Minutes February 04, 1992?0
CITY OF DENTON CITY COUNCIL MINUTES
FEBRUARY 4, 1992
The Council convened into the Work 'Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, Smith and Trent.
ABSENT: Council Member Alexander
1. The Council convened into the Executive Session to discuss
legal matters (considered action in Texas Waste Manaqement vs. City
of Denton, considered action in David Smith vs. City of Denton,
considered action in Jolynn Nichols vs. City of Denton, considered
settlement offer in claim of University of North Texas and
considered action in City of Denton vs. Tri-Steel Structures,
Inc.), real estate and personnel/board appointments (considered
appointments to the Cable T. V. Advisory Board, the Plumbing and
Mechanical Code Board and the Airport Advisory Board.)
2. The Council received a report and held a discussion on revised
"Work Force Diversity Program".
Tom Klinck, Director of Personnel, stated he would be shoWing the
Council a video "True Colors" which would be used for employee
training. This training would raise the awareness levels of
employees.
Counc$1 Member Perry felt that it would be interesting to view men
and women in a similar situation as presented in the video.
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
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
Meeting of January 7, 1992.
City of Denton City Council Minutes
February 4, 1992
Page 2
71
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
3. Presentation of Texas Department of Transportation 70%+ Safety
Belt Use Award.
Mike West, Texas Department of Highways, stated that Denton was the
fourth city to receive this award. The Police Department had
accepted two grants from the Texas Department of Transportation for
the enforcement and education of the public in regard to the use of
seat belts. At the end of the first three month period, a seat
belt compliance rate survey indicated a 54% compliance rate for the
City. At the end of November 1991 a compliance survey indicated
that the City of Denton had reached a 73.9% compliance rate. A
more recent survey in January indicated that the City had a 76%
compliance rate.
4. Citizen Reports
A. The Council received a citizen report from Dr. Nobles
regarding a disannexation request.
Dr. Nobles stated that he sold the property to Bellaire West in
1985 and was annexed into the City in 1986. There were
unsuccessful attempts to zone the property residential. He
obtained the property back in 1990. The City limits were not near
the property and it was agricultural property. In May of 1991 he
received a notice from the City of Denton stating that the Denton
County Appraisal District had failed to pick up the property when
it was annexed in 1986. He owed back taxes since 1986. His
purpose for requesting the disannexation was that there was no need
for any City services on the property. More than 50% of the
property was in the flood plain. He was requesting a disannexation
based on the Organization of Municipal Governments - Section 43.144
- disannexation of sparsely populated area in general-law
municipality.
The Mayor thanked Dr. Nobles for his report.
The Mayor presented proclamation for American Heart Month.
5. The Council considered adoption of an ordinance abandoning and
vacating a portion of Vine Street south of Withers Street as a
public street and reserving a drainage and utility easement
therein. (The Planning and Zoning Commission recommended
approval.)
City of Denton City Council Minutes
February 4, 1992
Page 3
Rick Svehla, Deputy City Manager, stated that the property had been
rezoned for multifamily use. The City no longer had a need for
Vine Street as a street but would retain a portion as an easement.
The following ordinance was considered:
NO. 92-023A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING A PORTION OF VINE STREET SOUTH OF WITHERS STREET AS
A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT
THEREIN; AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
6. Public Hearings
A. The Council held a public hearing to consider the
preliminary and final replats of a .7675 acres into Lot 1R, Block
A, Bell Place Addition; from Lot 1 of Bell Place, part of Lot l0 of
the C. C. Bell Addition, and part of the former right-of-way of
Vine Street. The proposed apartment complex was located on the
southeast corner of Bell Avenue and Withers Street. (The Planning
and Zoning Commission recommended approval unanimously at its
January 22, 1992 meeting.)
Frank Robbins, Executive Director for Planning, stated that the
replats conformed to the minimum requirements of the Subdivision
and Land Development regulations.
The Mayor opened the public hearing.
Marvin Morgan, petitioner for the plats, stated that he would be
building an apartment complex on the property. It would consist of
three eightplex units of one bedroom, one and one half bath
apartments.
He felt that the architecture of the buildings would
fit in with the area and would be an a~et to the neighborhood.
No one spoke in opposition.
The Mayor closed the public hearing.
City of Denton City Council Minutes
February 4, 1992
Page 4
Chew motioned, Smith seconded to approve the preliminary and final
replats. On roll vote, Trent "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council held a pubic hearing on the proposed
annexation of 67.92 acres located on Forrestridge Drive north of
Ryan Road. (A-60)
Harry Persuad, Senior Planner, stated that the public hearing was
intended to give all persons interested in the proposed annexation
the right to appear and be heard. The Planning and Zoning
Commission was scheduled to make a recommendation on February 26,
1992. The proposed annexation had been initiated by the owners of
the tract in order to facilitate zoning for residential single
family development. The original annexation was for 67.92. Since
then, the owners had indicated and the City had received a petition
for annexation of only 23 acres.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor ,Pro Tem Hopkins asked why the petitioners had changed the
amount of acreage to be annexed.
Persuad replied that one of the reasons was due to property taxes
when doing the first phase of development. The property owners
wanted to begin the development and then annex the rest of the
property later.
City Manager Harrell indicated that a decision by Council whether
to annex 23 or 67 acres could be made at a later time. It was not
necessary to determine that at this meeting.
Council Member Smith stated that she was concerned that there was
only one route in and one route out of the location.
Persuad replied that that was correct.
Council Member Perry asked what was the building schedule.
Persuad replied that the annexation process would not be completed
until April 7. The owners were starting the platting process as
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City of Denton City Council Minutes
February 4, 1992
Page 5
though the property were in the ETJ. To expedite the planning
process, the owners were doing the platting of the property and
annexation and zoning at the same time.
No action was required of Council regarding the issue at this
meeting.
7. Consent Agenda
Council Member Trent asked for a clarification regarding Bid #1314.
Was that truck for residential collection.
City M~nager Harrell replied correct.
Chew motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Trent "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
A. Bids and Purchase Orders:
Bid #1314 - Rear Load Refuse Truck
Bid #1323 - Wire and Cable
8. Ordinances
A. The Council adoption of an ordinance accepting a
competitive sealed proposal and awarding a contract for purchase of
materials, equipment, supplies or services. (7.A.1. - Bid #1314
7.A.2. - Bid #1323) '
The following ordinance was considered:
NO. 92-024
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 FORAN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance directing
the publication of Notice of Intention to Issue Certificates of
Obligation of the City of Denton.
City of Denton City Council Minutes
February 4, 1992
Page 6
75
John McGrane, Executive Director for Finance, stated that this was
the third of a series of certificates and bonds which the City was
advertising for bidding on March 3, 1992. These certificates would
pay for $725,000 worth of building improvements presented in prior
Council meetings and $600,000 worth of vehicles and vehicle
equipment. The maturity schedule for this issue was in three
phases. A principle payout was in three years for the equipment
and ten and fifteen years for the various building improvements.
The following ordinance was considered:
NO. 92-025
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance establishing
bicycle lanes on the west side of Hinkle Drive from U. S. Highway
380 to Windsor Drive and on the west side of Stuart Road from
Sherman Drive (F.M. 428) to Hercules Street; providing for a
penalty not to exceed $200.00 for a violation of provisions
contained herein, and providing for publication.
Rick Svehla, Deputy City Manager, stated that currently there was
no ordinance which prohibited vehicles in the bike lanes.
The following ordinance was considered:
NO. 92-026
AN ORDINANCE ESTABLISHING BICYCLE LANES ON THE WEST SIDE OF
HINKLE DRIVE FROM U.S.HWY. 380 TO WINDSOR DRIVE AND ON THE
WEST SIDE OF STUART ROAD FROM SHERMAN DRIVE (F.M. 428) TO
HERCULES STREET; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00
FOR A VIOLATION OF PROVISIONS CONTAINED HEREIN, PROVIDING FOR
PUBLICATION; AND PROVIDING FORAN EFFECTIVE DATE.
Discussion was held by Council as to whether to erect "no parking"
signs along the bike lanes. It was suggested that if the area were
to have no parking, then perhaps signs should be erected.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
City of Denton City Council Minutes
February 4, 1992
Page 7
9. Resolutions
A. The Council considered approval of a resolution adopting
Policy 100.01 "Equal Employment Opportunity,,.
The following resolution was considered:
No. R92-008
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING POLICY
100.01 REGARDING EQUAL EMPLOYMENT OPPORTUNITY AND WORKFORCE
DIVERSITY; AND DECLARING AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to approve the resolution. On roll
vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution accepting
a grant from the Federal Aviation Authority for the Airport Master
Plan.
Rick Svehla, Deputy City Manager, stated that this was one of the
grants which the City had obtained from the FAA. This would be the
City's formal acceptance of the grant which would be a 90/10%
grant. It would allow the City to do a new master plan for the
Airport. The last plan was updated in the middle 1980's.
Council Member Trent asked if a sample report had been received
from the firm.
Svehla replied Yes. Two finalists were interviewed and Coffman and
Associates were chosen as they did mainly master plans.
The following resolution was considered:
R92-009
A RESOLUTION ACCEPTING A GRANT FOR THE DENTON MUNICIPAL
AIRPORT AND PROVIDING AN EFFECTIVE DATE.
Trent motioned, Smith seconded to a approve the resolution. On
roll vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. The Council considered adoption of an Qrdinan~e authorizing
the Mayor to execute an agreement between the City of Denton and
Coffman and Associates, Inc. relating to planning services for the
City of Denton City Council Minutes
February 4, 1992
Page 8
Denton Municipal Airport Master Plan~
Deputy City Manager Svehla stated that this ordinance would approve
the contract with Coffman and Associates to do the Master Plan.
The following ordinance was considered:
No. 92-027
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND COFFMAN ASSOCIATES, INC.
RELATING TO PLANNING SERVICES FOR THE DENTON MUNICIPAL AIRPORT
MASTER PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye",'and Mayor Castleberry "aye". Motion carried unanimously.
11. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. There would be a work session the following week for
Council. He asked for items of consideration from the Council
regarding a study item on possible Charter revisions.
B. Jennifer Walters, City Secretary, had recently completed
the Texas Municipal Clerks Certification Program which he wished to
acknowledge.
12. There was no official action taken on Executive Session items
discussed during the Work Session.
13. New Business
The following items of new business were suggested by Council
Members for future agendas:
A. Considered a request to rename a street from Terlingua to
Nicosia.
Lloyd Harrell, City Manager, stated that this was a request from
Council Member Perry. The normal procedure on considering street
name requests was to file the request with the Historic Landmark
Commission for their recommendation and then forward to the
Planning and Zoning Commission. Following their recommendation,
the request would be forwarded to the Council for consideration.
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City of Denton City Council Minutes
February 4, 1992
Page 9
Mayor Pro Tem Hopkins asked if the c.itizens wanted to rename the
street.
Council Member Perry replied that the request was made to honor a
man who made a number of contributions in the City.
Consensus of Council was to proceed with the process.
B. Mayor Pro Tem Hopkins stated that she was would like to
see the Smoking Policy reexamined. She felt it was inappropriate
to take away smoking from the employees but to continue to allow
smoking in take-home vehicles. She felt there should be no
difference between a take-home vehicle and a regular vehicle.
City Manager Harrell stated that the item could be placed on the
next work session for continued consideration.
C, Council Member Trent noted that there seemed to be a
problem with trash on city streets and asked that more attention be
placed on keeping the streets clean.
D. Mayor Pro Tem Hopkins stated that there was increased
vandalism in her area and felt that the area needed more police
patrols.
14. The Council did not meet in Executive Session during the
Regular Session.
With ho further business, the meeting was adjourned at 8:03 p.m.
JEN~ ~.R ' WA~TERS
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MAYOR /
CITY OF DENTON, TEXAS/
/
ACC00040