Minutes July 21, 1992318
CITY OF DENTON CITY COUNCIL MINUTES
JULY 21, 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.
A~SENT: None
1. The Council convened into the Executive Session to discuss
legal matters (considered offer of Bolivar Water Supply Corporation
in connection with its application to the Texas Water Commission to
amend its Certificate of Convenience and Necessity), real estate
(considered purchase of 1.83 acres on Spencer Road across from the
City of Denton Power Plant), and personnel/board appointments
(considered appointments to all city of Denton Boards and
Commissions, received and considered legal advice regarding
affirmative action hiring for certain classes of City employees,
and received and considered legal advice on qualifications for
members, of City boards.)
2. Presentation and discussion of the Hotel/Motel Tax Recipients
budgets by the Denton Convention and Visitors Bureau, the Denton
Historical Commission, the Denton Historical Museum, the Greater
Denton Arts Council and the North Texas Fair Association.
Lloyd Harrell, City Manager, indicated that these were
presentations by the groups in the City which received hotel/motel
tax money.
George Gilkeson, Chair - Denton Convention and Visitors Bureau,
stated that a packet had been presented to the Council for back-up
materials which included an activity report, a marketing plan, a
budget and organizational chart. One goal the Bureau had for this
year was to increase occupancy tax from $160,000 to $180,000. That
goal had been accomplished increasing the tax from $160,403 to
$179,303. Another goal, to increase the number of people in
Denton, had also been realized. A third goal was to recruit one
movie and two commercials in 1992. Two movies had been shot in
Denton but no commercials had been shot. The purpose of the
Convention and iVisitors Bureau was to solicit conventions and
increase occupancy tax. A major accomplishment for the City was
holding the Texas Special Olympics in Denton for this year and also
for next year. A suggestion for billboards was noted from a
tourism assessment which had been done about Denton. Two
billboards were now in place. A new Denton brochure and restaurant
guide would be published shortly. The Bureau was working on
attracting travel shows and management seminars. He detailed the
special events which the Bureau was involved with which included
the Arts Festival, County Seat Saturday, and the Amphitheater
project. Staff members were continually striving to improve their
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personal knowledge through schools and seminars. The Bureau was
working on the possibility of a visitors center.
Lloyd Harrell, City Manager, asked about the increase in salaries
and advertising/tourism promotion.
Gilkeson replied that the salary increase was a proposal which
would provide a 5% increase to two positions, dependent on
satisfactory performance, effective after October.
Harrell questioned the amount.
Joann Ballentine, Chamber of Commerce, stated that there was an
error in last year's budget. Three additional items had been added
in the salary line item which included an intern position,
temporaries used throughout the year and a special project person.
Gilkeson stated that the advertising increase was for an additional
billboard for the next year.
Ballentine replied that the salaries in the proposed budget were
for three people and not for just one person.
Council Member Perry suggested listing the Community Theater as a
contributing reason for film production in Denton and to also
mention the two universities and their productions as primary
reasons why the film production had increased.
Leon Callihan, Denton Historical Commission, stated that historical
preservation was a state mandated duty of the Historical
Commission. Most of the work of the Commission was done on
projects which dealt with preservation of historical structures or
the marking of historical events. Three projects under
consideration for historical markers included the History Building
on the UNT campus, the IOOF Cemetery and several churches in
Denton. The Commission worked with the Main Street Program,
Historic Landmark Commission, County Seat Saturday, the All-War
Memorial Project, and Black History Exhibits. The Commission also
published historical materials about Denton County including
pamphlets, brochures, and books. The Commission also owned a 1935
Pirsch fire truck which once belonged to the City of Denton. The
truck was currently being refurbished and would soon be back in
Denton for special, events. The truck was used to represent the
Commission throughout Denton County.
Letitia deBurgos, Chair - Denton County Historical Museum, stated
that the Council had received a copy of their budget approved by
their Board on June 22, 1992. She stated that there had been an
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July 21, 1992
Page 3
increase in the number of individuals visiting the Museum since the
new signs had been placed regarding the Museum.
Council Member Chew asked how this budget compared to the budget
last year.
deBurgos replied it had increased approximately $2,000.
Mayor Castleberry asked about the money from Historical Society.
deBurgos stated that the money had not been received and the Museum
did not anticipate receiving any money this year.
Council Member Smith asked about the educational aspect of the
Museum.
deBurgos replied that the children's outreach program was still in
process and was well received.
Herbert Holl, Greater Denton Arts Council, presented highlights of
programs and services for the past year. Over 4300 visitors and
users had been at the Center for the Visual Arts which was a 10%
increase over the past year. The renovation plan of the Campus
Theater was a major accomplishment of the year. This year had a
successful "On My Own Time" program which had 11 participating
firms. Another success was the City's improvement of the Steam
Plant property. The budget had finished in the black as it had for
the past five years. There was an increase in business memberships
and contributions. $20,000 was committed for grants to arts
organizations. Community programs included Festival of Carols and
Artist in Residency programs which would continue. The budget had
been presented in the Council back-up. The.qouncil had projected
$59,000 for hotel/motel tax funds. All of the funds would be used
for salaries. The budget reflected a gross basis which meant that
they operated on a cash basis.
Council Member Chew asked how many full time employees were at the
GDAC.
Holl replied that there were three full-time employees which were
reflected in the budget and a part-time receptionist whose salary
the Council was not responsible for.
Bob Powers, North Texas Fair Association, stated that the grounds
of the Fair had improved as they had purchased a tractor. New
restrooms had been installed and the old restrooms were being
refurnished. All of the buildings were being painted and new
plants had been installed at the front of the grounds. The grounds
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July 21, 1992
Page 4
were used almost every weekend. Bids were being taken to insulate
the walls to help with the heating and cooling of the buildings.
The budget was basically the same as last year. Printing had
increased. Travel and advertising was the same and postage had
decreased slightly. Office equipment had increased $500 in order
to update the office computer. Income last year was $288,347 and
total expenses were $265,367.
City Manager Harrell stated that the Fair had had a profit of
approximately $20,000 in beer sales from 1987-1990. In 1991, there
had been a loss of $1300.
Powers stated that prior to last year, the Fair had to get a picnic
license to sell beer on the grounds. In 1991, they obtained a
separate license through a separate corporation. In January 1992,
$25,000 was transferred from Denton Fair, Inc. to the Fair.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Chew, Perry, Smith and Miller.
ABSENT: Council Member Brock
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Council Member Brock joined the meeting.
2. The Council considered approval of the minutes of the Work
Session of June 30, 1992.
Smith motioned, Hopkins seconded to approve the minutes as
presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Presentation of Yard of the Month Awards and Xeriscape Lawn
Winners.
John Cooper, Chair-Keep Denton Beautiful Board and Mayor
Castleberry presented the awards to:
Mrs. George Piott
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Page 5
Mrs. Edward Velayos
B. J. Cramer
Helen Mulvey
Citizen Reports
A. The Council received a citizen report from Carl Young
regarding a community social report.
Mr. Young stated that he represented a newly formed group, the
Black Leadership Coordinating Council. This group was made up of
members of the National Association for the Advancement of Colored
People, the Southeast Denton Ministerial Alliance, the Concerned
Parents Organization, the American Legion, and the Denton County
Vietnam Veteran Association. In addition, the League of United
Latin American Citizens and the University of North Texas Students
Association supported the cause. The Council was asking the City
Council to redistrict Denton to create a 6-1 or 6-2 district. All
City Council members would be elected by single member districts
with the Mayor elected at-large. This would reduce the cost for
running for City Council which would allow minorities and low
income individuals to participate in City government. The people
were asking the Council to create a police review board with
subpoena power. The current system did not work fairly for
students and minorities. A review board would allow for a check
and balance system to operate and promote better cooperation among
the Police Department, the minorities, and the student communities.
There was a need to increase the awareness for the need for more
minority hiring and promotion within the City. The history of
minority employment in the City government was poor. Increased
awareness by the City Manager and City Council would help with the
hiring of minorities. The Police and Fire Department did not
encourage minorities to apply for positions. He felt that the
Council meetings should be televised.
5. Consent Agenda
Mayor Castleberry indicated that Item C.1. would be pulled as there
had been a request from a citizen to address that item.
Mayor Pro Tem Hopkins asked that Item B.1. be pulled for separate
consideration.
Chew motioned, Smith seconded to approve the Consent Agenda with
the exception of Items B.1. and C.1.
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Consent.Agenda
ae
Bids and Purchase Orders:
1. Bid #1390 - Warrant Collection Service
2. Bid #1393 - Batteries (Auto & Equipment)
3. Bid #1394 - Irrigation Material
4. P.O. #25661 - Motorola
The Council considered Item B.1.
Bob Nelson, Executive Director for Utilities, stated that the hydro
project had been completed. There were some items due to field
conditions which needed an increase in the contract amount. The
six items included (1) work done by Eby at the Lewisville project
when the power house was flooded and turbines needed to be removed
for reconditioning; (2) bar screens were added to allow fish to
move through the turbines; (3) changes to the lube system, stoplog,
and scrubbers to pressure switch and orifice plate on runner seal;
(4) inspection time for penstock for any debris, (5) repair to stop
soil erosions due to high water releases and (6) a deduction in the
contract when the City helped install an air switch on the
substation.
Hopkins motioned, Perry seconded to approve the Item B.1.. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Consent Agenda
Be
Change Orders
1. Change Order #7 to Martin K. Eby, P.O. #97167
The Council considered Item C.1.
Mayor Castleberry indicated that Willie Hudspeth had requested to
address Council! on this item.
Willie Hudspeth stated that he owned the property near where the
proposed elementary school would be built and had donated the land
to the School District. He was concerned about a tree in the area
which was due to be cut down. He was trying to save the tree by
asking the District to go around the tree to the north. He had
been told that that could not be done. The tree was approximately
30 years old and 50' tall. He had been told by the city that there
was nothing he could do to save the tree. He asked the Council to
help him save the tree.
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Council Member Chew stated the Council could not do anything due to
state law.
Lloyd Harrell, City Manager, stated that the Council did not have
the discretion to disapprove a plat if it met the City's
Subdivision Regulations.
Frank Robbins, Executive Director of Planning, stated that the DISD
had selected this site for a new elementary school. It was a
difficult site as it had multiple owners and the shape of the
property was very difficult. The building and parking lot had been
moved to accommodate the site. He detailed the site by lots. A
proposed driveway would require the removal of the tree. The
driveways did not have to be in the lot lines. The driveways could
be conveyed through each other by easements. The thought behind
the activity had been to enable the existing development to have
access,.to have a site which could be developed, to provide access
to adjoining property and to provide access along the north which
would provide opportunity to protect as many trees as possible.
Council was not deciding what to do with the driveway at this
meeting. Robbins presented various options for the layout Of the
driveway and surrounding area. Subdivision regulations required a
buildable site for the school and the site met those requirements.
The Council would have an opportunity to deal with the driveway
issue when ALICO presented a request for rezoning to redefine the
boundaries of their planned development. Where a drive to a planned
development would go would be an issue which might be addressed in
a planned development.
Council Member Brock asked how the tree preservation ordinance
applied in this case.
Robbins replied that the tree would require a tree removal permit
and staff would issue that permit. It would be a consequence of
the driveway permit for ALICO.
City Manager Harrell asked if there was a provision for the removal
of protected trees for consideration through the Planning and
Zoning Commission.
Robbins replied no that it was a staff decision.
Council Member Perry asked if staff had any indication from the
involved parties if arrangements could be made to save the tree.
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Robbins replied that staff continued to meet with all the
interested p~rties. Another alternative was to cut down the tree
but plant more trees to the north to provide more buffer to the
north.
Council Member Chew asked that staff negotiate with the parties to
try and save that particular tree.
Hudspeth stated that Robbins had worked on a compromise agreement
which was agreeable to him but not to the DISD. He indicated that
he would continue the fight for the tree.
Mayor asked the City Attorney for comment regarding the Council
passage of a plat.
Debra Drayovitch, City Attorney, stated that the Council was
considering the preliminary plat which was governed by the
ordinance restrictions. There was no legal action, regarding this
plat, which the Council could lawfully take at this time.
Miller motioned, Brock seconded to approve the plat. On roll vote,
Brock "aye", Miller "aye", Hopkins "aye", Smith "aye"; Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Ce
Plats and Replats
1. Considered the preliminary replat of 20.2 acres of
land proposed as Lots 1, 2, 3, and 4, Block A,
Minter Addition. The site was proposed for the
construction of a new elementary school and was
north of Morse Street and east of Newton Street.
(The Planning and Zoning Commission recommended
approval, 5-0, at its July 8, 1992 meeting.)
6. Ordinancesl
A. The COuncil considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies, or services. ( 3.A.1. - Bid #1390; 3.A.2. - Bid
#1393; 3.A.3. -~ Bid #1394)
The following ordinance was considered:
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NO. 92-116
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 FORAN EFFECTIVE DATE.
Smith 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.
B. The Council considered adoption of an ordinance
authorizing the execution of Change Order No. 7 to a contract
between the City of Denton and Martin K. Eby Construction Co.,
Inc.; and providing for an increase in the contract price. (3.B.1.
- P.O. 97167)
The following ordinance was considered:
NO. 92-117
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 7
TO A CONTRACT BETWEEN THE CITY OF DENTON AND MARTIN K. EBY
CONSTRUCTION CO., INC; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
Smith 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.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which were available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids. (3.A.4. - P.O. #25661)
The following ordinance was considered:
NO. 92-118
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.
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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.
D. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (Bid #1338 - Pecan Creek Wastewater
Treatment) (The Public Utilities Board recommended approval.)
The following ordinance was considered:
NO. 92-119
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance.
Bob Nelson, Executive Director for Utilities, stated that in 1989
a wastewater master plan indicated that the permit for the plant
was due to expire and some adjustments would be necessary to meet
new state and EPA requirements. At that time, it was estimated
that the cost for permit compliance to 15 MGD would be $17.4
million and $7.3 million for sludge handling and disposal or a
total cost of $24.7 million. State requirements at that time
downgraded the City's 12 MGD plant to an 8 MGD plant. The City
awarded a contract to Alan Plumer to study the design of the plant
and uprating of the present facilities. They demonstrated to the
Texas Water Commission that the plant was run better than their
"rule of thumb"~ The uprating increased the plant capacity from 8
to 13 MGD. The existing landfill provided a co-disposal option.
Gracon construction was the low bidder for this project and had
good experienceworking with the City° They had a mistake on their
bid and left out some instrumentation but indicated that they would
hold to their original bid.
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 providing
for designation and marking of parking spaces pursuant to Section
18-96 of the Code of Ordinances of the City of Denton; amending
Section 18-109 to provide for designation of parking spaces for
exclusive use of disabled persons on public property; providing for
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July 21, 1992
Page 11
a penalty not to exceed $200 for violations thereof; repealing all
ordinances in conflict herewith; providing for a saving clause; and
providing for publication. (The Traffic Safety Support Commission
and the Downtown Advisory Board recommended approval.)
Mayor Castleberry indicated that Joe Dodd had indicated that he
would like to address the Council on this item.
Mr. Dodd stated that none of the merchants who attended the same
meeting he had attended regarding the parking proposal were in
favor of four hour parking. A compromise had been discussed which
would have included half hour parking slots. A help would be to
encourage consistent vigorous enforcement of the parking rules. He
asked the Council to consider who the ordinance would favor. It
would help the handicap and would not help the taxpayers. It would
not help the merchants or customers. It would benefit a few
workers, on the Square who had been for years breaking the current
law and would now make them legal without changing their habits.
Jerry Clark, City Engineer, stated that the issues were developed
by a cooperative effort with City staff, the Downtown Association,
Main Street, the Downtown Parking Committee, and the Traffic Safety
Commission. Approximately forty more parking spaces had been added
due to a change to 45 degree parking. This was not a negative
effect on the parking on the Square. The corner of Oak and Elm
added approximately 6 spaces and Elm and Hickory added more new
spaces due to the angle parking. It was proposed to eliminate four
spaces on the corner of Hickory and Locust so as to allow the
alignment of the traffic lanes.
Lloyd Harrell, City Manager, stated that the ordinance did not deal
with the area of Hickory and Locust as far as defining it to two
hour or four hour parking. If Council desired to retain the four
spaces, an amendment would be made to the ordinance adding that
block at a later date.
Mayor Castleberry felt that those four spaces should remain.
Council Members Smith, Brock and Chew agreed that the sDaces should
be retained.
Mayor Pro Tem Hopkins felt that the four hour parking spaces were
too long a time period for people to park on the Square. She did
not agree with the four hour parking time limit on the Square.
Mayor Castleberry asked if the ordinance could be amended to keep
the parking spaces and have two hour parking on all spaces.
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Council Member Brock asked how many four hour parking spaces were
proposed.
Clark stated that staff did not develop four or eight hour parking
in the area. It was a consensus of individuals on the Square due
to the fact that enforcement was a major problem in the area.
Mayor Pro Tem Hopkins stated that a commitment was needed to
enforce the time limits or the Council did not even need to bother
with the ordinance.
Clark indicated that perhaps a "boot" could be placed on cars
rather than tow to help enforce the time limits.
City Attorney Drayovitch stated that an ordinance was being
prepared to impound or "boot" repeat violators of the parking
ordinance in that area. Administrative functions must be dealt
with in order to enact such an ordinance. Probable cause must be
established in order to issue warrants for the parking violations.
Clark stated that one of the major improvements to the Square was
that all corners were made handicapped accessible. The handicapped
spaces would be moved to the end of each block. The spaces were
"downstream" which was very safe for the users of those spaces.
Jane Biles, Main Street Manager, stated there was a parking
management problem as opposed to a parking space problem. There
were over 1000 spaces in the area which was more than adequate for
the area. Various time limits had been discussed in regard to this
ordinance. The goal was to get people who worked on the Square to
get them to not park on the Square. The idea was that longer
parking off the Square would get people off the .Square for long
term parking. It was also an effort to encourage people to stay on
the Square longer and perhaps shop in the area. Enforcement was a
vital element.
Clark stated that loading zones had been discussed with businesses.
The zones were covered by a different ordinance and were not
addressed in this ordinance.
Council Member Smith asked if the office complexes had a parking
lot available to them like the Human Resources office had
available.
Biles replied most of the office complexes had a parking lot
-- available to them.
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Page 13
Council Member Perry asked how many four hour parking spaces were
being created.
Clark relied approximately 40.
Council Member Miller asked how many two hour spaces were being
changed to four hour spaces.
Clark replied approximately 20.
Biles stated that many Courthouse employees felt that they
considered themselves customers of the Square and had the right to
park on the Square.
Council Member Perry felt that it was difficult to find parking
spaces on the Square. Spaces could be found off the Square but not
on the Square. He did not hear a solution to the problem.
Clark replied that the ordinance provided more parking spaces and
an effort to have longer parking off the direct Square. This was
a first step and changes could be made later to reduce the four
hour spaces to two hour spaces. A compromise was needed to begin
the process. Discussions with the merchants in the area indicated
that compromise was needed so as to start the process.
Mayor Pro Tem Hopkins stated that she could not support the four
hour parking spaces so near to the Square. Enforcement was
necessary. She disagreed with the hours of parking but not with
the parking plan.
Clark replied that the four hour spaces were in front of
consultation businesses which required a longer time for business.
Council Member Miller stated that citizens had considered this
issue over the last year and could be dealt with in steps. The
first step was to pass the proposed ordinance. Enforcement was the
next step. Many of the four hour spaces were now unlimited
parking.
Council Member Brock stated that the spaces were not more than a
block away from the Square and most were only a half-block away.
She did not feel that steps would be possible as people would
become accustomed to the four hour parking and then not be able to
change to the two hour.
Council Member Smith asked what was the advantage to limiting the
parking to four hours at the unregulated spaces.
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Biles stated that it would provide regulations for the area.
Mayor Castleberry summarized the Council's direction stating that
Council felt that the four parking spaces on Stuart Title would
remain, there would be no four hour spaces only two hour spaces and
a future ordinance would provide enforcement for the time limit.
The following ordinance was considered:
NO. 92-120
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR
DESIGNATION ANDMARKING OF PARKING SPACES PURSUANT TO SECTION
18-96 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON;
AMENDING SECTION 18-109 TO PROVIDE FOR DESIGNATION OF PARKING
SPACES FOR EXCLUSIVE USE OF DISABLED PERSONS ON PUBLIC
PROPERTY; PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR
VIOLATIONS THEREOF; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to amend the Section III of the
ordinance by substituting "two hours" for four hours. On roll
vote, Brock "aye", Miller "nay", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
F. The Council considered adoption of an ordinance amending
provisions of Ordinance No. 87-135 providing for changes in the
Appliance Rebate Program. (The Public Utilities Board recommended
approval.)
Richard Foster, Public Information Coordinator, stated that the
present program was established in August of 1987. The proposal
would reflect current standards for minimum efficiency and the
amount of rebate would be slightly increased.
The following ordinance was considered:
NO. 92-121
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PROVISIONS
OF ORDINANCE NO. 87-135 PROVIDING FOR CHANGES IN THE APPLIANCE
REBATE PROGRAM; AND DECLARING AN EFFECTIVE DATE.
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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.
G. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Upper Trinity Regional Water District for water
treatment and transmission services; and authorizing the
expenditure of funds as provided in said agreement. (The Public
Utilities Board recommends approval.)
Bob Nelson, Executive Director for Utilities, stated that items 6G
and 7B were related. Denton had originally planned to build its Ray
Roberts water treatment plant and sell up to 49% of it to the Upper
Trinity Regional Water District. However, the District needed 68%
of the plant. Denton was willing to sell the 49% share and lease
the use of the remaining share for a period of time. The District
felt that if they were essentially paying the costs on 68% of the
plant, they wanted provisions in the contract that gave them some
control over the operating costs. Their proposal was to have veto
power over the Council with respect to the operating budget and to
some extent, the capital costs of the plant This provision was
unacceptable to the Council. Denton then repositioned itself and
withdrew its offer of joint water plant participation and instead,
offered to sell wholesale raw water and water treatment and water
transmission services to the District. Denton's Austin water
attorneys were directed to draft the two appropriate contract
documents. These contracts were written with a good amount of
legal terms and a tone reflecting Denton's authorship. The
District felt that it would be better if the tone of the documents
were somewhat neutralized. On April 22, 1992, the Public Utilities
Board reviewed these documents and approved the contracts subject
to legal review. There were two terms for the contracts - an
initial term and a primary term. The initial term, as the water
was treated, had a fixed cents per gallons treated. The
transmission for the initial term was 10 cents per thousand
gallons. The primary pricing was the same as the Texas Water
Commission rate standards which included the operation and
maintenance costs, the return on investment, a 4% street rental fee
on the gross and depreciation. Corinth and Lake Cities Municipal
Utility Authority would be transferred after June '94 or when the
District had pipe lines to service the area. One of the issues was
that Denton was providing full service to Corinth and LCMUA which
indicated that there was reserve for customers. The price for that
water was higher than if only surplus capacity was being sold. The
rate to the District would be lower than the revenues from Corinth
and LCMUA. The difference was the amount which would be sold.
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July 21, 1992
Page 16
Rates would be phased so as to not have an adverse effect on
Denton's customers. There was a possibility of participating in a
line to Sanger and to provide transportation of water to selected
peripheral locations of the Denton system. There was also an
opportunity to buy surplus treatment capacity from the District on
the same basis. Denton would agree to transport up to 4.5 MGD of
the District's water across Denton's pipeline system. Nelson
stated that Denton would have adequate surplus for the District
until 1998. The contract was temporary and on an as available
basis. Denton's water rights were protected and priced at 85% of
Dallas' price. Denton had the right of first refusal to sell raw
water to the District which meant that as long as Denton had water
available' the District would buy it from Denton. The contract
allowed the district to bring in its Cooper Water. The term of the
contract was for 20 years with a 10 year extension possible.
Delivery of the water was out of Ray Roberts or Lewisville Lake.
The District would provide, treatment with a separate contract.
Possible revenue was estimated at $347,000 in '94, $423,000 in '95
and $588,000 in '96.
Mayor Castleberry asked what changes had been made to the contract
for transmission/treatment.
Nelson replied that when the participation agreement had been
discontinued, it was decided to sell the water. The Austin
attorneys wrote the contracts to represent Denton. The District
rewrote the contract and it was forwarded to the City.
Lloyd Harrell, City Manager, stated that once the revisions came
back, the Austin attorneys reviewed them so as not have anything
detrimental to Denton.
Nelson stated that many of the changes were clarifications and
tightening terms. These changes included definitions which were
changed that reflected additional terms listed within the body of
the contract and equitable restrictions which indicated that if
there were a major malfunction of the system and if Denton had to
hold back its customers, it would also hold back the District's
system. The well section had been worked on so as to read more of
a permissive allowance that Denton would use its wells if it felt
appropriate to do so but removed it from having any absolute
obligation to use the wells for the purpose of serving the
District. During the initial 6 years, no water would be
transported which had not been treated in the Denton system.
Minimum volume was reworded so as to clarify the amount of
treatment services that Denton would be providing to the District.
Delivery and metering was changed whereby the metering facilities,
vaults, etc., would be paid for by the District but would be
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City of Denton City Council Minutes
July 21, 1992
Page 17
dedicated to Denton. The water rights section had a section added
which stated that if any item in the contract was considered to
have any effect on Denton's water rights then the entire contract
was null and void.
Mayor Castleberry stated that according to the water rights
provision, Denton could not lose its water rights in any way.
City Attorney Drayovitch replied unless a Court determined that
that provision did not mean anything. The Austin attorneys were
comfortable with the language which was the state of the art
language.
Nelson continued with additional changes which included a provision
for long-term water transmission service. Wording was added to
clarify that Denton would provide up to 2.5 MGD of water
transmission services to Corinth and Lake Cities and if there was
ever any capital construction work in that section of Denton, the
District could participate or provide the funding for Denton in
order to oversize the line to increase the flow capability. Another
section clarified that the District would give notice of how much
water transmission service they would need and, if Denton had the
capability, they would transport it. The section on service to
Sanger was clarified so that it was clear the Denton could have the
option to participate in oversize of any pipeline the District
might want to extend along 1-35 toward Sanger. Minimum
transmission volumes clarified the amount of revenue flow. Rates
and charges indicated that a facility charge would be included in
the raw water contract. Another change in the area of charges for
long term transmission added depreciation expense for invested and
contributed capital as one of the expenses that would be charged
through to the District. Due diligence to meet all standards was an
issue when transporting water to Denton's system.
The following ordinance was considered:
NO. 92-122
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER
TRINITY REGIONAL WATER DISTRICT FOR WATER TREATMENT AND
TRANSMISSION SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS AS
PROVIDED IN SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance.
Council Member Miller asked if there was a provision for
improvements which the EPA might require.
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City of Denton City Council Minutes
July 21, 1992
Page 18
Nelson replied that it was not specifically addressed but could be
programmed in as a variable cost.
Mayor Castleberry stated that the contract stated "attest to legal
form" was for the Austin attorney's signature and should Denton be
included.
City Attorney Drayovitch replied that it could be added to the
contract to read "approved as to legal form".
Mayor Castleberry asked if she recommend it be here.
City Attorney Drayovitch stated that it did not changed the legal
responsibility but it could be added if the Council were more
comfortable with it.
Hopkinswithdrew motion and Perry withdrew his second.
Hopkins motioned, Perry seconded to adopt the ordinance and to have
the contract sent to the Austin attorney to have it signed as
"approved to legal form. 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 to the Texas Water
Commission an application for funding for a Household Hazardous
Waste Grant to fund the collection, handling or recycling of
certain household hazardous wastes; and authorizing the City
Manager to execute the grant agreement and assurances necessary to
effectuate the grant. (The Public Utilities Board recommended
approval.)
Bill Angelo, Director of Community Services, stated that staff was
requesting permission to submit a grant to assist in the
development of .programs dealing with the handling of hazardous
wastes. The City was paying a surcharge to the State to be used
for grants to communities. Another issue was that the grant was
not a commitment on the part of the City to spend any funds for
that purpose. A decision could be made once the grant was
received. The money was in the 1992-93 budget which the Council
would consider in the weeks, ahead.
-- The following resolution was considered:
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City of Denton City Council Minutes
July 21, 1992
Page 19
NO. R92-037
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO SUBMIT TO THE TEXAS WATER COMMISSION AN
APPLICATION FOR FUNDING FOR A HOUSEHOLD HAZARDOUS WASTE GRANT
TO FUND THE COLLECTION, HANDLING OR RECYCLING OF CERTAIN
HOUSEHOLD HAZARDOUS WASTES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE GRANT AGREEMENT AND ASSURANCES NECESSARY TO
EFFECTUATE THE GRANT; 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.
B. The Council considered approval of a resolution
authorizing the Mayor to e~ecute an agreement between the City of
Denton and the Upper Trinity Regional Water District for the sale
of raw water. (The Public Utilities Board recommended approval.)
City Attorney Drayovitch stated that the Council might want
included in a motion that the contract reflect a signature block
"as to legal form".
Mayor Castleberry asked if any changes had been made recently.
Nelson replied no that the contract had been set for some time.
The following resolution was considered:
NO. R92-035
A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER
TRINITY REGIONAL WATER DISTRICT FOR THE SALE OF RAW WATER; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned,. Smith seconded to approve the resolution with the
addition of a legal form block. 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
nominating a member to the Board of Managers of the Denco Area 9-1-
1 District.
City Manager Harrell stated that every year the City had an
opportunity to elect a board member to represent the cities in
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July 21, 1992
Page 20 .~
Denton County to the 9-1-1 Board. Mr. McGrane's term had expired
and each city had the opportunity to vote for a member on the
Board. Mr. McGrane was available for service if that was the
desire of the cities. If Council so desired, a name should be
inserted in the resolution.
The following resolution was considered:
NO. R92-039
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE
DATE.
Hopkins motioned, Chew seconded to nominate John McGrane to the
Board. 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 formally
adopting names for certain City facilities~
Mayor Castleberry stated that this was the committee recommendation
to the Council.
City Manager Harrell stated that the 'Committee was comprised of
Mayor Pro Tem Hopkins, Council Member Smith, the Mayor and the City
Manager. The recommendation was ~three fold. The first was that
the area which was now the Civic Center Park be named the O'Neil
Ford Civic Complex. Buildings within that complex included the
Emily Fowler Library, the Denton Senior Center, the Civic Center
Pool, the Civic Center and City Hall. A suggestion had been made
that the Civic Center be changed to Civic/Convention Center which
would assist with hotel/motel tax arrangement. The former Moore
complex would be named the Denton Municipal Complex and the current
Police building would be named City Hall West.
Brock asked if .the Service Center would remain the same.
Harrell replied correct.
The following resolution was considered:
NO. R92-040
A RESOLUTION OF THE CITY OF DENTON, TEXAS, FORMALLY ADOPTING
NAMES FOR CERTAIN CITY FACILITIES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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City of Denton City Council Minutes
July 21, 1992
Page 21
Council Member Brock indicated that there was an typographical
error in the resolution and asked for a correction.
Smith motioned, Chew seconded to approve the resolution with the
needed correction and to include the addition of "convention" to
the Civic Center. On roll vote, Brock "aye", Miller "aye", Hopkins
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
8. The Council held a discussion and made a recommendation to the
Texas Department of Transportation on proposed changes to U. S.
Highway 377 (I35E to F. M. 1830) widening plans.
Rick Svehla, Deputy City Manager, stated that several months ago
there was a public hearing on this issue. There were four major
questions that came from that meeting which included school
bus/mail delivery, large trucks and concern on direct access
particularly at Roselawn. The Highway Department had looked at
options to help solve those questions. School buses and mail
delivery would be facilitated by building a six lane facility with
the road being designated as a four lane facility. The outside two
lanes would be used for buses and mail delivery. The proposal to
accommodate large trucks was that south of the railroad bridge
there would be a continuous left turn lane. This would allow large
trucks to access into Acme, Fulton's Supply and T & M Cabinets.
North of the bridge, a raised median would be built. Staff
concurred with this configuration for safety reasons. Several
driveway/median openings would be made to facilitate large truck
movements to Payless, the Nichols property, Caruthers Oil Company
and G & G Tractor. There was a concern from the businesses on
Roselawn on how it would be built and the amount of right-of-way
being taken. The Highway Department had not looked totally at this
area. There may be a way to cul-de-sac Roselawn and not take it
into Fort Worth Drive. This would eliminate the need for entering
Fort Worth Drive and allow businesses straight-in access to Fort
Worth Drive. Since the designs were preliminary, staff was
suggesting that Council approve the preliminary designs and at the
same time send.a letter to the business along Fort Worth Drive
regarding the changes. A second letter would be sent when the
plans were available.
Perry motioned, Smith seconded to follow the recommendation of the
staff. On roll vote, Brock "aye", Miller "aye", Hopkins "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
9. Miscellaneous matters from the City Manager.
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City of Denton City Council Minutes
July 21, 1992
Page 22
City Manager Harrell did not have any items for Council.
10. Official Action on Executive Session Items
This item was not considered at this time.
11. New Business
The following items of New Business were suggested by council
Members for future agendas:
A. Council Member Perry asked for a work session item on the
requirements for speakers at public hearings and on other agenda
items.
B. Council Member Smith stated that she appreciated the
uniformed police officer in the Chambers and felt it was a good
idea. Council Members Chew~and Brock agreed and suggested having
an officer on a continued basis.
12. The Council convened into the Executive Session to discuss
legal matters (considered offer of Bolivar Water Supply Corporation
in connection with its application to the Texas Water Commission to
amend its Certificate of Convenience and Necessity), real estate
(considered purchase of 1.83 acres on Spencer Road across from the
City of Denton Power Plant), and personnel/board appointments
(considered appointments to all City of Denton Boards and
Commissions, received and considered legal advice regarding
affirmative action hiring for certain, classes of City employees,
and received and considered legal advice on qualifications for
members of City boards.)
The Council convened into open session and took the following
action:
A. Miller motioned, Hopkins seconded to appoint the
following individuals to City of Denton Boards and Commissions. On
roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Airport Advisory Board
Jim RisSer - reappoint
Nancy Hundley - reappoint
Allie Miller - reappoint
John Dulemba - reappoint
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City of Denton City Council Minutes
July 21, 1992
Page 23
Board of Adjustment
Marcia Staff - reappoint
John Baines - reappoint
Buildinq Code Board
Isabel Miller - reappoint
Greg Muirhead - reappoint
Steve Knaitt - reappoint
James Fykes - new alternate
Bob George - new alternate
Cable T. V. Advisory Board
Susan McGuire - reappoint
John Kuiper - reappoint
Candice Liepa - new
Citizens Traffic Safety Support Commission
John Erwin - reappoint
Carl Guess - reappoint
George Kay - reappoint
Eric Jackson - new
Edna Redmon - new
Community Development Block Grant Committen
Rey Trejo - reappoint
Fred Hill - reappoint
Curtis Ramsey - reappoint
Joann Davila - new.
Peggy Fox - new
Data Processinq Advisory Board
Robert Minnis -ireappoint
Brian Scott - reappoint
Rosa Lawton - new
City of Denton City Council Minutes
July 21, 1992
Page 24
Downtown Advisory Board
Fred Patterson - reappoint
Herbert Holl - reappoint
Rhana Raney - reappoint
Barbara Phillips - reappoint
Sharon Jeffries - reappoint
Dean Cochran - new
Electrical Code Board
John Hardinger - reappoint
Janet Salazar - new alternate
Historic Landmark Commission
John Kimmey - reappoint
Joe Bailey - reappoint
Mary McCain - reappoint
Human Services Committee
Sandy Kristofersen - reappoint
Jim Bezdek - reappoint
Terry Garrett - reappoint
Lawrence Cochran - new
Keep Denton Beautiful Board
Gertrude Gibson - reappoint
J. B. Smallwood, Jr. - reappoint
Bill Watson - new
Sherrie Etheredge - new
Betty Kimble - new
David Boston - new
Library Board
Jean Schaake - reappoint
Kathy Pole - new
Kjell Johansen - new
Parks and Recreation Board
Tom Judd - reappoint
Loyce Wilson - new
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City of Denton City Council Minutes
July 21, 1992
Page 25
Planninq and Zoninq Commission
Jim Engelbrecht - reappoint
Katie Fleming - new
Plumbinq and Mechanical Code Board
Richard Cooper - reappoint
Jeff Peploe - reappoint
Millard Heath - new
Ted Lewellen - new
Public Utilities Board
Lillie Clark - new
J. W. "Bill" Giese - new
Sign Board of ADpeals
Mike Wiebe - reappoint
Harry Eaddy - reappoint
Ann Houston - new
Tony Soto - new
TMPA Board of Directors
Tom Harpool - reappoint
With no further business, the meeting was adjourned.
TNY~E~WALTERS
Y SECRETARY
TY OF DENTON, TEXAS
BOB CASTLEBERRY, MAYOR/
CITY OF DENTON, TEXAy
ACC000A6