Minutes March 17, 1992138
CITY OF DENTON CITY COUNCIL MINUTES
MARCH 17, 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, and Trent.
ABSENT: Council Members Alexander and Smith
1. The Council convened into the Executive Session to discuss
legal matters (considered action in David Solis vs. City of
Denton), real estate, and personnel/board appointments (considered
appointments to the Building Code Board, the Electrical Code Board,
the Plumbing and Mechanical Code Board, the Sign Board of Appeals
and the Planning and Zoning Commission and considered an
appointment of an Assistant City Judge for the Municipal Court.)
2. The Council received a report and held a discussion regarding
a University Students Ad-Hoc Committee.
Jesus Nava, Assistant to the City Manager, stated that staff had
presented a proposal for a University Students Advisory Committee
during the Council work session on February 18, 1992. At that
time, Council requested that the students meet to give additional
thought to the proposed structure taking into consideration the
following issues - what would be the purpose of the group, its
duties and responsibilities; did the committee have to be formally
enacted by the City Council and made advisory or could it be an ad
hoc committee for a period of time and then evaluated; what would
be the interposition of the group with the university
administrations. Since that time representatives of the University
of North Texas and Texas Woman's University met to refine the
committee concept and discussed the issues that were identified by
the Council. The duties and functions of the committee would be to
assist the Council and the city government in promoting civic duty
among the university students by acting as a liaison between the
City and the university student population. Specifically the
students wanted to (1) work to familiarize the student community
with local government by incorporating an overview of city programs
and services into college orientations, (2) assist the citizens of
Denton and the local government by coordinating volunteer projects
to be performed by the student community and its organizations, (3)
facilitate communications between the student community and local
government by identifying issues affecting the student's quality of
life and working with city officials to seek workable solutions,
(4) assist the citizens of Denton and the local government by
identifying student academics who may serve as scientific, literary
or artistic resources for city programs and projects, and (5)
assist the student population by developing mentorship and
internship opportunities with local government and the business
community. The university representatives also discussed whether
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Page 2
139
it was necessary to have the Council formally create an advisory
committee or whether an ad hoc structure would be sufficient to
allow them to proceed with their work. The students agreed with
Council's suggestion that the committee could initially be ad hoc
and that an evaluation be made after a period of time to determine
the need to formally create an advisory body. The students were
concerned about having a staff liaison to assist them in their
work. They were assured that the City Manager's office would
assist their efforts. The students met with their respective
school administrators to discuss the formation of the committee.
Both the UNT and TWU students reported support from their
administrations for their efforts.
Council Member Trent asked if the Mayor, staff or Council
participated in new student orientation at the universities. He
felt that might be a good idea to incorporate.
Lloyd Harrell, City Manager, stated that if the Council wished to
proceed, staff would prepare a resolution which would acknowledge
the group, pledge cooperation to work with the group and pledge
staff support of that function.
Mayor Castleberry stated that he had met with Chancellor Hurley who
indicated that he was in favor of the proposal and saw it as a
positive approach.
Council Member Perry indicated that he was more in favor of the
proposal as presented with the student committee organized by their
governing bodies rather than a city committee. He felt a
Council/Committee breakfast would be a good place to start so
everyone could meet. He never wanted the illusion that a student
could not talk directly with the Council. He felt the committee
would be a method to improve communications between Council and
students.
Consensus of the Council was to proceed with the preparation of the
resolution.
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, and Trent.
ABSENT: Council Members Alexander and Smith
1. Pledge of Allegiance
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The Council and members of the audience recited the Pledge of
Allegiance.
The Mayor presented the following proclamations:
Keep America Beautiful Month
Texas Surveyor's Month
2. The Council considered approval of the minutes of the Regular
Session of February 18, 1992 and the Special Call Session of
February 25, 1992.
Perry motioned, Chew seconded to approve the minutes as presented.
On roll vote', Trent "aye" Hopkins "aye" Chew "aye", Perry "aye"
and Mayor Castleberry "aye". Motion carried unanimously.
3. Citizens Reports
A. The Council received a citizen report from Cliff Hansen
regarding the Fry Street Fair.
Mr. Hansen stated that the Council would be considering closing Fry
Street on April 12 for the 13th annual Fry Street Fair. The Fair
had not been on Fry Street for the last two years. The business
owners in the area had indicated that they wanted the Fair back on
Fry Street as it was a large source of income for them. All but
one business owner were in favor of the Fair and that one stated
that it did not matter. Grace Temple Baptist Church had indicated
a problem with their parking lot. The Lodge would be hiring 8 off-
duty police officers in the parking lot along with two Delta
security positions. There were at least 30 Lodge members on
security positions. There would be 12 off-duty police officers
present during the peak period and 8 officers in the morning. The
Lodge had taken an insurance policy for $1 million to cover any
damages.
B. The Council received a citizen report from Chris Gustin
regarding the Fry Street Fair.
Mr. Hansen stated that Mr. Gustin was not able to be present and
asked that Michael Scissom be allowed to speak in his place.
Mr. Scissom stated that the Fair was important to the merchants in
the area. The merchant~ benefited greatly from the Fair and the
City needed the Fair. The merchants wanted the Fair back on Fry
Street.
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141
4. Consent Agenda
Council Member Trent asked that Item 4.A.4. be pulled for special
consideration.
Council Member Trent stated that the use of police motorcycles was
a positive approach to police work. He stated that the difference
between the two low bidders was only $13.00. The low bidder was a
company in Irving and the second low bidder was a company in
Denton. He was concerned with the servicing of the motorcycles
while under warranty. He had found that the hourly rate for
service work was higher in Irving than in Denton plus the
inconvenience of having to drive to Irving for the service work.
Tom Shaw, Purchasing Agent, stated that that issue had been
studied. The bid requested the closest service facility offering
full warranty service, parts and repair facilities including hours
of operation, phone number for parts and service departments. The
Irving company had listed Action Imports of Denton, hours of 9:00 -
6:00 Tuesday through Saturday and that phone number for parts and
service. It was the intent of the Irving company to have the
Denton dealer, Action Imports, do the warranty work for the
motorcycles. There was no justification to abandon the low bid
meeting specification when the Irving company was offering exactly
the same warranty service.
Council Member Trent asked about the $13 difference. It meant that
the City would not be giving business to a local company which paid
local City, County and School taxes.
Shaw replied that by State law, the City did not have the option to
allow for a local preference. The $13 was small but legally even
if it were only $.01, the low bid had to be taken. Specifications
were written so that local vendors were not eliminated in any way.
Council Member Trent replied that State law precluded the City from
not taking the low bid.
Joe Morris, Assistant City Attorney, stated that State law
governing municipality purchases through the bidding process
required the City to award the bid to the lowest responsible
bidder. The price was the main component of that consideration.
Other items could also be considered such as service and cost of
service. There was no option in the law to award a bid based on
local preference.
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Lloyd Harrell, City Manager, stated that two years ago, there was
legislation proposed to allow for a 5% credit for local vendors.
That legislation was not adopted.
Hopkins motioned, Chew seconded to approve the Consent Agenda. On
roll vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase Orders:
Be
2.
3.
4.
5.
6.
7.
8.
Bid #1333 - Precast Manholes
Bid #1336 - Refuse Bags
Bid #1337 - Streetlight Heads
Bid #1339 - Police Motorcycles
Bid #1340 - Police Sedans
Bid #1335 - Paint/Seal Exterior of Service Center
PC #23032 - North American Transformer
Bid #1302 - ECG Monitor/Defibrillators
Tax Refunds
Considered approval of a tax refund to Jean F. Bly
for $1,541.99.
5. Ordinances
Considered approval of a tax refund to Epic
Healthcare Group for $8,635.28.
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.A.1. - Bid #1333, 4.A.2. - Bid
#1336, 4.A.3. - Bid #1337, 4.A.4. - Bid #1339, 4.A.5. - Bid #1340,
4.A.8. - Bid #1302)
The following ordinance was considered:
No. 92-043
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
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B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (4.A.6. - Bid #1335)
The following ordinance was considered:
NO. 92-044
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, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "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. (4.A.7. - PC #23032)
The following ordinance was considered:
NO. 92-045
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISION OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Trent seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "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 an agreement with Corgan Associates, Inc. for
professional architectural services relating to Phase I
implementation of the City of Denton Master/Space Plan; and
authorizing the expenditure of funds therefor.
City Manager Harrell stated that several months ago the Council had
seen the final plan for the City Master/Space plan which had been
under development for a year preceding that presentation. At that
point in time, the Council instructed the staff to undertake
negotiations with Corgan to develop a contract which allowed Corgan
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City of Denton City Council Minutes
March 17, 1992
Page 7
to move forward with the implementation of Phase I of the Space
Plan. The background information indicated the various features of
the contract. There was a provision which allowed the City to
cancel the contract should the need arise. The quality of the work
on the Master/Space Plan was good and the City had a good price on
the fee due to the familiarity of the plan.
Tom Shaw, Purchasing Agent, stated that the percentage of the
estimated cost was a good price. He had talked with several other
architect/engineering firms and had received from the Dallas ISD a
proposed fee scheduled which they used for project of this size.
Their rate for a project of this size was 7.12 for new construction
and 8.9023 for remodeling which was the category for the project.
Council Member Trent asked if a fee schedule had been requested
from any local architects.
Shaw replied no. He stated that there was a time prior to the last
legislature, where a fee schedule, a fixed rate or a percent of
estimated construction cost was requested in a request for
proposal. As a result of the last legislative session, that
particular tool for determining pricing was eliminated. Pricing
could no longer be asked for when requesting professional services
until a determination had been made who was the most qualified. At
that point, negotiations could occur with that company. If it
could not be negotiated to a fair and acceptable price, the second
most qualified company could be negotiated.
Council Member Trent felt that there were local people who could
benefit from such a contract. He felt the City went out of town
too much for such work.
Bruce Hennington, Superintendent for Facility Management, stated
that bids were taken from eight firms, three which were local.
Mayor Pro Tem Hopkins suggested that the contractor be encouraged
to use local subcontractors whenever possible.
The following ordinance was considered:
NO. 92-046
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH CORGAN ASSOCIATES ARCHITECTS FOR PROFESSIONAL
ARCHITECTURAL SERVICES RELATING TO THE IMPLEMENTATION OF THE
CITY'S MASTER SPACE PLAN; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
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Page 8
145
Perry motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on the south side of Windsor
Drive, from its intersection with North Locust Street to a point
437 feet east of the east right-of-way line of North Locust Street;
providing a severability clause; and providing a penalty not to
exceed two hundred dollars. (The Traffic Safety Support Commission
recommended approval.)
Rick Svehla, Deputy City Manager, stated that this ordinance was in
conjunction with the zoning for the Food Lion site. The Citizens
Traffic Safety Support Commission had recommended approval 6-0.
The following ordinance was considered:
NO. 92-047
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON THE SOUTH SIDE OF WINDSOR DRIVE, FROM
ITS INTERSECTION WITH NORTH LOCUST STREET TO A POINT 437 FEET
EAST OF THE EAST RIGHT-OF-WAY LINE OF NORTH LOCUST STREET;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
abandoning and vacating Jennette Street located north of Mill
Street in the Alex Robertson Addition of the City of Denton, Texas
as a public street; and reserving a drainage and utility easement
therein. (The Planning and Zoning Commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that this was part of the
replat of the area the School District was considering. The City
would be retaining an easement to service the utilities in the
area.
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 9
No. 92-048
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING JENNETTE STREET LOCATED NORTH OF MILL STREET IN THE
ALEX ROBERTSON ADDITION OF THE CITY OF DENTON, TEXAS AS A
PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT
THEREIN; AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered adoption of an ordinance vacating
a portion of the drainage easement in Lot 40, Block 5, Northlake
Park Addition, Phase V, to the City of Denton, Texas. (The Planning
and Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that this was a request
from the homeowner. There was a small portion of the easement that
the existing home was built over. The request had been reviewed by
the Development Review Committee and staff saw no problem with the
request.
The following ordinance was considered:
NO. 92-049
AN ORDINANCE VACATING A PORTION OF THE DRAINAGE EASEMENT IN
LOT 40, BLOCK 5, NORTHLAKE PARK ADDITION, PHASE V, TO THE CITY
OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance
abandoning and vacating an alleyway located in the Mrs. McKennon's
Addition of the City of Denton, Texas, recorded in Volume J, Page
438 in the Deed Records of Denton County, Texas, as a public
alleyway. (The Planning and Zoning Commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that the present homeowner
was wanting to refinance his home. Improvements had been made in
what was once platted as an alley. The alley was never used and
had never been abandoned.
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March 17, 1992
Page 10
147
Mayor Pro Tem Hopkins stated that all along Oak and Hickory there
had been an alley. She would like to clear up all the deeds
affected like the one they were doing tonight.
Deputy City Manager Svehla replied that staff would investigate the
item and felt that some of that particular alley was still being
used.
The following ordinance was considered:
NO. 92-050
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND
VACATING AN ALLEYWAY LOCATED IN THE MRS. MCKENNON'S ADDITION
OF THE CITY OF DENTON, TEXAS, RECORDED IN VOLUME J, PAGE 438
IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, AS A PUBLIC
ALLEYWAY; AND DECLARING AN EFFECTIVE DATE.
Trent motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
I. The Council considered adoption of an ordinance approving
a retainer of the lawfirm of Howard E. Watt, P.C. to represent the
City in pending litigation.
Joe Morris, Assistant City Manager, stated that the ordinance would
retain Howard Watt to handle a lawsuit filed against the City by
Joslyn Nichols.
The following ordinance was considered:
NO. 92-051
AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF
THE LAWFIRM OF HOWARD E. WATT, P.C. TO REPRESENT THE CITY IN
PENDING LITIGATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
J. The Council considered adoption of an ordinance approving
a contract retaining R. William Wood o~ the lawfirmWood, Springer
and Lyle, P.C. to represent the City in pending litigation.
Joe Morris, Assistant City Attorney, stated that Mr. Wood would
represent the City in two legal cases.
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City of Denton City Council Minutes
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The following ordinance was considered:
NO. 92-052
AN ORDINANCE OF THE CITY OF DENTON APPROVING A CONTRACT
RETAINING R. WILLIAM WOOD OF THE LAWFIRM OF WOOD, SPRINGER &
LYLE, P.C. TO REPRESENT THE CITY IN PENDING LITIGATION; AND
PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
6. The Council considered approval of the preliminary plat of the
A. Goldfield Addition; Lots 1 and 2, Block A. The 6.427 acre tract
was between Pennsylvania and Carmel Drives, and the site fronted on
Southmont Drive. (The Planning and Zoning Commission recommended
approval 3-1 at its February 26, 1992 meeting.)
Mayor Pro Tem Hopkins left the meeting with a potential conflict of
interest as she lived within 200 feet of the proposed development.
Lloyd Harrell, City Manager, stated that a detailed presentation of
the factual circumstances of the item had been presented at the
last Council meeting.
Council Member Perry asked if the plat conformed to Chapter 34
requirements.
City Manager Harrell replied yes that it met all of the City's
subdivision regulations.
Trent motioned, Perry seconded to approve the preliminary plat. On
roll vote, Trent "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Mayor Pro Tem Hopkins returned to the meeting.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute a lease between the City of
Denton and the Federal Aviation Administration for land at the
Denton Municipal Airport for the erection of a marker for the
Instrument Landin~ System for Runway 17.
Rick Svehla, Deputy City Manager, stated that this was a yearly
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March 17, 1992
Page 12
149
renewal for the lease on land where the outer marker was located.
The following resolution was considered:
NO. R92-012
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
BETWEEN THE CITY OF DENTON AND THE FEDERAL AVIATION
ADMINISTRATION FOR LAND AT THE DENTON MUNICIPAL AIRPORT FOR
THE ERECTION OF A MARKER FOR THE INSTRUMENT LANDING SYSTEM FOR
RUNWAY 17; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the filing of an application with the Department of
Transportation, United States of America, for a grant under the
Urban Mass Transportation Act of 1964, as amended.
Council Member Chew left the meeting with a potential conflict of
interest as he was a member of the SPAN' Board of Directors.
Catherine Tuck, Administrative Assistant, stated that the Council
had discussed the application at an earlier work session. The
application was the same as what had been proposed before with the
addition of $30,000 which the City anticipated to be reimbursed.
The following resolution was considered:
NO. R92-013
A RESOLUTION AUTHORIZING THE FILING OFANAPPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Trent motioned, Hopkins seconded to approve the resolution. On
roll vote, Trent "aye", Hopkins "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution
temporarily closing Avenue E from Eagle Drive to Prairie; Highland,
from Avenue E to Avenue C; and Avenue D, from Maple to Highland on
April 11, 1992, from 5:00 p.m. to 10:00 p.m.
Council Member Chew returned to the meeting.
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Catherine Tuck, Administrative Assistant, stated that the
resolution would temporarily close the streets named so that the
African-American sororities and fraternities could have a regional
celebration called a Greek Show. The students had worked closely
with the University of North Texas Police Department and the Dean
of Students to make sure there was adequate traffic control and
safety for a large number of people in the area. There were two
property owners other than the University who would be affected.
Mr. Graham with the Texas Pickup had indicated verbally his
support. The students had not been able to reach the manager or
property owner of the Brentwood Apartments. Because the University
of North Texas would be manning the barricades throughout the
evening, no resident or customer would be denied access to the two
locations.
The following resolution was considered:
NO. R92-014
A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO
PRAIRIE STREET; HIGHLAND STREET, FROM AVENUE E TO AVENUE C;
AND AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON APRIL
11, 1992; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution.
The Mayor asked if Council would like to hear from Mr. Graham.
Consensus of the Council was to hear from Mr. Graham.
Mr. Graham stated that he was one of the people most affected by
the closing last time the event was held. The last event was
terrible. He felt this time the students should be given the
benefit of the doubt. He had a lot of customers who came from
outside Denton on Saturday evening. He was upset last time that he
never even received an apology. This year he felt it was being
organized professionally. The students had worked with the North
Texas Police as had he. He wanted the students to have the event
this year but if they could not control it~ he would appreciate the
council not approving it again. He had been promised security
which he was going to hold them to. It was simply such a large
crowd that it was nearly impossible to get to his business. In his
opinion, the students had done a good job and he was in favor of
the street closings.
OH roll vote of Council Member Perry's motion, Trent "aye", Hopkins
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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March 17, 1992
Page 14
151
D. The Council considered approval of a resolution
temporarily closing Congress Street, from Denton to Alice on May
15, 1992 from 3:00 p.m. to 6:30 p.m. for Cougar Day.
Catherine Tuck, Administrative Assistant, stated that this was an
annual event sponsored by the PTA at Calhoun Junior High School.
The only property affected by the closure was School District
property and signatures had been obtained from the Superintendent
and Principal in favor of the closing.
The following resolution was considered:
NO~ R92-015
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, MAY 15, 1992; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Trent "aye", Hopkins "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
~3 The Council considered approval Of a resolution
temporarily closing a portion of Fry Street between the
intersections of Oak Street and Hickory Street on Sunday, April 12,
1992, from 11:00 a.m. to 10:00 p.m. for the Fry Street Fair.
Catherine Tuck, Administrative Assistant, stated that the Delta
Lodge had requested the street closure. The fraternity had
indicated that they would like the street closed early so that they
could clean the area. Council had heard earlier regarding the
proposed security and the problems that some property owners and
the Church had stated. There was a letter of opposition from the
Grace Temple Baptist Church in the back-up materials. She
understood that the Mayor had received a letter from Curtis
Loveless who owned several pieces of property in the area who also
was in opposition. The rest of the tenants on the street with the
exception of one other owner had signed the petition except for the
apartment complex.
Council Member Trent asked for a legal opinion regarding the
closure of the street based on the ownership based on Mr. Loveless'
statement.
Joe Morris, Assistant City Attorney, stated that the Department had
looked at the issue last year when the question arose. It was
their opinion that the City needed the consent of not only all
tenants but all owners abutting the street to be closed. Failure
City of Denton City Council Minutes
March 17, 1992
Page 15
to do that, there was a question on whether the street could be
lawfully closed without those consents.
A speaker from the audience asked to address the Council on that
legal issue.
Consensus of the Council was to hear from the speaker.
Richard Gladden stated that last year he had spoken with Ms.
Drayovitch, City Attorney, when the issue came up at the last
minute with Mr. Loveless in regards of the rights of abutting land
owners to ingress and egress to their properties. She had concurred
in the opinion of Mr. Loveless with the regard to the legality of
closing a street and interfering with the right to ingress and
egress for the property owner. Ms. Drayovitch had referred him to
a section of the Texas Jurisprudence, Volume 43, page 186. On page
188 it was basically not disputed that property owners had vested
rights in ingress and egress to their property. However, the
question as far as a legal basis to prohibit or a right of recovery
or just compensation depended on whether the right had been
substantially and materially interfered with. The case he had
highlighted was a Texas Supreme Court decision which reached the
ruling that if a street were closed, so long as the property owner
had an alternative avenue, perhaps through a parking lot as would
be the case in the property Mr. Loveless owned on Fry Street, there
would be no legal basis and no legal right for a right of recovery.
There was also an issue of damages. What damages would Mr.
Loveless suffer from not being to get into a vacant rental property
for eight hours on a Sunday or Saturday. He would have no damages.
For that reason, he felt the Council was misled by Mr. Loveless.
Mr. Loveless was not present at the meeting to explain. He had
been a resident of Denton since 1978 and had not missed a Fry
Street Fair. His experience with the Fair was that everyone had
been well behaved and had never seen any of the problems indicated
by opponents of the Fair. He felt it was unfortunate that those in
opposition were not present to state those oppositions in person.
Mayor Pro Tem Hopkins stated that the City Attorney was the one who
had to answer to Council and the one Council had to listen to so
far as the law.
Gladden stated that Morris had had an opportunity to review the
research he had provided. This was the case Ms. Drayovitch had
referred him to and she had some doubts after the decision had been
made. If necessary, he would move that the Council adjourn to
~¢u~iv~ Session and give Morris a chance to examine the law he
had provided which he felt very clearly showed the ingress and
egress issue was a "red herring".
City of Denton City Council Minutes
March 17, 1992
Page 16
153
Assistant Attorney Morris stated that Mr. Gladden was correct in
the sense that if the owner had access from any public street then
the consent was not required to close one public street. In that
sense a fact finding was in order. If it could be determined that
Mr. Loveless had access to all his properties including any other
people indicated by Ms. Tuck who had not given consent, then a
determination could be made.
Gladden replied that he could represent to Council that the parking
lot provided egress and ingress to all the properties Mr. Loveless
owned along Fry Street which would be perhaps closed or interfered
from in the front with the closure of Fry Street.
Council Member Chew stated that he and Council Member Perry had
spoken with some of the students regarding holding the Fair at the
Fairgrounds. He would like to see Council instruct staff and the
Mayor to talk with the Board of Directors and encourage the student
group to talk with the Board of Directors to see if the Fair could
be held at the Fairgrounds. He was committed to the Fry Street
Fair but would like Council to consider that option before any vote
was taken.
Chew motioned to table the resolution and instruct the staff and
the Mayor to talk with the Board of Directors of the Fairgrounds to
see if a feasible arrangement could be worked out to hold the Fair
at the Fairgrounds. Hopkins seconded the motion.
Gladden indicated that the time frame was very short and requested
some time limit on how long it would take the Council to act.
Council Member Chew indicated that it would be at the meeting of
March 24.
Council Member Perry asked Gladden if he would like to see the Fair
at the Fairgrounds.
Gladden relied no. There was a big difference having the Fair on
Fry Street and having the Fair at the Fairgrounds.
Cliff Hansen stated last year the legality of closing the street
dealt with owners access to a vacant property. Mr. Loveless'
objection was that he wanted access to that piece of property so
that he could show that property to any prospective tenants. It
was also his understanding that since all of Mr. Loveless'
properties on Fry Street were filled, that there would be no legal
problems with him. He had also had indicated on the phone about a
week and a half ago that he would not oppose the Fair. Tonight was
the first they had any indication that he was in opposition.
154
City of Denton City Council Minutes
March 17, 1992
Page 17
Council Member Chew asked Hansen if he would have any objection to
holding the Fair at the Fairgrounds.
Hansen replied that one problem was that the Fairgrounds had a
liquor license and no one could bring in beverages due to TABC
ordinance. Either the Fairgrounds had to sell beverages or no one
could drink inside.
Council Member Trent stated to Hansen that he was not trying to
represent to the Council that people did not drink at the Fair.
Hansen replied no that people did drink and some of then did drink
in excess.
council Member Trent replied that he felt that was the predominant
feature of the Fair.
Hansen replied that he like to think the predominant feature of the
Fair was the arts and crafts and the music side of the Fair. Any
involvement with the Fairgrounds would require them to sell
beverages and in so doing would be supporting the drinking which
they would rather stay away from.
Council Member Trent indicated that he had attended the Fair last
year. It was a difficult decision as the merchants on Fry Street
benefited greatly from the Fair. He also appreciated the charity
work and donations provided by the Delta Lodge. He noticed that
there was a lot of trash in Carriage Square last year. He had been
led to believe that a greater concern would be made for the cleanup
of the area after the Fair. He had been disappointed to see what
was called the Fry Street Fair was just kind of a three ring
circus.
On roll vote of Council Member Chew's motion, Trent "aye", Hopkins
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Council Member Chew stated that his motion included direction to
have the City Manager,s Office and the Mayor contact the Board of
Directors for the Fairgrounds and try and work out an agreement
along with the students to use the Fairgrounds for the Fry Street
Fair this year.
City Manager Harrell clarified the motion. The Council wanted the
staff and the Mayor to work with the Fair Board to see if they
would be agreeable to ho~ting the Fry Street Fair this year at
their facility. He sensed that that was the preference of the
Council who were present. If the Mayor and he were unsuccessful in
City of Denton City Council Minutes
March 17, 1992
Page 18 "
155
that venture, did Council want the issue listed back on the agenda
for the March 24 meeting.
Council Member Chew stated yes that the item should be on the March
24 agenda if negotiations were unsuccessful for holding the Fair at
the Fairgrounds.
Mayor Pro Tem Hopkins stated that there were a number of issues
which needed to be discussed in regard to Fry Street. By this vote
of the Council, the Council was not automatically allowing the Fair
on Fry Street.
8. Miscellaneous matters from the City Manager.
A. The Council considered appointments to the Lake
Information Committee.
City Manager Harrell indicated that there was a letter from
Representative Dick Armey in the back-up materials asking that the
Council appoint representatives to work with his office and the
surrounding communities regarding Lake Ray Roberts, specifically
the provision for boat access to the lake. Item one called for an
elected city official or a Parks and Recreation representative. It
was his suggestion that if a staff member represent the Council,
that Howard Martin be appointed.
Council discussed the provision that the appointment be an elected
official.
Council Member Perry indicated that he would be willing to serve on
the Committee along with Howard Martin.
Consensus of the Council was to appoint Council Member Perry and
Howard Martin to the Committee. Staff would investigate the
appointing of the third member using the suggestions of Council of
Jerry Simmons, Jerry Whittle or Lowell Penton or Mr. Penton's son.
9. There was no official action on Executive Session items
discussed during the Work Session.
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Trent expressed thanks for the litter
barrel on the access road at I35 and Loop 288. He suggested
placing additional barrels at that site.
156
City of Denton City Council Minutes
March 17, 1992
Page 19
11. The Council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was adjourned at 8:30 p.m.
CITY OF DENTON, TEXAS
ACC00054
sob CASTLEBE~Y, ~YOR/
CITY OF DENTON, TEXAS/
/