Minutes June 23, 199227O
CITY OF DENTON CITY COUNCIL MINUTES
JUNE 23, 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
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss
legal matters (considered settlement offer in R. C. Small &
Associates, Inc. v. City of Denton, Texas, considered settlement
offer in Winterrowd vs. Casteel. et al, considered authorization
for settlement of David Amberson and Linda Amberson v. Todd Kidwell
and City of Denton. Texas), real estate, and personnel/board
appointments (considered appointments to all City of Denton Boards
and Commissions and discussed personnel matters and duties of the
City Manager, the City Attorney and the Municipal Judge as related
to the .operation of the Municipal Court.)
2. The Council received a report and held a discussion on the
Master Plan for the 200 acre South Park including the Parks and
Recreation Advisory Board's recommendation for initial development.
Dalton Gregory, chair-Parks and Recreation Board, stated that the
Parks Board had recommended the Master Plan which was presented to
Council. The first phase involved several community meetings with
residents which gave the residents the opportunity to indicate what
facilities they would like in the park. Those items were then
categorized with regard to cost and priority. Most of those
suggested items had been included in the Master Plan. One item
substituted was the development of a lake and fishing area rather
than undeveloped practice fields as the proposed lake would be
considered more favorably in the grant application. The Parks
Board recommended that staff proceed with a matching grant
application to Texas Parks and Wildlife for initial development of
basic park facilities. Due to the fact that the grant application
was due on July 31, 1992, there was an urgency to develop an
acceptable conceptual master plan that balanced the criteria for a
favorable grantlapplication, the long range park development needs
of the City, the reality of funding proper maintenance of the
development, and the expressed desired of the adjacent
neighborhood.
Janet Simpson, Park Administrator, presented the details of the
Master Plan. Residents had indicated the need for passive
facilities. A community park, which was a more intensely developed
park, and a neighborhood park were being planned. A future
recreation center would be planned for an area near the community
park. The proposal included a development adjacent to Hobson Lane
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June 23, 1992
Page 2
with a picnic pavilion, picnic tables, playground, 2 tennis courts,
basketball c~urts, sand volleyball, lake with fishing pier, open
space, soft and hard surface trails, restroom and parking. A
neighborhood park type of development near Jason Drive and
Londonderry would include basic picnic and playground facilities
only. Walking trails would be provided throughout the park. A
proposed entrance off of Teasley Lane would provide residents of
Southridge adequate access. Neighborhood meetings provided
information on what facilities the residents would like to see in
the park. Passive development was suggested as a first priority
which included trails for walking and jogging, playgrounds, picnic
facilities, and landscaping. Active development was a second
priority which included tennis courts, basketball courts, sand
volleyball, and unlighted ball fields. Support facilities included
adequate parking, restrooms, and security lights. Simpson presented
the grant criteria which included trails, swimming, playground
areas, hiking trails. Phase one would included a neighborhood park
developed on the north side of the development. A concrete trail
was proposed to link the two parks with soft surface trails in
other parts of the development. A lake would be developed to help
with drainage and also be a positive factor in the grant
application. Simpson presented the components of the grant
application. She detailed the recreation facilities which would be
included in the grant application which included concrete hike and
bike trails, soft surface hiking, playground structures, 2 picnic
pavilions and picnic units. Tennis courts, basketball courts
volleyball and security lighting would also be included.
Betty McKean, Executive Director for Economic Development and
Municipal Services, stated that the original intent had been to
open only 25 acres which was much less than the proposed plan.
citizens had indicated that if the park were opened to trails, they
would be satisfied if the rest of the park were left natural. Most
of the park would not be mowed. She detailed the maintenance
requirements w~ich would be throughout the park. Some areas would
receive weekly maintenance in regards to mowing and liter control
and other areas would only receive maintenance every two weeks or
more. The decision to open the park and provide natural areas was
predicated on being able to maintain these areas at Class D level
(no mowing) and the continued support from the City Council if
there were pressure from citizens to upgrade the maintenance at a
later date. Four options were provided for Council consideration:
(1) submit the grant proposal as recommended by the Parks and
Recreation Advisory Board on July 31, 1992. (2) submit an alternate
grant proposal on July 31, 1992, (3) delay the grant submission
un%il ~anuary 31, 1992, or (4) do not submit a grant and construct
a partial development with the available $500,000 in 1986 bond
funds.
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Mayor Pro TemHopkins expressed appreciation to the Parks Board and
staff for all of the work involved with the project. She felt the
project should move ahead in order to proceed with the grant
application.
Council Member Perry suggested the lake be could be termed a
wildlife refuge and could be included in the grant application. He
suggested rerouting traffic off of Teasley as that street was
extremely busy.
Consensus of the Council was to proceed with Phase I and the grant
application.
3. The Council was to receive a presentation and discussion of
the Capital Improvement Program. (Recommended by the Planning and
Zoning Commission and the Public Utilities Board.)
This item was considered during the Regular Meeting under
Miscellaneous Matters from the City Manager.
4. The Council was to receive a report and hold a discussion
regarding the City's new automated attendant phone service.
This item was considered during the Regular Meeting under
Miscellaneous Matters from the City Manager.
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
Brock, Perry, Smith and Miller.
ABSENT: Council Member Chew
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. Resolutions of Appreciation
A. The Council considered approval of a resolution of
appreciation for Tillman Uland.
The Mayor presented the resolution of appreciation to Tillman
Uland.
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The following resolution was considered:
RA92-007
RESOLUTION OF APPRECIATION OF TILLMAN E. ULAND
Perry motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Mike Reynolds,
Grubbs and Ellis, regarding the City's cooperation in development
projects.
Mr. Reynolds stated that he had been before the Council on a number
of occasions on zoning cases and as a developer. He had stated in
the past that the City was anti-growth. Recently he had been
involved in the sale of property in Denton and had received
excellent cooperation from City staff especially the Planning
Department and the Economic Development Department. He thanked the
City for all of the help he had received.
B. The Council received a citizen report from Joe Dodd
regarding proposed amendments to the sexually oriented business
ordinance.
Mr. Dodd felt that during the year of hearings held on the sexually
oriented business ordinance, three findings had been made: (1)
explicit depictions of actual sexual activity was legal material in
the City of Denton and in the United States, (2) the material
should never be available to minors, and (3) the community would
be better served if a limited amount of the material were available
to the public through general interest stores as opposed to large
super stores. He felt that one of the priorities should be that
the material should not be available to minors. Perhaps an age
limit should b~ included in the ordinance. A larger problem with
the ordinance was the wording in terms of definitions. If the
Motion Pictures Association rating had been used, a building
inspector would be able to look at the outside of a box and count
the number of tapes which would be excluded. The current wording
was very confusing. The present definition might suit a lawyer but
it was of no aid to a store owner or an inspector.
Mayor Pro Tem Hopkins stated that she had advocated that the movie
ratings be used. She had asked the attorney previously if those
rating could be used and questioned if any changes had been made
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which would.now allow use of those ratings.
Debra Drayovitch, City Attorney, replied that the use of the Motion
Picture Board ratings standing had not changed. She would forward
the Council the legal option which had previously been rendered in
regards to using those ratings. She stated that she would review
those ratings and would report back to Council.
C. The Council received a citizen report from Fred Connell
regarding addition of a proposed drainage project to the capital
improvement program.
Mr. Connell stated that he was concerned with a drainage ditch at
Good Samaritan Village. He was concerned with the danger of the
ditch to the residents of the Health Center of Good Samaritan
Village who walk in the area, to the older drivers in the area who
had to negotiate the ditch through the area and to the children who
played in the ditch. He asked the Council to inspect the area to
see what the ditch looked like and the condition it was in. The
Resident Council of Good Samaritan had taken on the issue and asked
that the ditch be taken care of instead of the occasional work
which was done on the ditch.
Mayor Castleberry asked staff to present a cost analysis and plan
for possible inclusion in the CIP.
4. Public Hearings
A. The Council held a public hearing and considered approval
of the preliminary and final replats of portions of Lots 7 and 8;
into Lot 11, Block 7, of the Alex Robertson Addition. The 5,040
square foot lot was located on the north side of Mill Street
between Cook and Allen Streets. (The Planning and Zoning
Commission recommended approval 5-0 at its June 10 meeting.)
Frank Robbins, Executive Director for Planning, stated that this
was a one lot replat which was a replat of split lots. Before a
building permit could be issued, the plat needed to be plotted.
Since the lot existed in its current configuration prior to the
adoption of the zoning ordinance, there was no violation of. the
area requirements.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
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The Mayor closed the public hearing.
Hopkins motioned, Perry seconded to approve the preliminary and
final replats. On roll vote, Brock "aye", Miller "aye", Hopkins
"aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
B. The Council held a public hearing on and considered
approval of the preliminary and final replat of Lots 1, 2 and 3,
block 1, Janke Addition, being a replat of the Dale Brown Addition,
Lots 1-7, Block 1, on property located on the east side of Bonnie
Brae, approximately 800 feet south of University Drive. (The
Planning and Zoning Commission recommended approval 4-0 at their
meeting of May 27, 1992.)
Frank Robbins, Executive Director for Planning, stated that this
was a. residential replat of a prior subdivision planned
development. The replat conformed to the minimum requirements for
the Subdivision and Land Development Regulations.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Perry motioned, Smith seconded to approve the preliminary and final
replats. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
C. The Council held a public hearing on and considered
adoption of an~ordinance approving an amendment to Specific Use
Permit No. 200 (Kern Personal Care Center), enlarging the area from
4.82 acres to 4.857 acres. (The Planning and Zoning Commission
recommended approval 5-0 at their meeting of May 13, 1992.)
Frank Robbins, Executive Director for Planning, stated that this
ordinance was to correct the mets and bounds description of the
site. The site plan was not changed and this amendment would
conform the permit with the proposed plat.
The Mayor opened the public hearing.
No one spoke in favor.
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Page 7
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
92-099
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 92-012 TO CORRECT THE ACREAGE COVERED BY SPECIFIC PERMIT
NO. 200; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. Consent Agenda
Brock motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
A. Bids and Purchase Orders:
2.
3.
4.
5.
6.
7.
Bid #1365 - 300 KVA Padmounted Transformers
Bid #1370 - Lease of Scraper
Bid #1366 - Wilson Street Sidewalk Improvements
Bid ~1374 - Demolition and Clearing #19
Bid #1388 - Cooke County College Construction
P.O. #25029 - IBM
P.O. #25030 - IBM
B. Plats and Replats
6. Ordinances
Considered approving a preliminary replat of Lot 1,
Block 1, plus approximately .588 acres of unplatted
land into Lots 1R and 2R, Block 1, of the Alvin &
Charlotte Whaley Addition. (The Planning and
Zoning Commission recommended approval 5-0 at their
meeting of June 10, 1992.)
A. The Council considered adoption of an ordinance acceDting
a ~ompetitive sealed proposal and awarding a contract for purchase
of materials, equipment, supplies or services. (5.A.1. - Bid
#1365, 5.A.2. - Bid ~1370)
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The following ordinance was considered:
No. 92-100
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.
Smith motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "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.3. - Bid #1366, 5.A.4. - Bid
~1374,-5.A.5. - Bid #1388)
The following ordinance was considered:
No. 92-101
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, Brock "aye", Miller "aye", Hopkins "aye", Smith "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 provision~ of state law exempting such purchases from
requirements of competitive bids. (5.A.6. - P.O. ~25059, 5.A.7. -
P.O. #25030)
The following ordinance was considered:
No. 92-102
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
EXF~MPTING SUCH P~-RC~L~SES FROM REQUIRF/~ENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
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Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with Corgan
Associates Architects for professional consulting services in
connection with the Martin Luther King, Jr. Recreation Center and
anticipated future litigation.
Bruce Hennington, Superintendent of Building Operations, stated
that the contract concerned the building at the Martin Luther King,
Jr. Recreation Center. There continued to be problems with the
building. The contract would determine what was wrong with the
building and what could be done to correct the problems. The first
phase would take water samples and ground samples to monitor water
in the building and under the building to determine where the water
was coming from. The second phasewould have the civil engineers
look at the plat drawings and determine what would be needed to the
grounds outside to repair and fix the building. Phase three would
be a report with exact recommendations as to how to fix the
problems and the cost of those repairs.
Council Member Miller indicated that the total amount of the
contract was not listed in the body of the contract.
Hennington stated that the contract referred to a letter by Corgan
and Associates which indicated that the fee would be $12,900. If
it were determined early that there was a water problem and exactly
where it was coming from, the cost would not be as great.
The following ordinance was considered:
No. 92-103
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT HIRING CORGANASSOCIATESARCHITECTS FOR PROFESSIONAL
CONSULTINGiSERVICES IN CONNECTION WITH THE MARTIN LUTHER KING,
JR. RECREATION CENTER AND ANTICIPATED FUTURE LITIGATION;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Chew returned to the meeting.
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E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the Texas
State Department of Highways and Public Transportation for
installation of traffic signal controllers on FM 2181 at its
intersection with Interstate Highway 35E, Oak Meadow Drive, and
Londonderry Lane in Denton; and authorizing the expenditure of
funds therefore.
Jerry Clark, City Engineer, stated that this was a contract
amendment. The original contract would have paid the City for
installing two temporary signals at Teasley Lane. Original payment
would have included both of the temporary signals and the City
would keep the controllers. The State revised the contract to
include additional time for installation of the signals and would
reduce the amount paid to the City to 20%.
The following ordinance was considered:
No. 92-104
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL
CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE
HIGHWAY 35E, OAK MEADOW DRIVE, AND LONDONDERRY LANE IN DENTON;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING
AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance providing
for one-way traffic from south to north on Malone Street from its
intersection with Scripture Street to a point two hundred feet
(200') north of said intersection with scripture Street; and
providing for a penalty in the maximum amount of $200.00 for
violations thereof.
Jerry Clark, City Engineer, stated that the ordinance would
establish one-way traffic from south to north on Malone Street from
its intersection with Scripture to a point two hundred feet north
of Scripture. This would make the section of Malone from Scripture
to Jagoe one-way northbound and would eliminate the yield signs
which would provide better safety for the general area.
smith asked about the head-in parking in the area. Individuals
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City of Denton City Council Minutes
June 23, 1992
Page 11
wanting to park in those spaces would need to cross traffic.
Clark indicated that that was an overflow parking area.
The following ordinance was considered:
No. 92-105
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR ONE-
WAY TRAFFIC FROM SOUTH TO NORTH ON MALONE STREET FROM ITS
INTERSECTION WITH SCRIPTURE STREET TO A POINT TWO HUNDRED FEET
(200') NORTH OF SAID INTERSECTION WITH SCRIPTURE STREET;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance revising
Ordinance 90-150 providing rules of procedure for the city Council
of Denton, Texas; amending presentations by citizens and time
limits of business for City Council meetings.
Catherine Tuck, Administrative Assistant, stated that per Council's
direction, staff had revised the City Council's rules and
procedures to allow for citizens to voice their concerns on agenda
items without one week prior notification. The proposed ordinance
provided for a citizen to address the Council for up to three
minutes regarding any agenda item during a regular Council meeting.
Public hearings would still be five minutes. The ordinance would
still provide for notification by 5:00 p.m. on Wednesday prior to
the Tuesday meeting in order for a citizen to address the Council
for five minutes on any non-agenda item.
Council Member Chew questioned paragraph B of the ordinance which
required "unanimous consent of the Council for those not filling
out a card." He felt that that was too restrictive.
Council Member Smith agreed that that provision was not needed. She
suggested a revision that the speaker card be given to the City
Secretary during the meeting rather than before the meeting. She
also felt that it might be too confusing to have same card for
public hearing speaking and for agenda speaking. She suggested two
differed cards to keep the items separate.
Council Member Brock felt that the ordinance made the public
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June 23, 1992
Page 12
hearing speaking more difficult.
Mayor Pro Tem Hopkins agreed that those portions should be amended.
She felt that with a public hearing, the individuals should only
have to complete a card with their name and not so much information
as some one speaking to an agenda item.
Tuck indicated that the cards were implemented to make the records
more accurate. One card was used as some speakers might not know
if their item was a public hearing or an agenda item before the
meeting.
Debra Drayovitch, City Attorney, stated that the passage of the
ordinance would require additional information on the Consent
Agenda so that an item could be considered from the audience.
Council Member Chew asked again about the
speaker who had not completed a card. He
wording be removed.
language regarding a
suggested that that
City Attorney Drayovitch stated that that language was taken from
the Council's current rules of procedures.
Mayor Pro Tem Hopkins suggested that the first part of paragraph B
be changed to reflect the wording that the card could be presented
before the item began.
city Attorney Drayovitch suggested that the changes be made and the
ordinance considered at the next meeting.
Smith motioned, Chew seconded to postpone the ordinance until the
next meeting for consideration to be placed on the work session as
well as the regular session for consideration. On roll vote, Brock
"aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
H. The Council considered adoption of an ordinance
authorizing thelCity Manager to execute a contract between the City
of Denton and C.H. Guernsey relating consulting services for the
1992 electric utility rate study.
Bob Nelson, Executive Director for Utilities, stated that the
outside consulting firm would perform a study to assure that the
utility rates met all state of the art rate making principles and
that such principles were compatible with neighboring utility
systems. R~quests for proposals were sent out with five response~
received. It was recommended that the firm of C. H. Guernsey be
awarded the contract.
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Page 13
The following ordinance was considered:
No. 92-106
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF DENTON AND C. H. GUERNSEY &
COMPANY, RELATING TO CONSULTING SERVICES FOR THE DESIGN OF
ELECTRIC RATES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "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
authorizing the City Manager to submit an amendment to the 1990
Final Statement of Community Development Objectives and Projected
Use of Funds submitted to the Department of Housing and Urban
Development.
Barbara Ross, Community Development Coordinator, presented
information on the first two resolutions. The first resolution
would reallocate $25,000 to be used in conjunction with an elderly
housing program grant application.
Council Member smith asked if the building would be sprinkled.
Ross replied yes.
City Manager Harrell indicated that overtures had been made to the
Denton County Housing Development Corporation to provide funding to
help with the :project. Formal action had not been taken but
informal discussions indicated that it would be forthcoming.
The following ~esolution was considered:
No. R92-028
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE 1990 FINAL STATEMENT OF COMMUNITY DEVELOPMENT
OBJECTIVES AND PROJECTED USE OF FUNDS SUBMITTED JUNE 22, 1990
TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WITH
APPROPRIAT~ C~RTIPICATION~, AS AUTHORIZED AND REQUIRED BY THE
HOUSINGAND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND
PROVIDING AN EFFECTIVE DATE.
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Page 14
smith motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Miller "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 city Manager to execute all necessary documents to
provide that $25,000 in 1990 Community Development Block Grant
funds be designated to be used in conjunction with a Section 202
Elderly Housing Program Grant application by the National
Development Council.
The following resolution was considered:
No. R92-029
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS TO PROVIDE THAT $25,000 IN 1990 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BE DESIGNATED TO BE USED IN
CONJUNCTION WITH A SECTION 202 ELDERLY HOUSING PROGRAM GRANT
APPLICATION BY THE NATIONAL DEVELOPMENT COUNCIL; ~ND PROVIDING
FOR AN EFFECTIVE DATE.
Miller motioned, smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution complying
with the order for information by Region 6 of the United States
Environmental Protection Agency, as contained in Docket No. VI-91-
2641.
Bob Nelson, Executive Director for Utilities, stated that the EPA
had developed a program known as the Municipal Water Pollution
Prevention Program to assure that municipal wastewater facilities
provided sufficient resources for compliance maintenance prior to
becoming non-compliant.
Jim Coulter, Environmental Services Administrator, stated that this
was a pilot program whichdivided the wastewater treatment program
into 9 areas of evaluation. The audit process generated points
that were based on the facility's answer to the questions. The EPA
required the submission of a resolution from the City Council
concerning the acknowledgement of the information provided in the
environmental audi% and actionm that the Council had taken to
ensure permit compliance.
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Hopkins questioned the substitute resolution which indicated a
change in the rate increase wording.
Nelson indicated that the Public Utilities Board had requested the
change in wording in order to accurately reflect the rate. The new
wording stated that rates would be charged appropriately.
The following resolution was considered:
No. R92-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
COMPLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN
DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered approval of a resolution
designating certain officials as being responsible for, acting for,
and on behalf of the City of Denton in dealing with the Texas Parks
& Wildlife Department, for the purpose of participating in certain
grant programs for 200 acres of park land located at Teasley and
Hobson. (The Parks and Recreation Advisory Board recommended
approval.)
The following resolution was considered:
No. R92-031
A RESOLUTION OF THE CITY OF DENTON, TEXAS DESIGNATING CERTAIN
OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF
OF THE CITY OF DENTON IN DEALING WITH THE TEXAS PARKS AND
WILDLIFE DEPARTMENT, FOR THE PURPOSE OF PARTICIPATING IN
CERTAIN GRANT PROGRAMS; CERTIFYING THAT THE CITY OF DENTON IS
ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMS, AND
DEDICATING THE PROPOSED SITE FOR OUTDOOR RECREATION USES.
Mayor Pro Tem Hopkins motioned, Chew seconded to approve the
resolution. On roll vote, Brock "aye", Miller "aye", Hopkins
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
8. Miscellaneous matters from the City Manager.
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City Manager Harrell indicated that he did not have any items for
consideration but would like to return to the work session items
which were not considered earlier.
3. Presentation and discussion of the Capital Improvement
Program. (Recommended by the Planning and Zoning Commission and
the Public Utilities Board.)
John McGrane, Executive Director for Finance, stated that this was
a five year plan' with five annual plans. One section was the
utility section and one section was a general government section.
Items were reviewed by staff, the executive staff, a number of
public hearings were held and then the Planning and Zoning
Commission considered the items. McGrane stated that Council
Member Miller had asked about the assumptions which went into the
CIP. He listed the assumptions which included the CIP would be
financed by long term debt, level of debt service, 1/3-2/3 tax rate
split, slight or no value growth, voter approval of non-approved
projects.
Mayor Pro Tem Hopkins stated that the last bond package had
promised no tax increases. Were these recommendations also based
on no tax increase or would bonds have to be sold.
McGrane replied that to the question if there would be any
anticipated tax increase with the program as presented, the amount
of debt would tried to be held at the same level which would keep
the tax level the same. The 1986 issue was based on a five year
plan that anticipated a growth in the ad valorem tax base and
anticipated a certain interest rate. It also anticipated arbitrage
earnings because at that point in time, the federal government had
not passed the 1986 tax law which no longer allowed the City to use
those interest funds.
City Manager Harrell indicated that when the Council felt it was
the appropriate time to approach the voters with a new five year
capital improvement program, it would be a major policy issue which
the Council would have to debate.
Council Member Brock stated that before the public hearings at the
Planning and Zoning Commission, there were additional opportunities
for citizen input.
McGrane indicated that letters were sent out in the first round
asking for input on proposed projects.
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McGrane continued with the criteria for placement of CIP projects.
The first round included staff priority; the second round included
executive committee rankings based on the ranking factors of public
safety, health, life (25%), legal requirements, liability (22.5%),
quality of current service (20%) and economic growth and
development (17.5%). The third round included staff
recommendations and public hearing input at the Planning and Zoning
Commission and the fourth round was recommendations to the City
Council.
Kathy DuBose, Treasurer, presented the general government projects.
The proposed projects for 1992-93 included a Wilson-Morse-Alexander
area drainage project, a 1000 foot runway extension-south for the
Airport, park development in the south part of the City, park
acquisition in the northeast part of the City and a law enforcement
center/complex.
City Manager Harrell indicated that when the Council looked at the
1992-93 proposed budget, it would be in two parts. One part would
be the operating budget and the second part would be the first year
of the CIP program. When the Council approved the 1992-93 budget,
it would be approving the operating budget and approving the first
year of the CIP program.
DuBose continued with the 1993-94 proposed projects which included
Lillian Miller sidewalks, Willowwood bikeway/sidewalks,
intersection control signals, turn lanes for arterials, pedestrian
signals, University Drive I35 to Elm right-of-way purchase, Payne
Drive paving and sidewalk, landscape Teasley Lane I35 to Miller,
library computerized system, pool renovation and fire/police
computer.
City Manager Harrell indicated that the pool authorization had been
prepared prior to the decisions by Council at the Planning Seminar.
The decisions made by Council at the Planning Session would be
substituted for the current proposal.
DuBose stated l that the 1994-95 projects included street
reconstruction, library phase I, park development in the northeast
and a new roof on 5 general fund buildings. The proposed projects
for 1995-96 were Fort Worth Drive paving and drainage (Phase I),
arterial turn lanes, sidewalks/bikeways, Avenue B paving, traffic
signals, arterial turn lanes, street construction, Westway paving
and drainage, Fort Worth Drive paving and drainage (Phase II),
Collin Street paving and drainage (Phase I), city park water
facility study, landscape Loop 288 and Landscape Fort Worth Drive -
I. Proposed projects for 1996-97 included miscellaneous street
construction/reconstruction, intersection control signals, sidewalk
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June 23, 1992
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construction, turn lanes for arterials, Mingo Road shoulder, Cooper
Creek Channel-Phase I, Avenue G, landscape Fort Worth Drive-Phase
I, pool expansion and replacement of snorkel.
Council Member Smith asked for the total package costs.
DuBose replied the total was approximately $10 million.
Bob Nelson, Executive Director for Utilities, presented the
utilities CIP. The utilities CIP projects were developed around
the needs of the City. Major projects for electric utilities
included an addition to the power production plant in about 1995-
96; gas pipeline for next year, and a central dispatch and
building. Water utilities major projects included new water
plant/transmission lines, booster station at Hartlee Field,
distribution system improvements and an elevated storage tank.
Wastewater major projects included major renovation of the plant
and collection system upgrades. Community Services major projects
included mobile equipment and drainage projects.
Harrell indicated that there was a difference between utility bonds
and general government bonds. Utility bonds were revenue bonds
which were supported by the rates and were issued by the Council.
General obligation bonds funded general government and required
voter approval.
Nelson indicated the types of bonds which would be needed and the
amounts which were included in the handout he presented to Council.
It was predicted that the rates would increase approximately 3% in
1994, a 4-5% increase in 1995 and a 6% increase in 1996 and 1997.
Water increases would be approximately 6%. Wastewater increases
were estimated at 10% for the current year and approximately 7% in
future years.
4. The Council received a report and held a discussion
regarding the city's new automated attendant phone service.
Catherine Tuck, Administrative Assistant, stated that as part of
the new phone system, a pre-recorded message system could be
installed. The system would involve calling a basic number and
receiving a number of menus to choose from. A two phase approach
would be used. The first phase set of numbers would include four
numbers - library main information number, personnel job line,
municipal court system, and parks information. The departments
were working on the reoordings and would be available for the July
switchover. The second phase would begin a month later which would
implement all of the other lines. Public information would be
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provided such as notices in the newspaper prior to the
implementation of the phases. Utility billing inserts would
explain the system as would the citizen newsletter. The system
would be monitored for information such as the number of calls, the
time of the calls, which information was accessed more frequently.
Council Member Perry asked if everyone could access the system.
Tuck indicated that if an individual did not have a touch tone
phone, the call would automatically be transferred to an attendant.
9. Official Action on Executive Session Items:
There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
10. New Business
The following item of New Business was suggested by a Council
Member for a future agenda:
A. Council Member Brock suggested a work session discussion
on the sexually oriented business ordinance.
B. Mayor Castleberry indicated that the contracts with Moore
building working well. It was now time to make a decision as to
the names of the various buildings. He asked Council Member Smith
and Mayor Pro Tem Hopkins work with City Manager and he on names
for the buildings.
11. The Council convened into the Executive Session to discuss
legal matters (considered settlement offer in R. C. Small &
Associates, Inc. v. City of Denton, Texas, considered settlement
offer in Winterrowd vs. Casteel, et al, considered authorization
for settlement of David Amberson and LindaAmberson v. Todd Kidwel]
and City of Denton, Texas), real estate, and personnel/board
appointments (considered appointments to all City of Denton Boards
and Commissions. and discussed personnel matters and duties of the
City Manager, the City Attorney and the Municipal Judge as related
to the operation of the Municipal Court.)
No official action was taken.
With no further business, the meeting was adjourned.
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