Minutes July 07, 1992298
CITY OF DENTON CITY COUNCIL MINUTES
JULY 7, 1992
The Council convened into the Work Session of the City of Denton
City Council 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 action in Paul Iwuchukwu v. City of
Denton and considered settlement offer in R. C. Small & Associates,
Inc. v. City of Denton) real estate, and personnel/board
appointments (considered appointments to all City of Denton Boards
and Commissions).
2. The Council received a report and held a discussion regarding
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.
Lloyd Harrell, City Manager, stated that per Council direction
revisions had been done to the ordinance and the card and the
ordinance was now ready for Council consideration.
Catherine Tuck, Administrative Assistant, detailed three major
changes to the ordinance. A section had been removed which stated
that if a speaker did not sign a request form the unanimous consent
of the Council was needed to allow the speaker to address the
Council. A second change was to allow a speaker to turn in the
card to the. City Secretary just before the item was considered and
the third change indicated that the speaker "shall" sign up with a
card instead of "must". Additional comments from Council requested
a replacement of "he" with "he/she" and a suggestion that if the
citizen wished to speak, the.Mayor would call on speaker so that
the citizen did not have to speak if he did not wish to do so.
Mayor Pro Tem Hopkins felt that the wording "to provide input" was
too broad a concept. She suggested using "wishing to address the
City Council".
Council Member Miller felt that "address" implied addressing the
council and "provide input" meant the citizen did not have to speak
to the Council but rather provide information.
Council Member Smith indicated that public hearing items were not
mentioned until Item 2 on the card. Some people would not
understand the difference between the public hearing item and the
general input item.
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Council Member Brock suggested changing the wording to "on a public
hearing item".
Consensus of the Council was to change "provide input" to "address
the City Council".
Council Member Smith suggested dividing Item 2 into two separate
items or the change the wording to make it similar throughout the
card.
Tuck indicated that the proposed changes would be made to the card
and presented to Council for consideration during the Regular
Meeting.
3. The Council received a report and held a discussion regarding
further action on the possibility of an agreement with the Denton
Independent School District relative to the telecasting of Council
and School Board meetings.
Bill Angelo, Director of Community Services, stated that on June 24
a meeting was held with the DISD relative to the broadcasting of
School Board meetings and the potential sharing of equipment
purchased through the Sammons Grant funds received by the City.
The DISD was very interested in broadcasting their meetings and
were willing to change their meeting dates so that they did not
conflict with the City Council meetings. This was seen as an
opportunity to explore the possibility of pooling joint resources
in order to broadcast these meetings.
Lloyd Harrell, City Manager, stated that the City had been invited
to the DISD at their request as they had a strong desire to
broadcast their meetings. At'that meeting, it was made clear that
the Council had not made a decision as to whether to broadcast City
Council meetings. It was a budget issue which had not been
decided. A joint agreement would possibly save taxpayers money
with equipment, operation and maintenance costs. If the Council
clearly was not. interested in this item, it would be helpful for
staff to know those wishes in order to not pursue the item any
further
Dr. Tim Sonnenberg, DISD Superintendent, stated that the views of
the Board indicated a strong interest to pursue this project.
Sharing the costs would make the effort more affordable for the
DISD.
Mayor Castleberry indicated that the DISD was wanting to move ahead
with the project as soon as possible.
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Council Member Brock indicated that she was in favor of pursuing
the option of a joint agreement. It would provide greater access
for the citizens and the City and School could use the channel for
joint announcements from the City and the DISD.
Council Member Smith felt the project would be a worthwhile project
but that the expense of the project had to be addressed.
Council Member Perry indicated that Council was in the early stages
of the budget process and before a new project was implemented,
Council needed to complete the budget process, especially when
departments were having to cut their budgets. This project might
be done at a later date once the budget had been looked at
carefully.
Council Member Chew felt that it was a budget issue and needed to
be looked at carefully before any decision was made.
Council Member Miller felt that there would not be a problem asking
for information on what kind of arrangement could be made and what
the cost figures would be. No decision would be made at this point
but rather information would be gathered as to how the procedure
would be formulated.
Council Member Smith felt that if a study were done, staff time
would be committed and she felt it might be better to wait until
the City was in a better financial position.
Mayor Pro Tem Hopkins felt that if some preliminary work could be
done without a great deal of staff time, it would be helpful to
have the information. If it involved a great deal of time, it
would be better to wait. No decision would be made until the final
budget decisions had been made.
City Manager Harrell indicated that if preliminary figures were
known, it might help Council during the budget process. If costs
could be shared, it might help the City's budget process. A joint
agreement wouldlreduce the City's share of the costs which would be
reflected in the budget.
Council Member Perry indicated again that he felt it would be
better to wait until the budget process to determine if a new
project should be started.
Council Member Chew indicated that the Citizen Survey had shown
that 58% of the respondents indicated that they were not
interested in having the meetings televised.
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Council Member Brock indicated that 42% indicated that they would
like the meetings televised. She questioned if the DISD would be
willing to wait until the Council was ready to proceed with the
issue.
Dr. Sonnenberg indicated that the DISD funds would be redirected
from current public relations funds and would not be a new program.
The DISD was not ready to proceed with a program of its own but
rather needed to wait and go into a cooperative agreement with the
City.
Jeff Kruger, DISD Board, felt that an advantage of this program
would be staff development. Training programs for staff
development would be redirected to pay for this program. A
bulletin board could be started for community announcements.
Council. Member Miller felt that the information would be helpful
for the budget process.
Angelo stated that there were two funding issues related the
broadcasting of the Council meetings. One was the broadcasting of
meetings which would require money for equipment and personnel to
film the meetings. The second issue was for equipment for the
operation of the channel which included the bulletin board. It
would not take a great deal of time to negotiate an agreement.
Mayor Castleberry asked for a consensus of the Council for staff to
proceed with a study of the costs and the possibility of a joint
agreement.
Mayor Pro Tem Hopkins, Council Members Miller and Brock and Mayor
Castleberry indicated that they would like to proceed with the
study.
Council Members Perry, Chew and Smith wanted to wait until the
budget process.
4. The Council received a report and held a discussion on the
development plan for North Lakes Park.
This item was considered during the Regular Session under
Miscellaneous Matters from the City Manager.
5. Discussion of major budget issues.
This item was considered during the Regular Session under
Miscellaneous Matters from the City Manager.
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The Council convened in the Regular Session at 7:00 p.m. in the
Council Chambers.
i. Pledge of Allegiance
The Mayor and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Sessions of June 2, 1992 and June 23, 1992 and the Planning Seminar
of June 5-6, 1992.
Lloyd Harrell, City Manager, indicated that the Planning Seminar
minutes had been revised to better describe the action which the
Council wished to take regarding the swimming pool. He felt it was
a better reflection of the Council's action.
Council Member Perry asked for a wording change in the June 23
meeting to reflect a change from "not" to "now".
Hopkins motioned,, Brock seconded to approve the minutes as
amended. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning a 10.18 acre tract of land from Planned
Development No. 41 District to the General Retail (Conditioned)
District on property located at the southwest corner of E. McKinney
and Loop 288. (The Planning.and Zoning Commission unanimously
recommended approval 4-0 at its meeting of June 24, 1992.)
Karen Feshari, Urban Planner, indicated that driveway variances had
been granted for the entire 10.18 acre tract and an internal access
system among all tracts also approved as part of the variance. The
Texas Department of Transportation would be responsible for
drainage improvements for the tract. At the time the improvements
were made, the detention pond would be eliminated. No building
permits would be issued on this site until such drainage
improvements were made. On October 19, 1992, the City Council
approved the rezoning of a 112.88 acre tract of land from the
Agricultural district to the Planned Development district and
approved a comprehensive site plan for single-family attached and
detached, multi-family, general retail, and open space usage. Two
detailed site plans had been approved for the 112 acre tract. One
was a 2.1 acre tract located at the southwest corner of Loop 288
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and McKinney and the other was the Genetics Medical Research Center
which was on the western portion of the 10 acre tract of land. On
March 25, 1992 the Planning and Zoning Commission recommended
denial of a detailed plan for a .83 acre tract of land located at
the southwest corner of East McKinney and Loop 288. Denial was
recommended because of violations of the Subdivision and Land Use
Regulations pertaining to curb cut locations, driveway widths,
corner clearance, as well as disuniting an existing detailed plan.
Instead of the applicant appealing the Planning and Zoning
Commission's decision to the City Council, the adjoining property
owners chose to join the applicant in submitting a plan for the
entire 10 acre tract of land. On May 4, 1992, an alternative
access plan was approved by the Citizen Traffic Safety Support
Commission showing joint access to the adjoining tracts. The
property was located in a moderate activity center which encouraged
mixed use development. This particular area was approved by PD-41
for general retail uses. The Planning and Zoning Commission
recommended there be a maximum floor to area ratio, maximum
building height as well as a specific list of permitted uses.
Provided that specific conditions were approved for this site, the
request complied with the policies of the Denton Development Plan
for moderate activity centers.
The Mayor opened the public hearing.
Michael Cordell, Vice-President of First State Bank, spoke in
favor. He indicated that the plan was logical and reasonable which
would be an enhancement to the City. The Bank was in favor of the
request and indicated that it would be a great addition to the
City. He requested the Council's approval.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-107
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT NO. 41 (PD-41) TO GENERAL
RETAIL (GR) DISTRICT CLASSIFICATION AND USE DESIGNATION WITH
CONDITIONS FOR 10.1834 ACRES OF LAND LOCATED AT THE SOUTHWEST
CORNER OF E. MCKINNEY STREET AND LOOP 288; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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Hopkins 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.
B. The Council held a public hearing and considered adoption
of an ordinance amending Specific Use Permit No. 192 allowing for
a new expiration date of May 7, 1998 for a horse training facility
on a 173 acre tract of land located on the east side of Teasley
Lane, known as 3505 Teasley Lane. (The Planning and Zoning
Commission recommended approval 4-0 at its meeting of May 27,
1992.)
Karen Feshari, Urban Planner, indicated that this was a request to
amend a specific use permit which the Council approved in May 1987.
On May 17, 1988, the Council approved an amendment to that specific
use permit to provide for a new expiration date. A condition was
added that if construction of the facility had not begun in
accordance with a building permit issued on or before May 7, 1993,
the permit would automatically expire on that date. The applicant
had requested an extension of five years from the approved date of
May 7, 1993. The Planning and Zoning Commission recommended
approval with the condition that Ordinance No. 88-089 be amended to
reflect an expiration date of May 7, 1999.
The Mayor opened the public hearing.
Jerry Cott, owner of the property, felt that if a Class A track
were built in the area, a training facility would be a good
economic advantage to the City of Denton. His location had
adequate water for such a facility which other facilities did not.
The facility would house horses during the racing season. He asked
for an extension of the specific use permit as approval of the
Dallas tracks would not take place until approximately December 31,
1992. Construction would not take place until a year from now.
Mayor Castleberry asked for an explanation of a training track.
Cott indicated Ghat the track would be equal in size to a regular
racing track. Horses were brought to a facility near a regular
racing track to train and conditioned them daily during the racing
season. Grooms would take care of the physical needs of the
horses.
Council Member Brock asked how many horses Cott anticipated would
be at the track during the racing season.
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Cott indicated there were not be any more than currently at the
facility during the breading season. He anticipated approximately
200 horses.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC
USE PERMIT NO. 192 AS IT APPLIES TO 173 ACRES OF LAND LOCATED
AT 3505 TEASLEY LANE; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins. 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.
C. The Council held a public hearing and considered adoption
of an ordinance approving a detailed plan for a portion of Planned
Development No. 6 being a 12.2077 acre tract of land located east
of 1-35, northwest of San Jacinto Boulevard, and east of Piney
Creek Boulevard. The property was better known as San Jacinto
Plaza. (The Planning and Zoning Commission recommended approval 4-
0 at its meeting of May 27, 1992.)
Karen Feshari, Urban Planner, indicated that this was a City
initiated zoning case. The purpose of the application was two-fold
(1) it was an administrative exercise within Planned Development 6
and (2) the neighbors in the adjoining Township II, Phase I had
expressed concern about allowed uses in the shopping center. On
August 23, 1969, Planned Development 6 was approved with a
comprehensive site plan. Township II, Phase I, and San Jacinto
Plaza were approved by ordinance for commercial, single-family,
multi-family, and duplex use. The language in the original
ordinance impled that the uses of the PD could be changed by the
platting process. In September 1984, San Jacinto Plaza was
replatted and a site plan was approved. No ordinance existed for
San Jacinto Plaza. Concern was expressed at a recent neighborhood
meeting regarding restaurants at this location due to odor and
increased traffic. The Planning and Zoning Commission recommended
approved of the detail plan and attached plan of permitted uses.
The Mayor opened the public hearing.
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No one spoke in.favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Hopkins asked if the only change was to take
restaurants out as a permitted use.
Feshari indicated that no ordinance had been approved for the
zoning in this area and this ordinance was to formally adopt the
zoning.
Council Member Brock stated that retail establishments were listed
as a permitted use and asked if restaurants were ever considered a
retail establishment.
Feshari indicated no as the~ Zoning Ordinance had provisions for
restaurants and eating establishments.
The following ordinance was considered:
No. 92-109
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
APPROVAL OF A DETAILED PLAN FOR A 12.2077 ACRE TRACT OF LAND
BEING A PORTION OF PLANNED DEVELOPMENT NO. 6, ALSO KNOWN AS
SAN JACINTO PLAZA AND BEING DESCRIBED AS LOTS 2A, 3A, 5A AND
6A, BLOCK A, REPLAT PART OF BLOCK A, TOWNSHIP II, PHASE II,
CITY OF DENTON, DENTON COUNTY, TEAS; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FORAN EFFECTIVE DATE.
Brock motioned, Smith 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.
3A. The Council considered approval of a resolution accepting a
grant offer from the Federal Aviation Administration in the amount
of $810,000 for the construction of drainage improvements at the
Denton Municipal Airport.
Mayor Castleberry indicated that there was a change in wording of
the resolution. The improvements would be for overlay and taxiway
improvements and not for drainage.
Harrell indicated that the correction read by the Mayor should be
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made in the resolution caption as well. There was a new Section 2
which had been added to the resolution. The amended resolution
made the appropriate budget transfer so that the City had available
the funds to construct the improvements at the Airport. During the
last budget process, the Council discussed the possibility of
receiving the grant offer and with that grant, the requirement of
the City's matching funds. This would have an effect on the fund
balance and on how much the City would be able to draw down for the
next budget year. This was a much needed improvement at the
Airport and 90/10 matching grants were not very common any longer.
Joe Thompson, Airport Manager, stated that the 1986 Master Plan
indicted that this work should be done. For the past five years,
pre-applications had been made for runway improvements and
extensions. An asphalt overlay would be done over the existing
runway and all of the runway would be repainted.
The following resolution was considered:
No.. R92-032
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION IN THE AMOUNT OF $810,000 FOR THE CONSTRUCTION
OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; 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", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. Consent Agenda
Perry motioned, Chew seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase Orders: 1. Bid #1367 - PC Component Parts
2. Bid #1377 - Asphalt, Emulsion & Road Materials
3. Bid #1378 - Precast Manholes
4. Bid #1379 - Cable 4/0 Concentric & 500 Compact
Copper
5. Bid #1380 - Cement, Lime and Aggregate
6. Bid ~1369 - Roof Repair - Electric Production
7. Bid #1372 - Contract Concrete Work
8. Bid #1381 - Taxiway & Apron Improvements
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9. Bid #1392 - Tennis Courts Slab/Overlay
10. PC #25224 - Michigan Instruments, Inc.
11. PC #25368 - General Electric
Bo
Plats and Replats
1. Considered the preliminary plat of Loop 288 Centre,
Lots 1, 2, 3 and 4, Block 1 and a comprehensive
pedestrian access plan on a 8.64 acre tract of land
located at the southwest corner to E. McKinney and
Loop 288. (The Planning and Zoning Commission
unanimously recommended approval 4-0 at the meeting
of June 24, 1992).
5. Ordinances
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 #1367, 4.A.2. - Bid
#1377, 4.A.3. - Bid #1378, 4.A.4. - Bid #1379, 4.A.5. - Bid #1380)
The following ordinance was considered:
No. 92-110
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, 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.
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 #1369, 4.A.7. - Bid
#1372, 4.A.8. ~ Bid #1381, 4.A.9. - Bid #1392)
The following ordinance was considered:
No. 92-111
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.
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city of Denton City Council Minutes
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Hopkins motioned, Smith 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.
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. (4.A.10~ - PC #25224, 4.A.11. -
PC #25368)
The following ordinance was considered:
No. 92-112
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 STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
Smith 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.
D. The Council considered adoption of a ordinance vacating
public utility easements on 2.258 acres of land lying in the Mary
L. Austin Survey, Abstract Number 4, City of Denton, Denton County,
Texas, and being a portion of easements from C. M. Simmons et ux to
Brazos Electric Power Cooperative, Inc. recorded in Volume 437,
Page 613 and Volume 449, Page 439 of the Deed records of Denton
County, Texas and assigned by Brazos Electric Power Cooperative,
Inc. to the City of Denton in instruments recorded in Volume 2736,
Page 825, real property records of Denton County, Texas. (The
Planning and Zoning Commission recommended approval.)
Jim Harder, Director of Electric Utilities, stated that the
easement was formally dedicated to Brazos Electric Power
Cooperative, Inc. for a 69KV line which had since been abandoned.
The City had no further use for the easement through that
particular piece of property and in exchange for the abandonment,
the City would be granted a 20' public utility easement along Loop
288.
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The following ordinance was considered:
No. 92-113
A/~ ORDINANCE VACATING PUBLIC UTILITY EASEMENTS ON 2.258 ACRES
OF LAND LYING IN THE MARY L. AUSTIN SURVEY, ABSTRACT NUMBER 4,
CITY OF DENTON, DENTON, COUNTY, TEXAS, AND BEING A PORTION OF
EASEMENTS FROM C.M. SIMMONS ET UX TO BRAZOS ELECTRIC POWER
COOPERATIVE, INC, RECORDED IN VOLUME 437, PAGE 613 AND VOLUME
449, PAGE 439 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND
ASSIGNED BY BRAZOS ELECTRIC POWER COOPERATIVE, INC. TO THE
CITY OF DENTON IN INSTRUMENT RECORDED IN VOLUME 2736, PAGE
825, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins 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.
E. The Council considered adoption of an ordinance
authorizing the city Manager to award an insurance contract for
Public Officials Liability Insurance.
Max Blackburn, Risk Manager, stated that the City had gone out for
bid for both law enforcement liability and ~'-public official
liability insurance. Only one bid was received for law enforcement
liability insurance and three bids were received for public
officials liability insurance. The low bidder for public officials
liability insurance was National Union Fire Insurance. It was
decided not to award a bid for the law enforcement liability
insurance.
The following ordinance was considered:
No. 92-114
AN ORDINANCE ACCEPTING THE PROPOSAL OF NATIONAL UNION FIRE
INSURANCE COMPANY FOR PUBLIC OFFICIAL LIABILITY INSURANCE
COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING 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.
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F. 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, presented the revisions
to the card as indicated by Council in the Work Session. The
changes would be implemented at the next regular Council meeting.
The following ordinance was considered:
No. 92-115
AN ORDINANCE AMENDING SECTION I OF ORDINANCE 90-150 PROVIDING
RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS;
AMENDING PRESENTATIONS BY CITIZENSAND TIME LIMITS OF BUSINESS
FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Smith 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.
6. Resolutions
A. The Council considered approval of a resolution adopting
a policy in support of the Americans With Disabilities Act.
Max Blackburn, Risk Manager, indicated that the Americans with
Disabilities Act became, fully effective for public entities on July
26, 1992. Part of that requirement required a public entity to
disseminate information to applicants, participants, beneficiaries,
and other interested persons to inform them of the rights and
protection afforded by the ADA. The City would make available a
binder with sections to satisfy the ADA requirements.
The following resolution was considered:
No. R92-033
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A POLICY IN
SUPPORT OF THE AMERICANS WITH DISABILITY ACT; AND PROVIDING AN
EFFECTIVE DATE.
City of Denton City Council Minutes
July 7, 1992
Page 15
Perry motioned, Brock 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 adopting
revisions to the personnel policy relating to tuition
reimbursement.
Betty Wilkins, Human Resource Specialist, indicated that the
resolution would revise the tuition reimbursement policy. Due to
increased participation and costs associated with tuition, it had
become necessary to more closely monitor guidelines for sharing in
the cost of tuition reimbursement for city employees. The proposed
changes to the policy would streamline administration of the
program, and place limitations on the number and types of courses
that the City would provide reimbursement for.
council Member Miller asked about a career field as it related to
course~ taken.
Wilkins replied that it related to the degree plan filed and the
requirements of that degree.
The following resolution was considered:
No. R92-034
A RESOLUTION ADOPTING REVISIONS TO THE PERSONNEL POLICY
RELATING TO TUITION REIMBURSEMENT; AND PROVIDING AN EFFECTIVE
DATE.
Brock motioned, Hopkins 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
authorizing the Right-of-Way Agent to accept the conveyance of a
0.4053 acre tract of land in the Morreau Forrest Survey A-417,
Denton County, Texas, from the Texas Municipal Power Agency.
Jim Harder, Director of Electric Utilities, stated that the land
was currently owned by the Texas Municipal Power Agency and the
resolution would convey the land to the City of Denton. The
Electric Department would utilize this tract as an electric
substation site and was necessary to maintain the electric
distribution power service in the eastern part of the City.
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July 7, 1992
Page 16
The following resolution was considered:
No. R92-035
A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE RIGHT-OF-
WAY AGENT TO ACCEPT THE CONVEYANCE OF A 0.4053 ACRE TRACT OF
LAND IN THE MORREAU FORREST SURVEY A-417, DENTON COUNTY,
TEXAS, FROM THE TEXAS MUNICIPAL POWER AGENCY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Chew motioned, Hopkins 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
temporarily closing Pearl Street, between Carroll Blvd. and Denton
Street on Saturday July 18 for a block party.
Catherine Tuck, Administrative Assistant, stated that the
signatures on the petition represented owners and residents. No
one would be denied access to their property.
The following resolution was considered:
NO. R92-036
A RESOLUTION TEMPORARILY CLOSING PEARL STREET BETWEEN CARROLL
BOULEVARD AND DENTON STREET ON SATURDAY, JULY 18, 1992; AND
PROVIDING AN EFFECTIVE DATE.
Perry 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.
7. Miscellaneous ~atters from the City Manager.
Mayor Castleberry indicated that the two Work Session items which
previously had not been considered would be done at this time.
Item #5 of the Wor~ Session was considered.
5. Discussion of major budget issues.
City Manager Harrell indicated that this was the time for Council
to present items for additional information to help with the
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City of Denton City Council Minutes
July 7, 1992
Page 17
decision process for the budget. This was the time for general
comments from the Council and preliminary discussions on the
budget. There were two major budget issues which were not
controversial and would help other agencies if a decision could be
made on those items. One item was the emergency management
coordinator position which had been recommended for elimination.
There would no longer be a joint city-county position. The City
would assume responsibility of its own emergency management with
Chief Jez and Chief Cook dividing the duties. It would be helpful
to notify the County Judge of the Council's decision on this issue.
The other issue was the mowing of the 13 acres on Teasley and
Longridge. A decision by Council would be helpful to the DISD in
their budget process." He would like Council consensus to proceed
as outlined at least in a preliminary fashion.
Hopkins asked if it were appropriate for a motion as per the listed
agenda item.
Debra Drayovitch, City Attorney, replied that the agenda did not
list the item as giving direction so no motion could be made.
Harrell indicated that if no one raised objection to the items,
enough direction would be given for him to proceed.
Consensus of the Council was to proceed as the City Manager had
proposed.
Harrell asked if there were any additional information the Council
requested regarding the budget.
Council Member Miller asked about the pay recommendations and
retirement plan. He asked for alternatives in terms of a pay
increase as opposed to retirement increases, possibly in terms of
increments. He asked if there was a way to determine when figures
were affecting operating budgets as opposed to capital
expenditures.
Harrell indicated that when the individual departments presented
their requests, those delineations would be made. Additional
information would be provided following those presentation, if
desired.
Council Member Perry questioned if there was an impact on the
employee insurance rate when licensed professional counselors and
psychologists were added to the plan.
Mayor Pro Tem Hopkins asked at what point would the Council deal
with the utility budget in regards to the rates. What were the
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July 7, 1992
Page 18
rights of the Council concerning overriding the Public Utilities
Board recommendation.
City Manager Harrell indicated that there were two points when that
could be done. On August 11 the utility staff would be making
their budget presentation and on Sept. 8 major budget issues would
be discussed of which one item was the rates in the utility area.
The Utility Board was a recommending board to the Council. The
difference was the utility budget was presented directly to the
Council as opposed to going through the Manager's office. Council
could make any changes it so desired.
Mayor Pro Tem Hopkins questioned any charter requirements which
might have to be complied with.
City Manager Harrell indicated that the Charter stated that the
utilities had to be self-supporting and could not subsidize other
services with utility funds.
Item #4 from the Work Session was considered.
4. The Council received a report and held a discussion on the
development plan for North Lakes Park.
Bob Tickner, Park Superintendent, presented the original concept of
the park. In 1986, the citizens approved a bond program to improve
athletic fields at North Lakes Park which would include a lighted
four field softball complex and five soccer fields with one to be
lighted. In 1990, the Department submitted for a grant to the Texas
Parks and Wildlife and received an award of $500,000. With the bond
funds and the grant, the project could be enhanced and new
facilities could be added. The softball fields would be to the
west of the current fields. Soccer fields would be north of that.
The configuration of the improvements included four new softball
fields, a restroom/concession stand, a soccer complex, a new
parking lot, a picnic shelter and an additional playground. A
fishing pier would be added to the lake along with a mile of hard
surface trails around the lake. The project schedule, plans and
specifications would be forwarded to the Parks and Wildlife Grants
In-Aid Section~ for review and to the Architectural Barriers
Committee for compliance with the American Disabilities Act.
Construction was planned to begin in December with completed
facilities being made available to the public in the summer of
1993. The major athletic softball and soccer facilities were not
expected to be available until spring of 1994 due to turf grass
establishment requirements.
Council Member Smith asked if the only access was on Windsor.
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July 7, 1992
Page 19
Tickner replied yes that the only access would be on Windsor.
Council Member Smith asked if that was sufficient access.
Tickner replied yes that the amount of traffic would be staggered
throughout the day and not everyone would trying to get into the
facility at the same time.
Council Member Perry was pleased that the playground would be
expanded. Were restroom facilities planned for the children. He
asked about the access from the parking lots - were the exits the
same size and if not, he suggested that they be the same size.
City Manager Harrell continued with his items.
C. Appointment to Civil Service Commission '- Derrell Bulls had
served three terms on the Commission and had reached his three term
limit on the Commission. This was an appointment which was made by
the City Manager and he indicated that Jana Bates would be
appointed to replace Dr. Bulls.
D. Even though many notices had been made regarding the
change, in trash pickup for the Fourth of July holiday, more than
200 calls had been received regarding trash not being picked up on
Thursday. A decision was made to run a crew on the routes on
Friday to pick up the trash. A review of the policy would be made
as to moving the trash pickup a day in advance.
Council Member Brock asked about the cost of that operation.
City Manager Harrell replied that he was not sure of the cost but
would provide report to the Council.
8. There was no official action on Executive Session items
discussed during the Work Session.
9. New Business
There were no items of New Business suggested by Council Members
for future agendas.
11. The Council convened into the Executive Session to discuss
legal matters (considered action in Paul Iwuchukwu v. City of
Denton and considered settlement offer in R. C. Small & Associates,
Inc. v. City of Denton) real estate, and personnel/board
appointments (considered appointments to all City of Denton Boards
and Commissions). No official action was taken.
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July 7, 1992
Page 20
With no further business, the meeting was adjourned.
BOB CASTLE~ERRY, MAYO~
CITY OF DENTON, TE
J~N~FE~ WALTERS
c~Y SE~R~.T~Y
C/~TY OF'DENTON, TEXAS
ACC0009E