Minutes December 03, 1991473
CITY OF DENTON CITY COUNCIL MINUTES
DECEMBER 3 , 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, Chew, Perry, Smith and Trent.
ABSENT: None
1. The Council convened into the Executive Session to
discuss legal matters (considered action in Wriaht v. City of
Denton and regarding in re: Flow), real estate and personnel/board
appointments (considered appointments to the Airport Zoning
Commission and the Zoning Task Force).
Mayor Pro Tem Hopkins left the meeting during the discussion of In
re: Flow.
2. The Council received a report, held a discussion and gave
staff direction regarding options for the greenbelt corridor.
Howard Martin, Director of Environmental Services/Financial
Administration, reported that as part of water development on Lake
Ray Roberts, the city was required to fund recreational facilities
on both Lake Ray Roberts and Lewisville Lake. In lieu of
conventional facilities, the city developed a greenbelt concept
with the Federal government paying 37.5% of the cost, the sponsors
(Denton and Dallas) paying 37.5% of the cost, and the State
participating in 25% of the cost in the form of up front money with
the total cost of development of the greenbelt being $9.2 million.
As a result of a meeting with the Texas Parks and Wildlife
Department, the Army Corps of Engineers, and the sponsors to
discuss contract revisions required to continue with the
development, Texas Parks and Wildlife informed the city that they
would not be participating in their 25% share of the project which
amounted to about $2.3 million. After discussing several options
with the Army Corps of Engineers, the conclusion was that the best
option would be to continue with the development of the greenbelt
in lieu of conventional facilities with the Army~Corps of Engineers
picking up the up front cost associated with the $2.3 million and
allowing the sponsors to repay over a 50 year time period. At
their last meeting, the Public Utilities Board recommended to the
Council to continue with the development of the greenbelt with the
city picking up 26% of the State's $2.3 million which would amount
to approximately $600,000. The additional cost increased the total
overall cost of the project for the city from $897,000 to $1.5
million.
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December 3, 1991
Page 2
Council Member Smith inquired as to how many years the city would
be making payments of $111,000.
Mr. Martin replied that the term would be 50 years at 7.21%
interest out of the utility budget.
Lloyd Harrell, City Manager, stated that under the terms of the
contract with the Army Corps of Engineers to build Lake Ray Roberts
the city was obligated to repay the Corps for a percentage of the
project over a 50 year period and was obligated to make
recreational improvements at both Ray Roberts and Lewisville
according to a formula used on all Corps projects. The greenbelt
was the better option for Denton residents.
Mr. Martin reported that the Texas Parks and Wildlife Department
would continue to operate and maintain the greenbelt so the city
would not be obligated for the costs.
Council Member Alexander stated that an important part of the
negotiations with the Corps was their agreement to pay the up front
money which resulted in some short term cost savings.
Council Member Trent questioned if the Corps would follow through
on their commitment.
Mr. Martin stated that there was a contractual agreement with the
Corps, but that the State never had a contract or an agreement with
anyone.
Council Member Trent suggested an attempt be made to get additional
funding through Congress.
Mr. Martin reported 'that it was difficult to get the re-
authorization for the increase in the original greenbelt for land
costs and funds from Congress could not be guaranteed. The city
would continue to explore with the Army Corps of Engineers the
option of going to Congress for more funding.
Council Member Perry recommended that the city continue to work
with the state for additional funding.
The consensus of the Council was to recommend Option #3 which
continued the greenbelt development with the city picking up their
portion of the state's funding and continuing to explore all
possibilities of funding with the Congress and the State.
3. The Council reviewed and authorized a letter of response
to the Legal Defense Fund of the Texas Hotel/Motel Association.
City of Denton City Council Minutes
December 3, 1991
Page 3
475
John McGrane, Executive Director for Finance, reported that the
city had received a letter from Donald Hansen, Secretary-Treasurer
of the Legal Defense Fund of the Texas Hotel/Motel Association,
questioning the use of some of the hotel/motel funds the city
received from renting rooms within the city limits. The draft
response letter stated the city had contractual arrangements with
all of the organizations, in particular in the area of the arts
because of Mr. Hansen's concern that the city was over the State's
legislative limit on how much could be provided for the arts. The
letter outlined that the city had two contracts with the arts, one
actually for the arts and one for the building fund which expires
in the Spring of 1992. The response letter had been reviewed by
the City Attorney.
Council Member Smith suggested that the letter from the city should
include the purpose of the contract for the building fund which was
the renovation of the old steam plant to make it an auditorium for
the performing arts.
Council Member Trent questioned if the contract outlined a
commencement and completion date.
City Attorney Debra Drayovitch stated that the contract did not
provide for a commencement or completion date. The funds were tax
funds and could only be spent as authorized by the legislature.
Even though there was no specific time line in the contract, the
funds could not be spent for any other purpose.
The consensus of the Council was to send the letter with the
suggested change.
4. The Council received a report and gave staff direction
regarding paying a refund to electric utility customers in the City
of Denton from surplus funds resulting from lower gas costs in
1991.
Howard Martin, Director of Environmental Services/Financial
Administration, reported that in Fiscal Year 90/91 the city had an
energy cost adjustment for city fuel charges budgeted at 1.9¢. At
the end of the fiscal year, the city's average annual gas cost was
actually 1.6¢. The overcharge amounted to an approximate $2.3
million.
The Public Utilities Board recommended a refund by check of .3¢ per
kwh to all city electric customers. The recommendation would be to
issue checks to all active electric customers that received service
from October 1990 through September of 1991. The city would also
advertise in the Dallas/Fort Worth metroplex for inactive customers
that had left the system but had service during the refund time
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city of Denton City Council Minutes
December 3, 1991
Page 4
period. The customers would be allowed to make application for
refund. Rebates of $5 or less would be credited to the account.
Those customers with past due accounts would have their rebates
automatically applied to their account.
Mayor Pro Tem Hopkins questioned if there were any special legal
problems involved with the refund.
Debra Drayovitch, City Attorney, stated that she was still looking
at the offset on the past due/delinquents and what obligations
would apply to notifying people that were not currently active
accounts. The City Attorney stated that checks issued to persons
not currently active would have to go the State's unclaimed money
fund if the checks were not claimed .
John McGrane, Executive Director'of Finance, stated that the Public
Utilities Board had agreed to the option of application for those.
that were not current customers because of the State requirement
that the check would have to be held for two years if it were not
claimed.
Mayor Pro Tem Hopkins questioned what the expense would be in
cutting and mailing the checks and thought there would be more to
rebate if the customers would have their accounts credited.
Mr. Martin stated that the maximum cost in rebating by check would
be less than $15,000 and would be covered by the excess funds.
Council Member Alexander stated that the rebate would generate an
enormous amount of goodwill with our utility customers.
The consensus of the Council was to work out the legal issues and
proceed with the necessary ordinance for the refund to be presented
to Council on December 17th.
5. The Council received a report and held a discussion
regarding alternatives to the existing structure of the Plumbing
and Mechanical Code Board, the Electrical Code Board and the
Building Code Board of Appeals and gave staff direction.
Frank Robbins, Executive Director for Planning and Community
Development, stated that currently members of two of the city's
appeals boards were in violation of Article 14.04, Personal
Interest of the City Charter because they are engaged in the sale
of products or services to the city. The board members would not
be illegal or in violation of the Charter to bid on city contracts
or sales. The violation occurred when the person remained a member
of a board that made a final decision on appeals. Several options
City of Denton City Council Minutes
December 3, 1991 ....
Page 5
477
were outlined in the agenda information provided to the Council and
discussed by Mr. Robbins. Discussion of the of pros and cons of
the options was held.
Council Member Alexander recommended that Council direct staff to
find a mechanism to develop a pool of names for board and
commission appointments especially those which required technical
qualifications. The city needed to aggressively seek a list of
names that would be eligible for service and make the list
available to the Council when appointments were necessary.
Mayor Pro Tem Hopkins recommended that an effort should be made to
speak to the major Denton employers who had people on their staff
with the expertise needed.
The consensus of the Council was for Option #7 which was to follow
the City Charter.
The Council convened into the Regular Session at 7:00 p.m. in the'
Council Chambers.
PRESENT:
Mayor Castleberry; Mayor Pro Tem Hopkins; COuncil
Members Alexander, Chew, Perry, Smith and Trent.
ABSENT: None
1. Pledge of Allegiance.
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the regular
session of November 5, 1991.
Perry motioned, Chew seconded to approve the minutes of November 5,
1991. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. Citizen Reports
A. The Council received a citizens report from Carl Young
regarding a Police Review Board.
Mr. Young distributed materials to the City Council and stated that
he would like the City Council to consider formation of a police
review board. Mr. Young stated that the information outlined
several incidences in which harassment by the Denton city Police
had occurred. Mr. Young indicated that a review board allowed a
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City of Denton City Council Minutes
December 3, 1991
Page 6
check and balance system and created a spirit of cooperation
between the police and citizens. Mr. Young stated that the
problems with the police resulted from the city's budgeting process
and the necessity to collect monies from fines.
B. The Council received a citizen report from Artist
Thornton regarding a Police Review Board.
Mr. Thornton did not appear.
Council Member Alexander stated that City Council was concerned
about the quality of police service in Denton. He stated that the
consensus of those he knew who had studied criminal justice and law
enforcement was that a police review board was not something that
a community like Denton would want. Mr. Alexander pledged that the
City Council would be vigilant in protecting the interests of the
citizens of Denton. Mr. Alexander also stated that the City
'Council demanded that complaints filed with the Police Department
be thoroughly reviewed and reported as appropriate.
Mr. Young stated that Joyce Young had filed a complaint with the
Police Department and was unable to obtain a copy of the complaint
from them.
Council Member Alexander stated that a process for filing and
handling complaints with the Police Department in Denton was in
place.
Council Member Trent stated that the City Council would look at the
possibility of a police review board. He stated that the issue of
budget pressures being a part of the police problem was not true,
and fines would not be used to increase revenues.
B. The Council received a report from Artist Thornton
regarding a Police Review Board.
Mr. Thornton arrived and was allowed to address the City Council.
Mr. Thornton presented a petition with 1,068 signatures from
citizens requesting a police review board. The petition stated
that the board was needed for the City of Denton Police Department
as a check and balance system and felt the city should not feel
threatened by the establishment of the board. Mr. Thornton felt
that the City Council was not living up the expectations of their
constituents. He stated that a board provided a comfort zone for
citizens filing a complaint.
Council Member Chew stated that a meeting had been held several
weeks ago with Mr. Young, students from the universities, the Mayor
', j
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City of Denton City Council Minutes
December 3, 1991 ..
Page 7
and the Police Chief in which the group had been encouraged to have
complaints processed through the system that was in place for
handling complaints. Mr. Chew asked if any of the problems
discussed at the meeting had been processed through the proper
channels either with the Chief of Police, the City Manager, or the
Mayor's Office.
Mr. Thornton stated that many people were afraid to come forward
and file their complaints.
Council Member Chew questioned how the group could state that the
system did not work if they had not tried it.
Mr. Thornton stated that they could not try the system because they
were too afraid to approach the system.
Council Member Chew responded that until the system in place had
been tried and proved that it did not work, he could not support
the need for a review board. The problems presented needed to be
taken care of through the system. If it were proven that the-
system did not work, then there would be a reason to pursue the
possibility of a review board.
Lloyd Harrell, City Manager, stated that the current procedure for
review of alleged violations concerning the Police Department
placed responsibility for investigations with the City Manager with
the assistance of the Police Chief. He stated that the message the
city was sending was that the police officers were misbehaving to
a point that the Police Chief could not adequately investigate
misbehavior when those allegations were brought forth. Mr. Harrell
stated that was not the case. The Police Chief and the Internal
Affairs Division conducted thorough and complete investigations and
would continue to do so with each complaint.
Mayor Castleberry stated that a meeting with Mr. Thornton and Mr.
Young including the Police Chief would be scheduled in the future.
4. The Council held a public hearing and considered adoption of
an ordinance rezoning a 13,460 square foot tract of land located at
the southwest corner of Fannin and Bernard Streets from the SF-7
(single family) to the 2F (two family) district. Z-91-016 (The
Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning and Community
Development, stated that the recommendation of the ordinance would
be to rezone the tract of land at Fannin and Bernard Streets from
single family to two familY. The Planning Department had received
only two verbal replies in approval and no replies in opposition
from the 32 reply forms sent. The potential platting and
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City of Denton City Council Minutes
December 3, 1991
Page 8
development would change from single family to two family in
accordance with the zoning ordinance for the 2F district.
The Mayor opened the public hearing.
John C. Johnson, owner of the two lots, stated that he was
requesting rezoning in accordance with the Development Guide. He
also stated that approval of the zoning request contributed in a
small way to a solution of the growing problem of persons unable'to
own their own homes in Denton. The rezoning request would assist
in providing decent, affordable rental housing for four families.
No one spoke in opposition.
Mayor Castleberry closed the public hearing.
The following ordinance was considered:
91-183A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE.FROM ONE-FAMILY DWELLING (SF-7) TO TWO-FAMILY DWELLING
(2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
13,460 SQUARE FEET OF LAND LOCATED AT THE SOUTHWEST CORNER OF
FANNIN AND BERNARD STREETS IN THE HILLSIDE ADDITION TO THE
CITY OF DENTON, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance.
vote, Trent "aye", Alexander "aye",
Chew "aye", Perry "aye", and Mayor
carried unanimously.
5. Consent Agenda
On roll
Hopkins "aye", Smith "aye",
Castleberry "aye". Motion
Council Member Trent asked that Item 5.A.2. be pulled for
discussion.
Hopkins motioned, Chew seconded to approve the Consent Agenda with
the exception of item ~.A.2. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase Orders
1. Bid ~1294 - Tree Trim~ing
3. Bid #1300 - Concrete Contai~ent Ta~ '
City of Denton City Council Minutes
December 3, 1991
Page 9
481
4. Bid #1305 - Nottingham Drainage Improvements
Council Member Trent questioned that the agenda back up indicated
that Caterpillar was the only manufacturer and if other
manufacturers of landfill compactors had been contacted and their
response.
Tom Shaw, Purchasing Agent, stated that distributors for landfill
compactors were researched after receiving only one response to the
Request for Bid. Rex and Bomag distributors were solicited for bid
and chose not to reply. Caterpillar was the only manufacturer of
a four-wheel compactor.
Council Member Trent questioned how the decision was made to
purchase the 816 instead of the 826.
Charles Watkins, Superintendent/Solid Waste, stated the decision
was based on the fact that the machine was adequate to handle the
volume of solid waste received at the landfill. The current
machine was adequate, but unreliable. The larger unit would cost
an additional $100,000.
Alexander motioned, Chew seconded to approve Consent Agenda Item
5.A.2. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
6. 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. (5.A.1. - Bid
#1294, 5.A.2. - Bid #1298, 5.A.3. - Bid #1300)
The following ordinance was considered:
91-184
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander 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~
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City of Denton City Council Minutes
December 3, 1991
Page 10
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.4. - Bid #1305)
The following ordinance was considered:
91-185
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. On rol1
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
authorizing and allowing, under the act governing the Texas
Municipal Retirement System, "Updated Service Credits" in the
system on an annual basis for service performed by qualifying
members of such system who, at the effective date of the allowance,
in the employment of the City of D~nton; and providing for
~reased prior and current service annuities for retirees of the
City.
Ike Obi, Personnel Specialist, stated that the ordinance
implemented service credit updates for 1992 calendar year and would
take effect January 1, 1992. Funding was approved in the 91/92
fiscal year budgeting process. One of the advantages of the
program ensured employee benefits were updated using their most
recent three year salary and authorized the city on an annual basis
to implement the program on a repetitive basis and eliminated the
necessity to acquire annual City Council approval. The ordinance
also brought current retirees monthly benefits to 70% in line with
cost of living increases.
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City of Denton City Council Minutes
December 3, 1991
Page 11
The following ordinance was considered:
91-186
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE
CREDITS" IN THE SYSTEM ON AN ANNUAL BASIS FOR SERVICE
PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO, AT THE
EFFECTIVE DATE OF THE ALLOWANCE, ARE IN THE EMPLOYMENT OF THE
CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT
SERVICE ANNUITIES FOR RETIREES OF THE CITY; AND ESTABLISHING
AN EFFECTIVE DATE.
Alexander 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.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the agreement
between the City of Denton and Alan Plummer and Associates, Inc.
relating toprofessional engineering services for the design of the
Pecan Creek Wastewater Treatment Plant; and authorizing the
expenditure of funds. (The Public Utilities Board recommended
approval.)
Howard Martin, Director of Environmental Services/Financial
Administration, stated that Alan Plummer and Associates, Inc. was
designing improvements to bring the Pecan Creek Wastewater
Treatment Plant into compliance and for plant expansion. In May,
1991, the city entered into the agreement for the detailed design
engineering services. At the time, the city did not have enough
information to proceed with detailed designs so items M through Q
were identified as needing preliminary designs. Items M through Q
of the contract dealt with electric power to the plant, plant
instrumentation, and renovation of some of the buildings. The
preliminary designs were completed for the items and approval of
the ordinance would allow Alan Pl-mmer and Associates to proceed
with detailed designs. The cost to complete the detailed design
would be $96,100.
Mayor Pro Tem Hopkins questioned whether the monies for this
contract were all ready in house or would additional bonds need to
be sold.
Mr. Mart'in stated that the money for the detailed design was in the
1992 CIP. However, the monies for the actual improvement to the
items were budgeted in the 1996 CIP and bonds would need to be
sold.
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City of Denton City Council Minutes
December 3, 1991
Page 12
The following ordinance was considered:
91-187
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN PLUMMER
AND ASSOCIATES, INC. RELATING TO PROFESSIONAL ENGINEERING
SERVICES FOR THE DESIGN OF THE PECAN CREEK WASTEWATER
TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING 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.
E. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and the Police Athletic
League; and authorizing the Mayor to execute an agreement approving-
the expenditure of Community Development Block Grant Funds
therefore.
Barbara Ross, Community Development Coordinator, stated that during
the summer of 1990 the Council approved the CDBG Final Statement of
Objective Use of Funds for the program year which included a Police
Athletic League Program. The program was designed for the police
to reach low income children and work with them prior to the onset
of any negative influence in their lives. During the last year,
the Police Athletic League formed a 501-C3, and thus it was
appropriate to have a contract with the League for the expenditure
of the funds. Funds have been used for equipment and participation
in baseball, basketball, etc.
The following ordinance was considered:
91-188
AN ORDINANCEAPPROVINGANAGREEMENT BETWEEN THE CITY OF DENTON
AND THE POLICE ATHLETIC LEAGUE; AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT APPROVING THE EXPENDITURE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS THEREFORE; 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.
city of Denton City Council Minutes
December 3, 1991
Page 13
485
F. The Council considered adoption of an ordinance amending
Article II of Chapter 28 of the Code of Ordinances ("Building
Code") to provide for amendments and deletions to the Uniform
Building Code, 1985 Edition, previously adopted as the Building
Code for the City of Denton, repealing all ordinances in conflict
herewith; and providing for a penalty in the amount of $2,000 for
violations thereof. (The Building Code Board recommended
approval.)
Frank Robbins, Executive Director for Planning and Community
Development, stated that the Building Code Board recommended an
increase in the fees including a 20% plan review fee for one and
two family development, a 50% plan review fee for other building
permits, a $20 reroofing permit fee, and a $10 certificate of
occupancy fee. Denton's fees were substantially lower than most
other in the Metroplex, and the Major Budget Issues item had
proposed a 50% across the board fee increase which would have been
charged as a plan review fee. The Building Code Board worked on
the ordinance from August through October and established an actual
cost of service. The result of the analysis established that 50%
would not cover the total cost for most kinds of non-residential
building permits, but that a 50% increase for single and two-family
development was more than what it actually cost to do the review.
Council Member Trent stated his concern that no one from the Home
and Apartment Builders organization or the Chamber had reviewed the
ordinance. Mr. Trent also stated that through the month of
September Denton had seen an increase in single family permitting.
He expressed concern that the fee increase would discourage
development.
Mr. Robbins stated that the Chairman of the Building Code Board was
an active member of the Chamber.
Mayor Pro Tem Hopkins questioned how the fee for a building permit
was determined.
Mr. Robbins stated the building permit fee used a multiplier of the
square footage of a residential building.
Mayor Castleberry requested that the item be brought back at a
later time with additional information.
Council Member Perry questioned how long the ordinance had been
under consideration by the Building Code Board and unanimously
approved by the board.
Mr. Robbins stated that the Building Code Board began consideration
at approximately the same time the Major Budget Issue document was
City of Denton City Council Minutes
December 3, 1991
Page 14
prepared toward the end of May with more discussion in August and
September.
The following ordinance was considered:
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS ("BUILDING CODE") TO
PROVIDE FOR AMENDMENTS AND DELETIONS TO THE UNIFORM BUILDING
CODE, 1985 EDITION, PREVIOUSLY ADOPTED AS THE BUILDING CODE
FOR THE CITY OF DENTON, REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Trent moved that the ordinance be postponed to date certain,
Hopkins seconded the motion. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "nay", and
Mayor Castleberry "aye". Motion carried with a 6-1 vote.
G. The Council considered adoption of an ordinance amending
Sections 28-121 (8) and 28-210 of Chapter 28 (Building and Building
Regulations) of the Code of Ordinance, by amending the minimum fees
for permits; amending Section 28-297 (3) providing for fees for the
inspection of swimming pools, hot tubs and spas; and providing for
a severability clause. (The Plumbing and Mechanical Code Board and
the Electrical Code Board recommended approval.)
Frank Robbins, Executive Director for Planning and Community
Development, stated that the ordinance increased the minimal
electrical and plumbing permit fees from $7.50 and $10.00 to $15.00
and increased swimming pool permit fees from $20 to $30 and from
$50 to $75 depending on whether the pool were public or private.
The Plumbing and Mechanical Code Board and Electrical Code Board
unanimously recommended approval of the fees.
The following ordinance was considered:
91-189
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS
28-121 (8) AND 28-210 OF CHAPTER 28 (BUILDING AND BUILDING
REGULATIONS) OF THE CODE OF ORDINANCES, BY AMENDING THE
MINIMUM FEES FOR PERMITS; AMENDING SECTION 28-297 (3)
PROVIDING FOR FEES FOR THE INSPECTION OF SWIMMING POOLS, HOT
TUBS AND SPAS; PROVIDING FOR A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On rQll
vote, Trent "aye", Alexander "aye" Hopkins "aye", Smith "aye"
City of Denton City Council MinUtes
December 3, 1991
Page 15
Chew "aye", Perry "aye", and Mayor Castleberry "aye".
carried unanimously.
Motion
H. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Albertson's Inc. for participation in the construction
of a sixteen (16") inch water main to serve the City's utility
system; and providing for the expenditure of funds.
Lee Allison, Director of Water Operations and Engineering, stated
that the ordinance was for a basic oversize agreement for a 16"
line as outlined in the Master Plan instead of the 8" line
Albertson's had requested. Albertson's indicated that they
preferred to work on a competitive bid basis in which case the city
would establish a maximum participation amount of $14,743.
487
The following ordinance was considered:
91-189A
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND ALBERTSON'S INC. FOR
PARTICIPATION IN THE CONSTRUCTION OF A SIXTEEN (16") INCH
WATER MAIN TO SERVE THE CITY'S UTILITY SYSTEM; PROVIDING FOR
THE EXPENDITURE OF FUNDS; AND PROVIDING 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.
7. Resolutions
A. The Council considered approval of a resolution opposing
a proposed change in the Texas Administrative Code which would
allow potable water used by heat exchangers to be returned to the
potable water supply. (The Public Utilities Board recommended
approval.)
Lee Allison, Director of Water Operations and Engineering, stated
that the heat pump industry had a system that worked off of a water
distribution system for heating and air conditioning. Many
problems were associated with the systems in regards to
environmental, health and regulatory issues. New rules and
regulations coming from the Environmental Protection Agency and the
Texas Water Co~mission regarding lead and copper which are very
common in heat pump systems could put more copper and lead into the
488
City of Denton City Council Minutes
December 3, 1991
Page 16
city's system. The proposal was that these systems be unmetered.
The Texas Municipal League had taken similar action.
The following resolution was considered:
R91-072A
A RESOLUTION OPPOSING A PROPOSED CHANGE IN THE TEXAS
ADMINISTRATIVE CODE WHICH WOULD ALLOW POTABLE WATER USED BY
HEAT EXCHANGERS TO BE RETURNED TO THE POTABLE WATER SUPPLY,
AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Alexander 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.
B. The Council considered approval of a resolution
authorizing the Deputy City Manager to execute, in the City'
Manager's absence, documents on behalf of the City and authorizing
the Right-Of-Way Agent to accept easements, deeds and other
conveyance of real property on behalf of the City of Denton as may
be reasonably related to maintenance and improvement of utility
services, drainage and traffic control.
Debra Drayovitch City Attorney,
· , . stated that the. resolution was a
housekeeping matter whlch would serve to ratify the existing
procedure followed by the cit~ staff and allowing the Right-Of-Way
Agent to accept deeds and dedications that were either donated to
the city in the course of road or other project construction and
also to formally recognize the Deputy City Manager's authority to
execute contracts and other legal documents on behalf of the city
when the City Manager was absent and would forestall any legal
challenges to the actions.
The following resolution was considered:
R91-073
A RESOLUTION AUTHORIZING THE DEPUTY CITY MANAGER TO EXECUTE,
IN THE CITY MANAGERtSABSENCE, DOCUMENTS ON BEHALF OF THE CITY
AND AUTHORIZING THE RIGHT-OF-WAY AGENT TO ACCEPT EASEMENTS,
DEEDS AND OTHER ~' '~-~v%NCE OF REAL PROPERTY ON BEHALF OF THE
CITY OF DENTON ~. ~ REASONABLY RELATED TO MAINTENANCEAND
IMPROVEMENT OF .~ SERVICES, DRAINAGE AND TRAFFIC CONTROL.
Alexander motione~ ~W ~e~onded to approve the resolution, on
roll vote, Tren~ ~e", Alexander "aye", Hopkins "aye", Smith
City of Denton City Council Minutes
December 3, 1991
Page 17
489
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
8. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, reminded Council that the Mid Year
Planning Session would be held next week and begin at 4:00 p.m. in
the Civil Defense Room.
9. Official Action on Executive Session items:
D. Board Appointments
Hopkins motioned, Trent seconded to appoint Rob Rayner as a member
of the Zoning Task Force. On roll vote, Trent "aye", Alexander
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Trent moved, Perry seconded to accept the recommendation of the
Planning and Zoning Commission and the Airport Advisory Board to
name three members from each of the respective commissions to serve
on the Airport Zoning Commission which were, from the Planning and
Zoning Commission, Roy Appleton III, Ivan Glasscock, and William
Kamman; and, from the Airport Advisory Board, Allie Miller, George
Gilkison, and Rick Woolfolk and included as an alternate John
Dulemba. On roll vote, Trent "aye", Alexander "aye", Hopkins
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
10. New Business
The following items were suggested by Council Members for future
agendas:
A. Council Member Hopkins stated concern over allowing
banners to fly over a city street and would like the issue
addressed during the next revision of the sign ordinance.
11. The Council did not meet in Executive Session during the
Regular Session.
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City of Denton city Council Minutes
December 3, 1991
Page 18
With no further business, the meeting was adjourned at 8:52 p.m.
BETTY WFLLIAMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
AMM0008C