Minutes April 07, 1992167
CITY OF DENTON CITY COUNCIL MINUTES
APRIL 7, 1992
The Council convened into the Work Session at 5:15 p.m.
Civil Defense Room.
in the
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 settlement in David Solis v. City of
Denton, considered action in Texas Waste Manaqement v. City of
Denton, considered action in Gillespie v. City of Denton, and
considered action in Smith vs. City of Denton), real estate
(discussed acquisition of land for recreational purposes) and
personnel/board appointments (considered appointments to the Board
of Adjustment, Building Code Board, the Electrical Code Board, the
Sign Board of Appeals, the Historic Landmark Commission, the
Plumbing and Mechanical Code Board and the Planning and Zoning
Commission).
2. The Council received a report and held a discussion regarding
implementation of the 1986 bond program and gave staff direction.
Lloyd Harrell, City Manager, stated that two weeks ago, the Parks
and Recreation Board presented a recommendation to Council to
consider reallocating $2.7 million, which had been obligated for
two district recreation centers, to a substitute project which .
would involve the expansion of the North Lakes Recreation Center
and an addition of an indoor pool plus using $500,000 for major
park land purchases. During that presentation, the Council asked
the Park Board to review the needs of the Civic Center Pool with
$500,000 as opposed to buying park land in the south part of the
City and look for alternative funding for the land purchase. The
Park Board was ready to present the options to the Council and if
the Council was agreeable to present the options at a series of
neighborhood meetings.
Steve Brinkman, Director of Parks and Recreation, presented a
schedule of the public meetings which included an additional
meeting at the Senior Center and the North Lakes Recreation Center
as suggested bylCouncil.
There were three options which were to be considered. Option A
involved the construction of North Lakes Center with the
participation of the DISD and the use of $500,000 for the
renovation of the Civic Center Pool. It was hoped that another
$500,000 from a grant from the State Local Park Fund could also be
used. Option A was the number #1 option of the Park Board and the
one recommended by the Board.
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City of Denton City Council Minutes
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Page 2
Dalton Gregory, Chair-Park and Recreation Board, stated that the
Park Board had recommended last year that the Civic Center Pool be
the first item to be considered in the 1995 bond issue if it was
done. The Park Board agreed to go forward with the plan and to
seek input from the community and felt comfortable with the
concept.
Norm Hatfield, Hatfield Crookless Architects, Inc., presented a
review of the planning options for the renovation of the Civic
Center Pool. They looked at the pool to determine what needed to
be done, what could be done and what could not be done. The first
part of the report dealt with the physical analysis of the current
pool. In its present condition, the occupancy of the pool as a
swimmers pool was approximately 402 swimmers. If the pool were
converted to a leisure pool which would be geared more to the
community but still have some competitive aspects, the occupancy
would increase to 604. The second part of the report dealt with a
summary of costs involved with the renovation of the pool in order
to bring it up to standards as a competitive pool. The first item
in that section dealt with the depth of the pool. The depth was
not sufficient as there was a 3' turn around which needed to be 4'
for competition. In order to provide for that depth, the pool
coping would have to be raised 12". The cost for that would be
approximately $151,000. Another item was the water purity
standards of the pool. It was not possible, with the current
piping system, to meet water purity standards at a minimum of 4
hour water turn around. No cost could be applied to that item as
it was not attainable. The purity standard was still within
regulations with a 6 hour water turn around time but the standard
was moving towards 4 hours.
Council Member Perry asked about safety in relation to a pool which
would be partially competitive and partially leisure.
Hatfield felt that there would not be a problem with the mixed use.
The existing 3' depth at the south end of the pool was not of
sufficient depth for turn around for a meet. A sanctioned meet
could not be held at the pool in its present condition.
Council Member Perry asked about the water purity.
Hatfield stated that to meet the water purity standards at a
minimum four hour turn around on the filtration cycle, the existing
floor distribution piping system could not be achieved without
doubling the floor piping network. Currently the water was
£iltered through the system every six hours. The standard was
moving toward a four hour turn around. If that happened, the
sizing and inlets of the current piping would not allow for a four
City of Denton City Council Minutes
April 7, 1992
Page 3
169
hour turn around.
Council Member Perry asked if that piping change could be done
during the pool renovation.
Hatfield stated that the second part of the report was a statement
of why they were recommending that the pool be changed to a leisure
pool. As a competitive pool, the pool in its present condition
could not meet standards. In the long range planning within the $1
million renovation, there was a provision for a new filtration
system.
Council Member Perry asked at what stage was that new piping
system.
Hatfield replied that there were three proposed phases. Phase I
would cost approximately $500,000 which would do pool repairs and
prepare the pool for transition as a leisure pool. If a matching
grant were received, $1 million would be used for Phase II which
was the completion of the pool as a leisure pool.
Council Member Perry asked if the new filtration system would be in
Phase I or Phase II.
Hatfield replied that it would be in Phase II. The $500,000 would
simply continue the pool in its present configuration, doing repair
work and bringing it up to current acceptable standards.
City Manager Harrell stated that if approved by the Council, staff
would immediately file for a grant application for matching funds
for the $500,000. Work would not be done until the additional
$500,000 was received. Phase I and Phase II would be implemented
at the same time.
Hatfield noted in the report an explanation and budgetary detail of
what would be included in Phase I if there were only $500,000 to
work with. If the matching grant were received, Phase II would be
implemented. P~ase II included all of Phase I and Phase II.
Council Member Trent asked if at the end of spending the $1 million
would the City have a competitive pool.
Hatfield replied that the pool would not be competitive by nature
although there would still be facilities which would allow for
competitive training.
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City of Denton City Council Minutes
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Page 4
Brinkman stated that the pool would remain both recreational and
competitive. Two-thirds of the pool would be recreational and one-
third would be competitive.
Hatfield stated that pages two and three of the report were an
analysis of the pool that if the items were attainable and if they
could be done what they would cost. The analysis was that the pool
should not stay in its current configuration. It was recommended
that the pool be converted to a leisure pool.
Mayor Pro Tem Hopkins asked that if the DISD did not go forward
with the bond election or if the pool item were defeated on the
DISD's election, what would be the plans for the indoor pool.
Brinkman replied that if the North Lakes Pool happened, the
$500,000 would still be used for the renovation of the Civic Center
Pool and also work to receive the grant from the State. If the
North Lakes Pool did not happen and Option A was not used, the
money would be invested in expanding the North Lakes Center and
also use $500,000 to upgrade the Civic Center Pool.
Mayor Pro Tem Hopkins stated that without the DISD participation on
the North Lakes Pool, the City would not build a pool at North
Lakes in the next addition.
Brinkman replied that that was the Parks Board recommendation.
Hatfield stated that if that were the option, the renovation of
North Lakes would take into consideration the potential of a future
pool.
Council Member Smith asked what would happen to the Parks and
Recreation swim team if the pool were not in a competitive
condition.
Brinkman stated that one part of the Civic Center Pool would remain
competitive and meets could still be held there.
Mayor Castleber~y asked if Phase I could be done without Phase II.
Brinkman replied yes.
City Manager Harrell stated that the $500,000 could not be spent in
Phase I and then later do Phase II with a matching grant. An
application would have to be submitted for matching funds of
$500,000 for several years and if the grant was not received, then
proceed with Phase I.
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April 7, 1992
Page 5
17I
Council Member Smith stated that it took a year turn around time
for the grant application so no work would be done on the Civic
Center Pool for at least a year.
City Manager Harrell replied that no major work would be done.
Council Member Perry suggested that if the natatorium was not built
could the money available be put in the Civic Center pool.
Brinkman replied that that would be a possibility if the money were
not available and the option two were implemented.
Perry stated that his suggestion would use $1 million for the Civic
Center Pool which would further reduce the bond money. He did not
want to wait a year or two before doing anything at the Civic
Center Pool.
Mayor Castleberry stated that the consensus of the Council was to
proceed with the application of the grant and begin the public
meetings presenting the concept to the neighborhoods for feedback.
Items #3 and #4 of the Work Session were considered during the
Regular Meeting.
The Council convened into the Regular Session at 7:15 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Alexander, Chew, Smith and Trent.
ABSENT: Council Member Perry
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The CounciI considered approval of the minutes of the Regular
Sessions of March 3 and March 17, 1992 and the Special Call
Sessions of March 11 and March 24, 1992.
Council Member Perry joined the meeting.
Trent motioned, Chew seconded to approve the minutes as presented.
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
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The Mayor presented the following proclamations:
"Week of the Young Child"
"Public Safety Telecommunications Week"
"National Library Week"
"Fair Housing Month"
"Drinking Water Week"
"National Occupational Therapy Month"
3. Citizen Reports
A. The Council received a citizen report from Carl Young
regarding parks.
Mr. Young stated that at a recent political rally at the Park, a
noise complaint had been received by the Police Department. The
Police Department responded with five squad cars to the event which
he felt was excessive. He listed the problems he observed at Fred
Moore Park which included: peeling basketball courts, exposed
electrical wire on the light poles, low spots on the slab, more
than half of the lights out, ants everywhere, poor maintenance of
equipment, unsanitary bathrooms, no water available in the park,
the current drain in the Park was dangerous. He requested a waiver
of all user fees at the Park due to the economic conditions of the
area. He stated that sidewalks needed to be built at the Park.
Mayor Castleberry stated that staff would arrange for Mr. Young to
speak at the Parks Board regarding these conditions. He felt that
some of the problems were maintenance problems and that perhaps
some of those could be taken care of in the near future.
4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance approving a Specific Use Permit on a 21.97 acre
tract of land located on the west side of Woodrow Lane,
approximately 350 feet south of McKinney Street for the purpose of
expanding the Denton County Jail facility. (The Planning and
Zoning Commission recommended approval 6-0 at their meeting of
March 25, 1992.)
Frank Robbins, Executive Director for Planning, stated that this
was a request for a specific use permit for the County's entire
correctional facility. This would include the existing jail and
juvenile detention center as well as the proposed expansion. The
regulations governing zoning for a coun%y facility were different
from landowners. The rule of "reasonableness,, was in effect. It
had been determined by the-Planning and Zoning Commission and by
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April 7, 1992
Page 7
173
staff that the proposed use was reasonable.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-053
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR THE EXPANSION OF THE COUNTY JAIL ON 21.97 ACRES
LOCATED ON THE WEST SIDE OF WOODROW LANE, APPROXIMATELY 350
FEET SOUTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Item #4 from the Work Session was considered.
4. The Council received a report and held a discussion regarding
the proposal for in-house collection of outstanding overdue fines
and warrants/amnesty program.
Sandra White, Municipal Judge. stated that the Municipal Court in
conjunction with t~e City Attorney's Office, the Police Department
and the Finance Department proposed that during the period from
April 15, 1992 through May 4, 1992 the Court have an "amnesty" on
all citations that were outstanding and overdue. The "amnesty"
period would allow the Court to reduce the number of cases which
were being handled by a variety of methods such as collection
agency, warrants, extensions, pay plans and those being notified by
postcard or letter that a ticket remained unresolved. The public
would be notified of the amnesty period by newspaper articles in
the Denton Record Chronicle and other area newspapers. The public
would be notified that after amnesty ended, warrants would be
issued and served. During the amnesty period the late appearance
penalty would not be imposed. Once the period ended, anyone who
did not take advantage of the program would be processed for
warrant and all penalties and fees would be included. The Police
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City of Denton City Council Minutes
April 7, 1992
Page 8
Department would utilize its field officers to "round-up" offenders
on these warrants, rather than just the Warrant Department.
Consensus of the Council was that the proposal was a good one and
that it should proceed.
The Council returned to the regular agenda order.
5. Consent Agenda
Mayor Castleberry stated that Item 5.A.7. had been pulled.
Hopkins motioned, Chew seconded to approve the Consent Agenda.
roll vote, Trent "aye", Alexander "aye", Hopkins "aye",
"aye", Chew "aye", Perry "aye", and Mayor Castleberry
Motion carried unanimously.
A. Bids and Purchase Orders:
2.
3.
4.
5.
6.
Bid #1342 - Substation Power Cable
Bid #1346 - Street Maintenance Equipment Rental
Bid #1351 - Trencher - Backhoe
Bid #1347 - Nottingham Concrete Work
Bid #1348 - Reroof Emily Fowler Library
P.O. #23611 - Business Phone System
B. Tax Refunds
On
Smith
"aye".
6. Ordinances
Considered approval of a tax refund to Pulaski
Mortgage Co./Martha Sims and Sarah Bronstad for
$534.30.
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1342, 5.A.2. - Bid
#1346, 5.A.3. -'Bid #1351)
The following ordinance was considered:
No. 92-054
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
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Page 9
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.
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 #1347, 5.A.5. - Bid
#1348)
The following ordinance was considered:
No. 92-055
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids. (5.A.6. - P.O. #23611)
The following ordinance was considered:
No. 92-056
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW
EXEMPTING iSUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, Alexander 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
April 7, 1992
Page 10
D. The Council considered adoption of an ordinance vacating
an electric utility easement recorded in Volume 1473, Page 615 of
the real property records of Denton County, Texas. (The Planning
and Zoning Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that the original easement
had been shown to be abandoned on the original replat but there was
no corresponding documents filed which was a requirement. There
were no electrical improvements or utilities in the easement.
The following ordinance was considered:
No. 92-057
AN ORDINANCE VACATING ANELECTRIC UTILITY EASEMENT RECORDED IN
VOLUME 1473, PAGE 615 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Trent 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
authorizing the Mayor to execute an agreement with Freese &
Nichols, Inc. for engineering services related to the design of
improvements to the existing 5000 foot runway, taxiway and parking
apron at the Denton Municipal Airport. (The Airport Advisory Board
recommended approval.)
Rick Svehla, Deputy City Manager, stated that this was another step
in the process for the City to obtain an FAA grant to do the runway
overlay and taxiway improvements. The agreement was contingent on
the City receiving the grant. The Mayor had received a letter
indicating that the grant would be forthcoming.
The following ordinance was considered:
No. 92-058
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH FREESEAND NICHOLS, INC. FOR ENGINEERING SERVICES RELATED
TO THE DESIGN OF IMPROVEMENTS TO THE EXISTING 5000 FEET
RUNWAY, TAXIWAY AND PARKING APRON AT THE DENTON MUNICIPAL
AIRPORT; AUTHORIZING THE EXPENDITURE OF FLrNDS THEREFORE; AND
DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
April 7, 1992
Page 11
177
Trent motioned, Perry seconded to adopt the ordinance. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
F. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with Deloitte
and Touche for consulting services to assist the City in the
defense of certain pending litigation; and authorizing the
expenditure of funds therefore.
Debra Drayovitch, City Attorney, stated that she had previously
written the Council regarding this proposed ordinance and she would
respond to any questions from the Council.
The following ordinance was considered:
No. 92-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH DELOITTE & TOUCHE
FOR CONSULTING SERVICES TO ASSIST THE CITY IN THE DEFENSE OF
CERTAIN PENDING LITIGATION; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Alexander motioned, Chew seconded to adopt the ordinance.
Council Member Trent stated that the City was about to spend more
money on a subject which he was not in favor. He wanted to settle
the issue without going through such a long involved and expensive
process.
On roll vote of the motion, Trent "nay", Alexander "aye", Hopkins
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried with a 6-1 vote.
7. Resolutions
A. The Council considered approval of a resolution opposing
Congressional legislation that would allow broadcasters to charge
local cable operators a retransmission fee. (The Cable T. V.
Advisory Board recommended approval.)
Bill Angelo, Director of Community Services, stated the Cable
T. V. Advisory Board had spent several months reviewing proposed
legi~latlon which would revise %he Cable Telecommunications Act of
1984. One provision would allow broadcasters to negotiate and
charge a fee to local cable operators for retransmission of their
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City of Denton City Council Minutes
April 7, 1992
Page 12
signals. The Cable Board as well as the National League of Cities
and the American Public Power Association felt that this would be
an increase in subscriber fees and were opposed to the inclusion of
any retransmission fee provisions in any proposed cable
legislation.
The following resolution was considered:
No. R92-017
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON
OPPOSING CONGRESSIONAL LEGISLATION THAT WOULD ALLOW
BROADCASTERS TO CHARGE LOCAL CABLE OPERATORS A RETRANSMISSION
FEE; AND DECLARING AN EFFECTIVE DATE.
Alexander motioned, Perry 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 Mayor to execute an interlocal agreement with the
County of Denton for the construction of improvements to Country
Club Road from U. S. 377 to FM 1830.
Rick Svehla, Deputy City Manger, stated that this was one of the
projects in the County bond issue. There was a small portion of
County Club Road which was in the City limits thus the County
needed the City's permission to work on the road.
The following resolution was considered:
No. R92-01~
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF
IMPROVEMENTS TO COUNTRY CLUB ROAD FROM U.S. 377 TO FM 1830;
AND DECLARING AN EFFECTIVE DATE.
· ren% motioned,~ Hopkins seconded to approve the resolution. On
roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
C. The Council considered approval of a resolution
authorizing participation in purchasing programs of the State
Purchasing and General Services Commission; designating a City
representative to sign and deliver all necessary documents in
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April 7, 1992
Page 13
connection therewith.
Tom Shaw, Purchasing Agent, stated the resolution would allow the
City, at its option, to participate in the State's purchasing
power.
The following resolution was considered:
No. R92-019
A RESOLUTION AUTHORIZING PARTICIPATION IN PURCHASING PROGRAMS
OF THE STATE PURCHASING AND GENERAL SERVICES COMMISSION;
DESIGNATING A CITY REPRESENTATIVE TO SIGN AND DELIVER ALL
NECESSARY DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
Hopkins-motioned, Smith 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.
D. The Council considered approval of a resolution
supporting the efforts of the Student Governments of the University
of North Texas and Texas Woman's University to form a joint
committee to facilitate communication with the student population.
The following resolution was considered:
No. R92-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON
SUPPORTING THE EFFORTS OF THE STUDENT GOVERNMENTS OF THE
UNIVERSITY OF NORTH TEXAS AND TEXAS WOMAN'S UNIVERSITY TO FORM
A JOINT COMMITTEE TO FACILITATE COMMUNICATION WITH THE STUDENT
POPULATION.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
8. The Council considered approval of a request by AirDenton,
Inc. to install a self-service 100 low lead card-reading system and
24 hour fueling pump accommodations.
Rick Svehla, Deputy City Manager, stated that this approval would
allow for a fuel pump and self-service operation.
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April 7, 1992
Page 14
Smith motioned, Chew seconded to approve the request. On roll
vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Council Member Trent asked about the possibility of installing a
security camera system at the Airport.
Mayor Castleberry stated that this item would be a New Business
item for staff.
9. The Council considered a request from the Delta Lodge to allow
the use of amplifiers and musical instruments on Sunday, April 12,
1992 from 12:30 p.m. to t0:00 p.m. at the North Texas State
Fairgrounds for the Fry Street Fair.
Catherine Tuck, Administrative Assistant, stated that the Delta
Lodge had contracted with the Fair Association to hold the Fry
Street Fair at that location. The Lodge was requesting an
exemption to the noise ordinance to allow the use of amplifiers and
musical instruments on Sunday.
Mayor Castleberry stated that the Council had requested the City
Manager and the Mayor to meet with the Fairgrounds officials to
help facilitate the use of the Fairgrounds for the event.
Mayor Pro Tem Hopkins stated that in fairness to the students who
were gracious enough to agree to try and work out the event at the
Fairgrounds and the fact that the Council asked the City Manager
and Mayor to talk with the Board, she felt it would be unfair not
to allow the request. No other group had been held to this
regulation.
Hopkins motioned, Chew seconded to approve the request.
Council agreed that the students had made a great effort to follow
all the conditions set before them and that in fairness, the
request should be approved.
on roll vo%e, Trent "aye", Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
10. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, D~e~ented the following items:
A. A reminder of the joint meeting with the School District
City of Denton City Council Minutes
April 7, 1992
Page 15
18I
which was Friday, 11:30 a.m. at the Administration Building.
B. The next TML Region 8 meeting was April 24 and Council
needed to make reservations soon.
C. The latest sales tax figure was in and was up $62,000
over the budget projection for the month.
Work Session Item #3 was considered.
3. The Council received a report and held a discussion concerning
the provisions of the Intermodal Surface Transportation Act of 1992
dealing with illegal and non-conforming signs on IH35, US380 and
US377 and gave staff direction.
Frank Robbins, Executive Director for Planning, stated that the Act
dealt with the permitting of off-premise sign on IH35, Hwy 380 and
Hwy 377. The Act required stricter enforcement of outdoor
advertising sign regulations and stipulated the removal of all
illegal signs erected along Interstate and Federal-Aid Primary
Highways by March 18, 1992. The Federal Highway Administration
could withhold 10% of Federal highway funds from states which did
not comply with the mandate. Denton was certified to control
outdoor advertising signs in lieu of State control. Therefore,
Denton must remove all illegal signs on the Interstate and Federal-
Aid Primary highways in its jurisdiction by June 18, 1992. An
illegal sign was one that had been erected for the purpose of off-
premise advertising without consent from the State or certified
city. In February, staff had sent letters to the 34 signs
owners/businesses informing them that they must receive an annual
permit by March 1, 1992. If the owner did not want to permit the
sign, the sign was to be removed by March 15, 1992.
Council Member Alexander asked for the number of signs involved.
Robbins replied there were 30 illegal signs which were not
permitted or had a State license.
Council Member Smith asked what was the area of jurisdiction.
Robbins replied the area was the Denton city limits.
Council Member Trent asked where a majority of the signs were
located.
Robbins replied there was no particular area but most of the signs
were on I35.
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Council Member Perry asked about the attitude of the people with
the illegal signs.
Robbins replied that initially there were 136 signs and the number
was now down to 30. There appeared to be good compliance.
Consensus of the Council was to proceed with the staff
recommendation.
11. The following official action was taken on Executive Session
items discussed during the Work Session:
A. Hopkins motioned, Perry seconded to nominate
following to Boards and Commissions:
Mel Willis - Planning and Zoning Commission
George Spuller - Historic Landmark Commission
Gene Gumfory - Sign Board of Appeals
the
on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
12. New Business
The following items of new business were suggested by Council
Members for future agendas:
A. Mayor Castleberry noted Council Member Trent's request
for a security camera at the Airport.
13. The Council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was adjourned at 9:00 p.m.
SEC T Y
CITY OF DENTON, TEXAS
YOR/
CITY OF DENTON, TEXAS/
/
ACCOOOTE