter
percentages. The students were wanting to change that and were
making an effort. Option E would give the students a chance to
lead the way in the voting.
Joe Dodd stated the Council should consider the candidates for
public office in Denton. There was no identity in the current
districts as they were now divided. Option E would allow for an
identity within the districts.
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Page 16
Seth Persful felt that Plan E would be fairer and more equitable.
Plan A would not be fair or equitable as it promoted status quo
stagnation. Four out of seven Council people currently lived
within one mile of each other. He felt that proved the necessity
for redistricting. Plan E would provide student unification. The
city had a moral obligation to make voting easier. Plan E offered
minority unification. Whether speaking about minorities or
students, they had a very valid voice in the community and that
needed to be unified.
Chris Turner felt that there was a need to promote a sense of duty
and involvement among young people. They needed to be brought into
the decision making process. Currently there was a lot of voter
apathy. Young people should have the right to make a difference
which was countered by not allowing student representation. He
requested the Council consider Plan E.
Karen Hicks was upset that students were divided. They needed to
be united as they were on campus. She supported Plan E.
Sarah Baer believed in a cooperative effort. She did not feel she
was a transitory person in the community nor was anyone who
attended the University of North Texas. She had worked extensively
with community efforts in Denton. She was in favor of Plan E.
Brian Bennett stated that 1,867 students went to the polls for a
homecoming election to show participation for referendum items and
for student assembly members. Last spring, 1,000 people voted in
resident hall elections. Other major college cities such as Port
Arthur, Beaumont, Bryan, College Station and Nacogdoches had some
type of student representation on their city councils. That same
type of representation was needed in Denton.
Council Member Perry asked what type of representation Bryan and
College Station had for students.
Bennett replied that some of the cities had a non-voting seat and
some had a voting representative.
Steve zarella felt that if the campus were united, there would be
one place to vote, would be less confusing and have more
participation. Plan E would allow for more participation. Student
registration was increasing and they needed representation.
Trent Tice felt that Denton and the University of North Texas cQ~
co-exls% to benefit both Denton and the University. This was not
possible if the University was divided into three different
districts. Denton was growing as was TWU and UNT. This was a
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City of Denton City Council Minutes
November 5, 1991
Page 17
unique opportunity to enhance the minority population and the voice
of the student body. He urged the Council to adopt Plan E.
Carol Contee felt that the majority of the Council was in favor of
Plan A as it was the easiest to be implemented. There would be
less changing of lines and less work to be done. Would this be
best for the City of Denton and for the minority population. She
favored Plan E. A 6-1 plan would not improve the plight of the
minorities in Denton and would not guarantee a minority seat. In
her opinion, the Hispanics and African-Americans would comprise a
combined total of 34.35% in District One which would be the largest
percentage out of all options.
Tom Thomas stated that a lot of the individuals who spoke in favor
of Plan E were not speaking on behalf of themselves. They were
speaking for thousands of students and citizens in Denton.
Consumers, future business owners, future Council Members. They
were the future of Denton and currently they were denied their
future as they were split into different districts. He preferred
a 6-1 plan but Plan E was a good compromise.
Curtis Ramsey felt that the Council had seen and heard some of the
"cream of the crop" of the educational system taking their proper
responsibility as citizens of Denton. He asked the Council to
listen carefully to them.
The Mayor closed the public hearing.
Council continued with a discussion of the boundaries of the
various districts in Plan E, the boundaries of districts in Plan A
and the differences between Plans A and E.
Persuad stated that the current schedule was to hold an additional
public hearing at the November 19 Council meeting and consider
adoption of an ordinance for a particular plan to be submitted to
the Justice Department. The Justice Department had sixty days to
respond to the City's request. The time frame was important as a
change in district boundaries might possible affect a candidate
filing for office.
City Manager Harrell indicated that staff was needing direction on
which Plan the Council preferred so that an ordinance could be
drafted. It would be possible for several ordinances to be
prepared if the Council desired.
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Page 18
Alexander motioned, Chew seconded to direct staff to prepare an
ordinance for Plan A and Plan E for Council consideration. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
6. Consent Agenda
Council Member Trent asked that Item 6.A.1. be pulled for
discussion.
Hopkins motioned, Chew seconded to approve the Consent Agenda with
the exception of Item 6.A.1. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
ae
Bids and Purchase Orders:
e
Bid #1287 - Precast wall construction for Airport
Substation
3. Bid #1288 - Oriole Street Paving
4. Bid #1292 - Cleaning of Anaerobic Digester
5. PO #20243 - J. S. Equipment Service
Council Member Trent asked if the City would be the purchaser of
the proposed equipment or would it be purchased by a third party.
City Manager Harrell replied that the purchase would be a lease
purchase but that the City would be the contractor. If approved,
the Council would be accepting the low bid for the items. The
prices would be valid for six months which would allow time to
adjust quantities. It was being investigated if someone would want
to sell the City used equipment.
Council Member Trent was concerned with the possible suit filed by
Texas Waste Management.
Mayor Pro Tem Hopkins stated that no one knew how long a possible
suit might be in court. The City should go forward with the
decision Council made previously and not allow that to keep the
City from doing business.
Council Member Trent asked how the purchase of the equipment
affected the projected profits.
437
City of Denton City Council Minutes
November 5, 1991
Page 19
City Manager Harrell stated that the purchase had been figured into
the numbers. In order to keep on schedule, the City needed to keep
on track with the necessary purchases.
Council Member Alexander stated that he recognized the concerns
expressed by Council Member Trent but that the Council needed to
focus on not allowing a threat to change the City's policy.
Alexander motioned, Smith seconded to approve Consent Agenda Item
6.A.1. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried with a 6-1 vote.
A. Bids and Purchase Orders:
1. Bid #1286 - Refuse Equipment
7. Ordinances
A. The Council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for purchase
of materials, equipment, supplies or services. (6.A.1. - Bid #1286)
The following ordinance was considered:
91-157
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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.
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "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.2. - Bid ~1287, 6.A.3. - Bid
#1288, 6.A.4. - Bid #1292)
The following ordinance was considered:
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City of Denton City Council Minutes
November 5, 1991
Page 20
91-158
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.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "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 emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (6.A.5. - PO #20243)
The following ordinance was considered:
91-159
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "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 agreement between the City of Denton and Denton County Friends
of the Family; authorizing the Mayor to execute the agreement; and
approving the expenditure of funds therefor.
City Manager Harrell stated that Items D, E, F, G, H, I and J were
formal contracts which implemented budgetary decisions that the
Council made to enter into with social service agencies either with
General Fund dollars or Community Development Block Grant dollars.
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 21
91-160
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
E. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and Services Program for
Aging Needs, Incorporated; authorizing the Mayor to execute the
agreement; and approving the expenditure of funds therefor.
Council Member Chew left the meeting.
Mayor Castleberry stated that Council Member Chew was on the SPAN
Board and therefor had to leave the meeting for this ordinance.
The following ordinance was considered:
91-161
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON
AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
Perry motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Chew returned to the meeting.
F. The Council considered adoption of an ordinance approving
a funding agreement between the City of Denton and Fred Moore Child
Care Center; authorizing the Mayor to execute the agreement; and
approving the expenditure of funds therefor.
The following ordinance was considered:
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City of Denton City Council Minutes
November 5, 1991
Page 22
91-162
AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF
DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
G. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and Denton City-County Day
Nursery; authorizing the Mayor to execute the agreement; and
approving the expenditure of funds therefor.
The following ordinance was considered:
91-163
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
H. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and Community Clinics for
Denton County; authorizing the Mayor to execute the agreement; and
approving the expenditure of funds therefor.
The following ordinance was considered:
91-164
AN ORDINANCE APPROVINGANAGREEMENT BETWEEN THE CITY OF DENTON
AND THE COMMUNITY CLINICS FOR DENTON COUNTY; AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT; APPROVING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
November 5, 1991
Page 23
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "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 Denton Housing
Authority to provide funding to TWU Cares, a primary health care
clinic; authorizing the Mayor to execute the agreement; and
approving the expenditure of funds therefor.
The following ordinance was considered:
91-165
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON
AND DENTON HOUSING AUTHORITY TO PROVIDE FUNDING TO TWU CARES,
A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
J. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and Hope, Inc. to provide
assistance for the homeless; authorizing the Mayor to execute the
agreement; and approving the expenditure of funds therefor.
The following ordinance was considered:
91-166
AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON
AND HOPE, INC. TO PROVIDE ASSISTANCE FOR THE HOMELESS;
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE FOR FUNDS THEREFOR; AND PROVIDE FOR AN EFFECTIVE
DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
K. The Council considered adoption of an ordinance amending
Chapter 4, "Alarm Systems", of the Code of Ordinances of the City
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City of Denton City Council Minutes
November 5, 1991
Page 24
of Denton providing for definitions, providing for apartment
complex owners to be responsible for apartment unit violations,
providing for termination of alarm system permit; providing for a
service charge for false burglar alarms; and providing for a
penalty in the maximum of $500 for violations thereof.
City Manager Harrell stated that the proposed ordinance would bring
the City ordinance into compliance with a recently passed State
law.
The following ordinance was considered:
91-167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 4,
"ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON PROVIDING FOR DEFINITIONS, PROVIDING FOR APARTMENT
COMPLEX OWNERS TO BE RESPONSIBLE FOR APARTMENT UNIT
VIOLATIONS, PROVIDING OR TERMINATION OF ALARM SYSTEM PERMIT;
PROVIDING FOR A SERVICE CHARGE FOR FALSE BURGLAR ALARMS;
PROVIDING FOR A PENALTY IN THE MAXIMUMOF $500 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye" Hopkins "aye" Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
L. The Council considered adoption of an ordinance amending
Section 34-115 (C) (4) of the Code of Ordinances providing for the
citizens Traffic Safety Support Commission to have final authority
over appeals and variances involving parking lot/driveway permits.
(The Planning and Zoning Commission and the Citizens Traffic Safety
Support Commission recommended approval.)
Jerry Clark, City Engineer, stated that staff had received input
from the Citizens Traffic Safety Support Commission which wanted
their decisions to have more effect. Persons in development
process want a shorter more concise variance proce~ for driveway~
and parking lots. The ordinance would shorten the development
process by reducing the number of Commissions that the variance
would be considered by.
Council Member Trent asked if an individual appealed the decision
of the Commission to Council, what the fee would be to do so.'
Clark replied that at this time, there was no fee.
implemented in the future if necessary.
One may be
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City of Denton City Council Minutes
November 5, 1991
Page 25
The following ordinance was considered:
91-168
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION
34-115 (C) (4) OF THE CODE OF ORDINANCES PROVIDING FOR THE
CITIZENS TRAFFIC SUPPORT COMMISSION TO HAVE FINAL AUTHORITY
OVER APPEALS AND VARIANCES INVOLVING PARKING LOT/DRIVEWAY
PERMITS; AND PROVIDING FOR AN EFFECTIVE DATE.
Trent motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
M. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for the
purchase of employee group health insurance to Philadelphia
American Life Insurance Company.
City Manager Harrell stated that the proposed ordinance tracked the
presentation made two weeks ago to Council.
The following ordinance was considered:
91-169
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACT FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH
INSURANCE TO PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned to adopt the ordinance. Perry seconded with a
suggestion for a wording change for the background information. He
requested the wording be changed to "and other licensed mental
health practitioners" on page 3, paragraph 2. Council Member Chew
agreed with the change of wording. On roll vote, Trent "aye",
Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
N. The Council considered adoption of an ordinance amending
an agreement between the City of Denton and Sanus Texas Health
Plan, Inc. to extend the contract by one month, to provide for
revised fees for that month, and to provide for termination.
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City of Denton City Council Minutes
November 5, 1991
Page 26
The following ordinance was considered:
91-170
AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND SANUS TEXAS HEALTH PLAN, INC. TO EXTEND THE CONTRACT BY
ONE MONTH, TO PROVIDE FOR REVISED FEES FOR THAT MONTH, AND TO
PROVIDE FOR TERMINATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye" Hopkins "aye" Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
O. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Coopers & Lybrand, Inc. relating to professional
consulting services for implementing the City's Employee Health
Insurance Program.
91-171
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND,
INC. RELATING TO PROFESSIONAL CONSULTING SERVICES FOR
IMPLEMENTING THE CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
AN EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
P. The Council considered adoption of an ordinance
authorizing the Mayor to execute an interlocal agreement between
the City of Denton and the City of Garland for the purchase of four
remote terminal S.C.A.D.A. units. (The Public Utilities Board
recommended approval.)
Lloyd Harrell, City Manager, stated that the City and other Texas
Municipal Power Pool members had agreed to arrangements with the
Brazos system for dispatching and electrical power interchange
scheduling. The TMPP Pool Committee also agreed that Pool members
should be responsible for the purchase of the remote terminal units
required for their respective systems. The City of Garland
received the best prices per RTU available. The City of Denton and
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City of Denton City Council Minutes
November 5, 1991
Page 27
the City of Greenville had opted to purchase their required units
through Garland.
The following ordinance was considered:
91-172
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GARLAND
FOR THE PURCHASE OF FOUR (4) REMOTE TERMINAL S.C.A.D.A. UNITS;
AND PROVIDING FORAN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Q. The Council considered adoption of an ordinance approving
a compromise settlement and release agreement with Fernando
Martinez.
The following ordinance was considered:
91-173
AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE
SETTLEMENT AND RELEASE AGREEMENT WITH FERNANDO MARTINEZ; AND
PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
R. The Council considered adoption of an ordinance approving
the purchase of a utility easement from Patsy L. Hutton and
authorizing expenditure of funds.
Dave Ham, Manager of Construction Projects, stated that the
easement was in conjunction with the purchase for water
transmission line to the new water planton Hartlee Road.
Mayor Pro Tem Hopkins questioned the fact that the notary public
who notarized the document had the same last name as Ms. Hutton.
Were they related and was that a properly notarized signature.
City Manager Harrell indicated that staff would investigate the
signature and would pull the item from consideration at this time.
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City of Denton City Council Minutes
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Page 28
S. The Council considered adoption of an ordinance amending
Chapter 20 of the Code of Ordinances to create a duty to keep
sidewalks, parkways and alleyways clean; providing for abatement by
the City for failure to comply; and providing for a penalty in the
maximum amount of $500 for violation thereof.
City Manager Harrell indicated that this
inadvertently when the Code was recodified.
restore the previous ordinance.
item was left out
This ordinance would
Mayor Pro Tem Hopkins asked if the proposed ordinance changed any
previous provisions.
City Manager Harrell replied no. It was exactly what was in the
previous Code Book.
City Attorney Drayovitch stated that it was what was in before.
The codifiers thought it was covered by another section and in
trying to streamline the Code, deleted it. However, it was
discovered that it was Beautification,s enforcement proceedings.
Council Member Trent stated that it did not transfer any liability
from the City to another party.
City Attorney Drayovitch stated that it would be the homeowner,s
responsibility to keep the sidewalks clean.
Council Member Trent asked that if the City made a homeowner put in
a sidewalk and someone slipped on that sidewalk, who would be
liable.
City Attorney Drayovitch replied it depended on the facts.
would be either or both.
The following ordinance was considered:
It
91-174
AN ORDINANCE OF THE CITY OF DENTON AMENDING C~APTER 20 OP TH2
CODE OR ORDINANCES OF THE CITY OF DENTON, TEXAS TO CREATE A
DUTY TO KEEP SIDEWALKS, PARKWAYS AND ALLEYWAYS CLEAN;
PROVIDING FOR ABATEMENT BY THE CITY FOR FAILURE TO COMPLY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500 FOR
VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
November 5, 1991
Page 29
Alexander motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "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 casting
votes for membership to the Board of Directors of the Denton
Central Appraisal District.
John McGrane, Executive Director for Finance, stated that this
resolution would cast the City of Denton's 407 votes out of a
possible 5,000 of all of the jurisdictions for one or more of the
Board positions for the Denton Central Appraisal District. At a
prior meeting, the City nominated Horace Brock. The School
District had also joined that nomination. The Mayor and he had
attended a meeting with a majority of the School District
representatives who had indicated that both entities should cast
their votes for a single nominee.
The following resolution was considered:
R91-066
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF
DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
Alexander motioned, Chew seconded to cast all 407 votes for Horace
Brock. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
B. The Council considered approval of a resolution to allow
the State of Texas to reimburse the City for signal maintenance.
Jerry Clark, City Engineer, stated that the City currently
maintained all signals in the City. This resolution would allow
the State to reimburse the City for signals which were on the
frontage roads, on controlled access highways and would net the
City approximately $6,900 of revenue for maintenance and $6,055 for
power costs.
The following resolution was considered:
448
City of Denton City Council Minutes
November 5, 1991
Page 30
R91-067
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR THE INSTALLATIONAND REIMBURSEMENT FOR THE
OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Trent motioned, Chew seconded to approve the resolution. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
C. The Council considered approval of a resolution
authorizing the City Manager to execute a lease agreement between
the City of Denton and Ernest and Lewis Trietsch for property
located at the City of Denton Municipal Airport.
Rick Svehla, Deputy City Manager, stated that this was a
continuation of a present lease.
The following resolution was considered:
R91-068
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST AND LEWIS
TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL
AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Trent seconded to approve the resolution. On
roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
9. Miscellaneous matters from the City Manager.
A. The Council considered a request from Curtis Ramsey
regarding a letter of support from the City Council to the Justice
Department regarding the redistricting of Denton and authorizing
the Mayor to forward such a letter of support.
City Manager Harrell stated that Mr. Ramsey had written the City a
letter requesting a letter of support from the Council to the
Justice Department expressing the City's concerns regarding the
State Legislative House Districts adopted by the last session of
the Legislature. A copy of the letter authorized by the Council
for the Mayor to send to the Governor had been included.
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City of Denton City Council Minutes
November 5, 1991
Page 31
Council discussed whether it would be proper to lobby the Justice
Department, what effect such a letter would have and if the City
still had the support of the Chamber and other groups as indicated
in the previous letter.
Hopkins motioned to write a letter under the Mayor's signature
quoting the views already agreed on such as the split of the City
three ways, the split of the Universities, etc.
City Attorney Drayovitch suggested that before the terms of the
letter were defined, a review should be made of other letters sent
by LULAC and NAACP.
Hopkins included in her motion that the letter be reviewed by
Council at the next meeting.
Alexander seconded the motion.
On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
B. The Council received a report regarding flooding
difficulties experienced in the City this week.
Deputy City Manager Svehla stated that the most significant problem
with flooding dealt with a bridge over Cooper Creek on Mayhill
Road. Half of the bridge was in the City limits and half was in
the County. He had spoken with Commissioner Cole and Dennis Burns,
Director of Public Works for Denton County, about the bridge. They
seemed agreeable to a joint project and suggested that the City
write the County a formal letter suggesting that they pursue a
joint funding agreement. The cost of this type of a bridge would
be approximately $50,000. The damage to the bridge required that
it be replaced. It could not just be repaired.
Consensus of the Council was to proceed with the joint County
agreement.
10. There was no official action taken on Executive Session items
during the Work Session Executive Session.
11. New Business
The following items were suggested by Council Members for future
agendas:
450
City of Denton City Council Minutes
November 5, 1991
Page 32
A. Council Member Trent stated that he had found out that if
the City of Denton were willing to move in the direction of a K-9
unit, there were certain individuals who would be willing to
finance such an operation. He requested the Manager look into such
a program.
City Attorney Drayovitch stated that some research had already been
done in that area and that a legal report would follow.
B. Council Member Smith presented an update regarding the
Neptune Street residents and the Loop 288 project. She stated that
Rick Svehla, Dr. Perry, a representative of the Highway Department
and she had met with the neighbors and had a very productive
meeting.- A plan for the wall had been presented. It was decided
that the steps for the wall building would proceed. Lots of good
communication had taken place.
12. The Council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was adjourned at 11:22 p.m.
cC~yiPER~LT~S
OF~YENTON, TEXAS
ACC00012
BOB CASTLEBERRY, MAYO~
CITY OF DENTON, TEXAS/
/