Minutes September 15, 19921
CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 15, 1992
The Council convened into the Work Session at 5:15 p.m.
Civil Defense Room.
in the
PRESENT:
ABSENT:
Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Perry, Smith and Miller.
Council Member Chew
1. The Council convened into the Executive Session to discuss
legal matters (considered intervention in Dallas County Park Cities
MuniciPal Utility District v. City of Dallas and City of
Grapevine), real estate, and personnel/board appointments
(considered appointments to the Downtown Advisory Board, the
Electrical Code Board, and the Animal Shelter Advisory Committee).
Council Member Chew joined the meeting during the Executive
Session.
2. The Council received a report and held a discussion regarding
the Ray Roberts Greenbelt and gave staff direction.
Howard Martin, Director of Environmental Operations/Financial
Administration, stated that staff was requesting Council input
regarding the greenbelt project and consensus to continue with the
project. The City was contractually obligated to provide
recreational facilities for the Ray Roberts water supply project.
These obligations required recreational facility development at
Lewisville because of the pool raise authorized by the Ray Roberts
project. The Greenbelt Corridor was an alternative to additional
recreation facility development at Lewisville. If approved by
Council, a letter of intent would be sent to the Army Corps of
Engineers which would initiate the necessary contract negotiations
required for the Greenbelt Corridor development.
Mayor Pro Tem Hopkins asked if these were the.funds promised in the
development of the lake to fund for Ray Roberts and if not used for
this purpose, the funds would go to Lewisville Park.
Martin replied that the City had additional conventional facility
development requirements on Lewis¥ille. The greenbelt was an
alternative to additional conventional facility development at Lake
Lewisville. Funding for the Greenbelt project was initially
established at 25% Texas Park and Wildlife, 37.5% Federal
Government, 27.5% City of Dallas and 9.75% City of Denton. In
October 1992, the Texas Park and Wildlife Department notified the
cities of Denton and Dallas that they would no longer participate
in their share of the up-front capital cost of the project. That
left the sponsors with the responsibility of all of the non-federal
~h~re of the money. Th~ three major i~u~ affecting the Greenbelt
Corridor project were (1) the cost sharing arrangement for the
project was established by the Water Resource Development Act of
City of Denton City Council Minutes
September 15, 1992
Page 2
1990 at the 62.5% non-federal share and 37.5% federal share, (2)
the issues with the Texas Park and Wildlife Department would not
finance the capital or the operation and maintenance of the
Greenbelt Corridor project, and (3) the Office of Management and
Budgets indicated that the federal government would not provide up-
front funding. The City of Dallas had already committed to the
project but Denton had not as it was trying to influence
legislation which would reverse the cost share from 62.5%/37.5% to
a 50%/50% cost share. Legislation had been introduced and the bill
was out of committee but not yet approved by the Legislature.
Another issue was the up-front funding. Martin had received some
verbal confirmation from the Army Corps of Engineers indicating
that they agreed with the City's position that the greenbelt was a
modification to an existing recreational contract and should follow
the funding mechanism of all the other recreational facilities
which the Federal Government had required of the sponsors. The
Army Corps of Engineers felt that they had a very strong case to
convince the Office of Management and Budget to follow that same
funding mechanism. The City had received verbal indication that
the Corps would support that position to the Office of Management
and Budget. They indicated that they would not support the cost
share position. If the Corps would support the up-front funding
issue, two of the three issues were dealt with. The third issue
had nothing to do with the Corps. The Texas Park and Wildlife
Department agreed to operate and maintain the greenbelt at the
City's expense.
Council Member Perry asked if with operation and maintenance the
City would be allowed to use revenue from other sources and use it
in the greenbelt.
Martin replied that the City had received verbal approval for that.
Rick Svehla, Deputy City Manager, stated that if the City had to go
to Lewisville, it would have to spend some up-front money. By the
time the City finished the operation and maintenance costs'over the
length of the life of the project, more money would have been spent
than the up-front money on the greenbelt.
Martin ~ta~d that o~iginally DentQn'~ ~hure under the cost share
percentages was approximately $890,000 of up-front costs. When the
State backed out, that left $2.3 million to split between Dallas
and Denton. That upped Denton,s share to $1.4 million. It was felt
that the legislation which had been introduced would revert back to
a 50%-50% cost share and make City's cost $1.2 million.
Council Member Miller asked for the time frame for conitment. ]
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City of Denton City Council Minutes
September'15, 1992
Page 3
Martin replied that the Corps would have liked a commitment in
February of 1992.
Council Member.Miller asked which fund the capital investment came
from.
Martin replied that it would come from utility funds, specifically
water.
Council Member Miller asked what Dallas had done relative to this
issue.
Martin replied that Dallas was already committed to 74% of the
project.
Mayor Pro Tem Hopkins indicated that the City would be acquiring
property rights when the project was started. The citizens along
creek were promised that the City would not take their property.
She expressed concern over taking property in the area.
Martin replied that there would be a narrow band of property to
acquire and in some places would only be 500' wide. The property
which the City would buy was a very small amount and would contain
facilities such as trails and camping. Some areas would be a
buffer zone which only restricted building structures and was an
ecological easement.
Mayor Pro Tem Hopkins asked for the size of the buffer zone. Homes
would not be disturbed for camp grounds or similar facilities.
Martin replied no that in some cases the zone would be only 500
feet wide.
Consensus of the Council was to proceed with the plan and send a
letter of intent to Army Corps of Engineers to participate in the
project.
3. The Council received a report and held a discussion regarding
a petition to release the Bridges-Hemphill Escrow Agreement for
perimeter paving and gave staff direction.
Jerry Clark, City Engineer, indicated that a request had been made
to be released from a perimeter paving escrow account prior to the
time that it was originally agreed to be released. The 220 feet of
frontage was required to be perimeter paved and could have been
done either when the d~v~lopm~nt wa~ done ~ could have been
postponed if a CIP program had been planned. At that time Masch
Branch Road was in the CIP. Five years ago when the property was
City of Denton City Council Minutes
September 15, 1992
Page 4
platted, the participants were required to sign an escrow agreement
for $10,000. They agreed what when the road was completed, they
would participate in their share of the cost. The participants
were now requesting to be released from the escrow account. Since
the time that the escrow was originally signed, the ordinance had
been revised to indicate a five year time frame as opposed to a ten
year time frame. Staff felt that it was a Council decision on
whether or not to release the escrow agreement. Masch Branch Road
had been in the CIP but had since been removed and was not in any
planned improvements for the next five years. It did not appear
that Masch Branch Road would be improved without a special
assessment. Current ordinance requirements indicated that if after
five years the City did not do the perimeter paving and used the
escrow money, the money should be released. The prior ordinance
had a ten year time period. Staff did not know if Council wished
to refer the matter to the Planning and Zoning Commission and then
back to Council or to handle the matter on the Council level.
Council Member Chew asked if the escrow agreement had been done
under the old ordinance which required a 10 year limit.
Clark replied correct.
Mayor Pro Tem Hopkins indicated that the City did not have the
project in any five year plans.
Deputy City Manager Svehla stated that unless City came into a lot
of money in the next years, Masch Branch Road would not be done.
Mayor Pro Tem Hopkins felt that the escrow should be released.
Council Member Smith agreed.
Council Member Chew agreed but questioned if it should go through
proper channels and first go to the Planning and Zoning Commission.
Deputy City Manger Svehla stated that an ordinance voiding the
contract would be the quickest way to proceed.
Consensus of the Council was %o proceed with an ordinance to
release the escrow agreement.
The Council convened into the regular session at 7:00 p.m. in the
Council Chambers.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
City of Denton City Council Minutes
September 15, 1992
Page 5
5
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of August 4, 1992, the Work Session of August 11, 1992, the
Regular Session of August 18, 1992, and the Work Session of August
25, 1992.
Miller motioned, Smith 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.
3. Citizen Reports
A. The Council received a citizen report from Mrs. Cecil
Baugus regarding a Neptune Street Neighborhood Thank-you.
Mrs. Baugus stated that she would like to say thank-you to the
Council and staff for all the work done with the neighbors and the
Texas Department of Transportation regarding construction on the
new Loop 288. The neighborhood had found out that Loop 288 would
be close to their homes without warning. After many meetings and
much paperwork, they had received their end results. A sound wall
would be built for noise and traffic safety. She read a letter,
which was added to the agenda back-up materials, from the Neptune
Street residents thanking all for their help to resolve their
problems.
4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance approving an amendment to Planned Development No.
65 and adopt a new Detailed Plan, changing the primary land use
designation within the existing subdivision from duplex/zero-lot-
line to single-family residential. The 15.27 acre site was located
south and east of Sam Houston School, approximately 100 feet west
of F.M. 2181. (The Planning and Zoning Commission recommended
approval.) Z92-021
Rick Svehla, Deputy City Manager, stated that staff briefing would
include Items 4A and 4B.
Frank Robbins, Executive Director for Planning, stated that the
site would remain a planned development district. The change
within that plannQd dQv~lopm~nt di~t~i~ w~uld b~ ~ ~han~e a
number of duplex and zero-lot line lots to single-family detached
residential houses. The density and intensity were being greatly
City of Denton City Council Minutes
September 15, 1992
Page 6
reduced. This was a mixed-use development and some of the lots
would not be changed. The Planning staff and the Planning and
Zoning Commission had waived showing the detailed foot prints of
the houses which was the normal procedure. The envelope of those
buildings were laid out as shown by different setbacks from the
front and rear sides. The plat would create the lots for the uses
requested. The Planning and Zoning Commission recommended approval
of the plan and the plat to Council.
The Mayor opened the public hearing.
Harry Phillips, one of the petitioners, spoke in favor of the
proposal. He stated that the property was originally designed as
duplexes. It was decided that this type of home would not work in
Denton as the market seemed to lean toward single family homes. He
was comfortable that this project would be completed and asked
Council for approval.
Edmond Bri, petitioner, stated that the replatting would enhance
the property and would cut the density in half. He asked for
Council approval.
William Sims had completed a card to address the Council but
decided not to speak.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Perry asked to have the recreational area described.
Robbins indicated on a location map the area which would be
developed as a recreational area.
The following ordinance was considered:
No. 92-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
ADPROVAL OF AN AMENDED DETAILED PLAN FOR 15.271 ACRES OF THE
16.6 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT
ESTABLISHED BY ORDINANCE NO. 87-054 (PD-65); PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
September 15, 1992
Page 7
Brock 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 held a public hearing to consider approval of
the preliminary and final replats into Lots 2-7, 12-27, and 30-36,
Block 1, plus Lots 38-42, 45, 47, 48, 50 and 51, Block 2, of the
Bent Oaks Addition. The 12.4 acre site was south and east of Sam
Houston School, approximately 100 feet west of F. M. 2181. (The
Planning and Zoning Commission recommended approval.)
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Hopkins motioned, Smith seconded to approve the preliminary and
final replats. 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 to consider approval of
the final replat of Lot 3, Block A, Canyon Bluff Addition into Lots
3A, 3B, 3C, and 3D, Block A. The 14.249 acre site was in Denton's
extraterritorial jurisdiction, fronting on Orchid Hill Lane. (The
Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated this was the
final plat which Council had approved the preliminary plat on
August 18, 1992. The Council had also granted a variance to the
internal sidewalks. With that variance, the Planning and Zoning
Commission found that all the other elements of Chapter 34 had been
met and recommended the plat for Council approval.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
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City of Denton City Council Minutes
September 15, 1992
Page 8
Smith motioned, Hopkins seconded to approve the final replat. 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 held a public hearing to consider approval of
variances to Sections 37-7 (c) and 34-114 (llb) of the Subdivision
Regulations. The site was at the terminus of Chiquita Lane,
approximately 1000 feet east of Carmel Road. (The Planning and
Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that there
were two variances for Council to consider. He requested that
Council vote separately on each. The first variance was a
procedural variance which pertained to the requirement to submit a
variance application concurrent with a preliminary plat of the same
property. There was a request for a variance to that procedure.
The second variance concerned the construction of an 80 foot cul-
de-sac at the end of Chiquita. In regards to the first variance,
the Planning and Zoning Commission found that all three elements of
the variances had been met. The three variances and responses by
the Commission were: (1) granting this request would not violate
any master plans as defined by Chapter 34 of the Subdivision and
Land Regulations. The Commission found that no master plan was
violated; (2) the special or peculiar conditions upon which the
request was based related to the topography, shape or other unique
physical feature of the property. The Commission found that the
uniqueness of the request was the divided ownership of the land and
the fact that a plat of the land would vary depending on the
granting of a variance to Chapter 34 l14(llb) pertaining to the
construction of a cul-de-sac; (3) the special or peculiar
conditions upon which the request was based did not result from or
was not created by the owner's or any prior owners' action or
omission. Neither Dr. and Mrs. Kernek, nor a prior owner of the
land, created the need for this request. The Planning and Zoning
Commission found that Council should grant the procedure variance.
In regard to the second variance, the Commission felt that no
master plans would be violated and that the need for the request
was not created by the applicant. The Commission also felt. that
the l~ation of ~everal large trees and the large lot residential
character of the land created the uniqueness to the land. The
Planning and Zoning Commission recommended to approve the variance
with one condition which was to extend Chiquita 30 ~eet or provide
30 feet of frontage to be made to the existing lot
The Mayor ~pened the public hearing.
City of Denton City Council Minutes
September 15, 1992
Page 9
William Kernek was a resident of Chiquita. He was proposing to
build a home on a portion of the property he currently owned. He
was willing to extend Chiquita as far as necessary but was
concerned with the trees which might have to be cut down. The cul-
de-sac might be temporary as the other plans of the other land
owners were not known. The owner of the adjoining property had
agreed to sell part of his lot in order to complete the project.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Hopkins stated that she did not have a question
regarding the variances. She wanted to address a statement in the
Planning and Zoning Commission minutes which was made by David
Salmon. Mr. Salmon had responded to a question regarding access to
the property at the north other than by cul-de-sac. He had
responded that the property owner lived in the Southmont
Subdivision and his lot abutted the property. Hopkins indicated
that Mr. Grant had just completed his home in Southmont and lived
at the end of Destin. Staff had suggested that he could have
access to his property through that and that this was not
important. Destin could not be extended and that was not a public
street which would be extended into Mr. Grant's property. She
cautioned that when Mr. Grant sold the property that he maintained
the right of ingress and egress and an easement on the property.
Council voted on the procedural variance.
Miller motioned, Chew seconded to approve the procedural variance.
On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Council voted on the variance associated with the cul-de-sac
requirement.
Miller motioned, Chew seconded to approve the variance with the
condition outlined by the Planning and Zoning Commission. 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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City of Denton City Council Minutes
September 15, 1992
Page 10
5. Consent Agenda
Smith motioned, Hopkins 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:
4.
5.
6.
7.
6. Ordinances
Bid #1414 - Janitorial Service
Bid #1403 - Cast-In-Place-Concrete Platform and
Chain Link Fence
Bid #1412 - Payne & Peak Street Water and Sewer
Bid #1420 - Distribution Transformers
PO #26070 - North Texas Cement
PO #26724 - Temple
PO #26073 - American Management System
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1414)
The following ordinance was considered:
No.92-151
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
oomp~titive bid~ and providing for the award of contracts for
public works or improvements. (5.A.2. - Bid #1403, 5.A.3. - Bid
#1412, 5.A.4.- Bid #1420)
The following ordinance was considered:
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City of Denton City Council Minutes
September 15, 1992
Page 11
NO. 92-152
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.
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.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (5.A.5. - PO #26070, 5.A.6. - PO #26724)
The following ordinance was considered:
NO. 92-153
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; 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", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids. (5.A.7. - PO #26073)
The following ordinance was considered:
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City of Denton City Council Minutes
September 15, 1992
Page 12
NO. 92-154
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; 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.
E. The Council considered adoption of an ordinance adopting
the budget for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1992, and ending on September 30, 1993.
Mayor Pro Tem Hopkins motioned to reconsider the vote taken at the
work session last Tuesday, September 8 that denied a pay raise to
the police and fire departments men and women who were at the top
of their pay range and steps. Council Member Miller seconded her
motion. She read a statement regarding her motion which was filed
in the agenda back-up materials following the meeting.
Mayor Castleberry stated that six speaker cards had been received
but the individuals did not wish to address the Council. Comments
on the cards indicated that the individuals were opposed to the
proposed budget which did not allow for a pay increase for police
and fire employees at the top of their salary range.
Council Member Perry stated that he saw an inequity in the proposed
budget as he saw a reduction in pay due to the increase in health
benefits and he did not want to see that happen. He would support
Mayor Pro Tem Hopkins' motion.
Council Member Smith stated that she had previously voted to not
grant the increase. She understood the needs of the upper ranks
and that they needed an increase. The problem she believed was
that personnel matters for ranks and pay steps should come through
the usual channels where they hud been studied and worked on. She
wished this had been done through the usual orderly fashion with
study and figures. She believed Council was one of policy making
and not to set ranks and steps. She questioned the procedure of
how the increase was being proposed.
Council Member Miller felt that this was a diffioult procedure.
The Council was not going over management's authority but rather
the process was one related to the budget process. Management had
City of Denton City Council Minutes
September 15, 1992
Page 13
13
recommended no increases due to the present financial conditions.
Much information had been received during the budget process.
Because this was associated with the budget process he could agree
with the process. Policy was the work of the management staff but
budget was a part of the Council's work.
On roll vote of the motion to reconsider, Brock "aye", Miller
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
The following ordinance ~was considered:
NO. 92-155
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER l, 1992, AND
ENDING ON SEPTEMBER 30, 1993; AND DECLARING AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance adopting the
budget as presented reflecting a change adding $30,573 to the fire
and police budgets and reflecting the appropriate withdrawal from
the reserve balance.
John McGrane, Executive Director for Finance, suggested wording the
motion to amend Section II - General Fund appropriation to read
$28,321,592 which would reflect the change and to amend the Annual
Program of Services.
Hopkins revised her motion to reflect McGrane's suggestion as did
Chew for his second.
Council Member Miller stated that there were still employees in the
Civil Service ranks who were on a two year schedule and who were
not covered. To provide an increase for those employees would have
changed the whole Civil Service structure. Those individuals would
receive an increase at a later date.
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 levying
the ad valorem tax of the City of Denton, Texas, for the year 1992,
on all taxable property within the corporate limits of the City on
January 1, 1992, not exempt by law; providing revenues for payment
of current municipal ~p~n~, and for int~r~t and ~inkin~ fund on
outstanding City of Denton bonds; providing for limited exemptions
of certain homesteads; providing for enforcement of collections;
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City of Denton City Council Minutes
September'15, 1992
Page 14
and providing for a severability clause.
John McGrane, Executive Director for Finance, stated that the
ordinance had been revised to remove the section for an elderly
exemption increase. Section V would need to be eliminated.
The following ordinance was considered:
NO. 92-156
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1992, ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1992, NOT EXEMPT BY
LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL
EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING
CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance with the
change as indicated. 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 repealing
Ordinance No. 78-043 which provided for the repeal of the 1% City
sales tax on residential gas and electric services; and reimposing
previously adopted tax on residential use of gas and electricity.
John McGrane stated that in order to balance the 1992-93 budget,
the exemption of sales tax on residential gas and electric use
would need to be repealed and that revenue would then go into the
General Fund.
The following ordinance was considered:
NO. 92-157
AN ORDINANCE OP THE CITY OF DENTON, TEXAS, REPEALING
ORDINANCE. NO. 78-43 WHICH PROVIDED FOR THE REPEAL OF THE ONE
(1%) PERCENT CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC
SERVICES; REIMPOSING PREVIOUSLY ADOPTED TAX ON RESIDENTIAL USE
OF GAS AND ELECTRICITY; AND DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 15, 1992
Page 15
15
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.
H. The Council considered adoption of an ordinance approving
guidelines for operation of the City of Denton Housing
Rehabilitation Program and eligibility criteria, and authorizing
expenditures in excess of $10,000 for projects meeting guidelines
and criteria.
Barbara Ross, Community Development Coordinator, stated that the
next two ordinances would allow the City to continue administering
the housing and rental rehabilitation program in the same way they
had always been run. Council approval was needed for projects in
excess of $10,000. This ordinance would allow the projects to
proceed without Council approval for each and every project.
Council Member Perry asked if there was an upper dollar limit on
the projects.
Ross replied that the maximum limit was $15,000 for housing
rehabilitation and $8500 for rental rehabilitation.
Council Member Perry asked who set those limits.
Ross replied that HUD set the limits for rental rehabilitation and
the City set the limits for the housing rehabilitation.
The following ordinance was considered:
NO. 92-158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON
HOUSING REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA,
AUTHORIZING EXPENDITURES IN EXCESS OF $10,000 FOR PROJECTS
MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FORAN
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.
I. ThQ Council ~on~id~rQd adoption of an ordinan~ approving
the guidelines for the Rental Rehabilitation Program and
eligibility criteria, and authorizing expenditures in excess of
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City of Denton City Council Minutes
September 15, 1992
Page 16
$10,000 for projects meeting program guidelines and criteria.
The following ordinance was considered:
NO. 92-159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM
AND ELIGIBILITY CRITERIA; AUTHORIZING THE EXPENDITURE IN
EXCESS OF $10,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND
CRITERIA; 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", chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
J. The Council considered adoption of an ordinance accepting
the proposal of Arkwright Mutual Insurance Company for
property/casualty, boiler/machinery, commercial crime and vehicle
collision insurance coverage; and authorizing the expenditure of
funds therefor. (Bid #1404)
Max Blackburn, Rick Manager, stated that Arkwright provided the
current coverage and had provided excellent service. The cost of
the insurance had decreased from the previous year.
The following ordinance was considered:
NO. 92-160
AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT INSURANCE
COMPANY FOR PROPERTY/CASUALTY, BOILER/MACHINERY, COMMERCIAL
CRIME AND VEHICLE COLLISION INSURANCE COVERAGE; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; 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
tlay~tl, P~y Itaye", and Mayor Ca~l~berry "aye". Motion carried
unanimously.
K. The Council considered adoption of an ordinance amending
the 1991-92 budget of the City of Denton, Texas by appropriating
the sum of $92,949.00 from the unappropriated balance of the
General Fund to various account funds; and approving budget
adjustments for fiscal year 1991-92.
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City of Denton City Council Minutes
September'15, 1992
Page 17
The following ordinance was considered:
NO. 92-161
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE 1992-92
BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM
OF NINETY-TWO THOUSAND NINE HUNDRED FORTY-NINE DOLLARS
($92,949.00) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL
FUND TO VARIOUS ACCOUNT FUNDS; APPROVING BUDGET ADJUSTMENTS
FOR FISCAL YEAR 1992-92; AND DECLARING AND 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.
L. The .Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton, Texas and Denton County Electric Cooperative, Inc., an
electric cooperative corporation organized under Article 1528b,
Revised Civil Statutes of Texas for the joint use of wood poles
near Lake Ray Roberts, Texas. (The Public Utilities Board
recommended approval.)
Howard Martin, Director of Environmental Operations/Financial
Administration, requested approval of an agreement for joint use of
poles owned by Denton County Electric Cooperative for the
transmission of power from the Ray Roberts Hydroelectric unit. In
order to get power from the Ray Roberts hydroelectric unit back
into the Denton grid system it was necessary to construct electric
feed through the Denton County Electric Cooperative territory and
as a result, the Cooperative redesigned and reconstructed a double
circuit for the City.
The following ordinance was considered:
NO. 92-162
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC
COOPERATIVE, INC., AN ELECTRIC COOPERATIVE ORGANIZED UNDER
ARTICLE 1528b, REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT
USE OF WOOD POLES NEAR LAKE RAY ROBERTS, TEXAS; AND PROVIDING
FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
September 15, 1992
Page 18
Hopkins motioned, Miller 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.
M. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Baker-Shiflett/Emcon, Inc. relating to professional
engineering services for soils and concrete testing laboratory
services of the Pecan Creek Wastewater Treatment Plant; and
authorizing the expenditure of funds therefore. (The Public
Utilities Board recommended approval.)
Howard Martin, Director of Environmental Operations/Financial
Administration, requested approval for this contract with Baker-
Shiflett in the amount not to exceed $51,100 relating to soils and
concrete testing and laboratory services for the wastewater
treatment plant expansion. The contract included $15,000 of
retesting which would be reimbursed to the City.
The following ordinance was considered:
NO. 92-163
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC.
RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR SOILS AND
CONCRETE TESTING LABORATORY SERVICES OF THE PECAN CREEK
WASTEWATER TREATMENT PLANT; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; 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.
N. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on both sides of Withers
Street, from its intersection with Bell Avenue to its intersection
with Mingo Road; providing a ~ev~rability clause; and providing a
penalty not to exceed two hundred dollars. (The Citizens Traffic
Safety Support Commission recommended approval.)
Rick Svehla, Deputy City Manager, stated that due to recent
construction on Withers and increased traffic, neighbors and staff
determined ~hat Wi~hers as too narrow for parking. The matter was
taken to the Citizens Traffic Safety Support Commission and all of
the property owners along the street had been contacted. No one
City of Denton City Council Minutes
September 15, 1992
Page 19
19
indicated a problem with the ordinance.
The following ordinance was considered:
NO. 92-164
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON BOTH SIDES OF WITHERS STREET, FROM ITS
INTERSECTION WITH BELL AVENUE TO ITS INTERSECTION WITH MINGO
ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT
TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING 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.
7. Resolutions
A. The Council considered approval of a resolution approving
the 1992-93 fiscal year budget of the Denton County Emergency
Communication District, pursuant to Article 1432e V.A.T.S.
John McGrane, Executive Director for Finance, stated that State law
required the DENCO Area 9-1-1 District to submit to the County and
all the jurisdictions within the County their budget for approval
by a majority of those jurisdictions. He understood that the
District had already received a majority approval.
The following resolution was considered:
NO. R92-047
A RESOLUTION APPROVING THE 1992-93 FISCAL YEAR BUDGET OF THE
DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT, PURSUANT TO
ARTICLE 1432e V.A.T.S.; AND PROVIDING AN EFFECTIVE DATE.
Brock 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 City Manager to sign and submit an application to
the Texas Department of Housing and Community Affai~ an
application for "HOME" program funding with appropriate
certifications, as authorized and required bythe Cranston-Gonzalez
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City of Denton City Council Minutes
September 15, 1992
Page 20
National Affordable Housing Act.
Barbara Ross, Community Development Coordinator, stated that the
resolution would complete the application for home funding which
would request $1 million which would help approximately 80
structures in the City. The limits would be between $25,000-
$33,000 and would allow more extensive reconstruction than before.
The following resolution was considered:
NO. R92-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS ANAPPLICATION FOR
"HOME" PROGRAM FUNDING WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE CRANSTON-GONZALEZ NATIONAL
AFFORDABLE HOUSING ACT; AND PROVIDING AN EFFECTIVE DATE.
Perry 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.
C. The Council considered approval of a resolution
supporting the application of the Denton Housing Authority to the
Texas Department of Housing and Community Affairs for HOME Program
funding in order to rehabilitate the Crawford Building located at
306 S. Locust and provide rental subsidies for low income elderly
tenants.
The following resolution was considered:
NO. R92-049
A RESOLUTION BY THE CITY OF DENTON, TEXAS, SUPPORTING THE
APPLICATION OF THE DENTON HOUSING AUTHORITY TO THE TEXAS
DEPARTMENT. OF HOUSING AND COMMUNITY AFFAIRS FOR HOME PROGRAM
FUNDING IN ORDER TO REHABILITATE THE CRAWFORD BUILDING LOCATED
AT 306 ~. LOCUST AND PROVIDE RENTAL SUBSIDIES FOR LOW INCOME
ELDERLY TENANTS; AND PROVIDING 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.
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City of Denton City Council Minutes
September 15, 1992
Page 21
D. The Council considered approval of a resolution
authorizing the City Manager to execute on behalf of the City of
Denton an administrative service agreement with the International
City Management Association Retirement Corporation (ICMA-RC).
Ike Obi, Human Resources Specialist/Benefits, stated that this
resolution would allow the City to formalize an agreement with the
ICMA-RC to waive an $18 fee required for active accounts. This
would be an opportunity for current employees and encourage other
employees to get involved in the program.
The following resolution was considered:
NO. R92-050
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON
BEHALF OF THE CITY OF DENTON, AN ADMINISTRATIVE SERVICES
AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION
RETIREMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Perry 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.
E. The Council considered approval of a resolution accepting
a grant from the office of the Governor in the amount of $38,185
for the Drug Abuse Resistance Education Program sponsored by the
City.
Rick Svehla, Deputy City Manager, stated that this was an ongoing
program. The City had received notice that it was eligible for the
grant for this year.
The following resolution was considered:
NO. R92-051
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE OFFICE OF THE
GOVERNOR IN THE AMOUNT OF $38,185 FOR THE DRUG ABUSE
RESISTANCE EDUCATION PROGRAM SPONSORED BY THE CITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry 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.
City of Denton City Council Minutes
September 15, 1992
Page 22
F. The Council considered approval of a resolution
requesting the Texas Municipal League to adopt a resolution to
amend TEX. GOV'T CODE ANN. Sec. 30.481 et seq. providing for the
appointment of municipal court of record judges; and supporting
creation of a Municipal Court of Record for the City of Denton.
Jerry Drake, Assistant City Attorney, stated that the current
statue provided that the City would hold an election to decide
whether to appoint or elect the judge for municipal court of
record. This resolution would urge the Texas Municipal League to
support an amendment to allow the judges to be selected by
appointment.
The following resolution was considered:
NO. R92-052
A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO ADOPT A
RESOLUTION TO AMEND TEX. GOV'T CODE ANN. SEC. 30.481 ET SEQ.
PROVIDING FOR THE APPOINTMENT OF MUNICIPAL COURT OF RECORD
JUDGES; SUPPORTING CREATION OF A MUNICIPAL COURT OF RECORD FOR
THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE.
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. The Council considered an appointment of a voting and
alternate voting delegate to the 1992 Congress of Cities.
Hopkins motioned, Smith seconded to appoint Council Member Perry as
delegate and Council Member Chew as alternate delegate. 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.
Rick Svehla, Deputy City Manager presented the following items:
A. Saturday was County Seat Saturday and he encouraged all'
to attend.
B. There had been a power outage yesterday when a tree fell
on a major transmission line. Approximately 5,000 customers were
out of power for approximately 20 minutes, 1500 customers were out
of power for approximately 30-35 minutes and 500 customers were out
City of Denton City Council Minutes
September 15, 1992
Page 23
2¸3
for approximately 52 minutes. He commended the electrical staff
for their work because under normal circumstances the outage would
have been days and not minutes.
10. There was no official action taken on Executive Session items
discussed during the Work Session.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Brock recommend that a work session
diScussion be scheduled when Council started discussing signs.
B. Council Member Brock suggested working with the residents
who lived on the Square in regards to parking on the Square.
C. Council Member Miller suggested a report and work session
discussion regarding the rental of the Civic Center and the
associated percentage which the City received from the profits of
the rental.
The Council considered the Agenda Addendum.
1. The Council considered a request from the City of Denton to
allow the use of loudspeakers, amplifiers and musical instruments
on September 20, 1992 from 11:00 a.m. - 4:00 p.m. for the City of
Denton Employee Picnic.
Catherine Tuck, Administrative Assistant, stated that this was a
similar request as those in the past to allow the use of
loudspeakers, amplifiers and musical instruments on Sunday,
September 20 for the City of Denton Employee Picnic. The music did
not start until 1:00 p.m. but the loudspeakers might be tested
before that time.
Perry motioned,. Smith seconded to approve the request. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
12. The Council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was'adjourned at 8:23 D.m.
City of Denton City Council Minutes
September 15, 1992
Page 24
C I TY~S ECR%TARY
CITY OF DENTON, TEXAS
ACC000B7