Minutes October 06, 199238
CITY OF DENTON CITY COUNCIL MINUTES
OCTOBER 6, 1992
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss
legal matters (considered demand in claim of Charlene Rodgers,
discussed action in Waste Manaqement v. City of Denton, considered
intervention in Dallas County Park Cities Municipal Utility
District v. City of Dallas and City of GraDevin~, and considered
action in Paul Iwuchukwu v. City of Denton), real estate, and
personnel/board appointments (discussed personnel matters and
duties of the City Manager, the City Attorney, and the Municipal
Judge as related to the operation of Municipal Court.)
2. The Council received a report and held a discussion regarding
a presentation from Carter & Burgess on the renovation of the Civic
Center Swimming Pool.
Janet Simpson, Park Planning Coordinator, stated that this was a
status report briefing the Council on the proposed renovations for
the Civic Center Pool. The project was proceeding on schedule and
within budget. Bids would be let early in November and
construction started near the first of the year which would give
enough time to complete the project before the summer season of
1993.
Philip Neeley, Project Manager for Carter and Burgess, stated that
the original pool was kept in tack and incorporated new amenities
for the pool renovation. There was a crowed area in the entrance
and poor traffic circulation in the pool. The new design would
separate the different age groups. A wide entry would be
incorporated with bath houses next to that area. The central zone
of the pool would become the parent/toddler area. The zero depth
pool would be located off the main pool. The existing slide would
be moved to the other side of the pool which would help separate
the different age groups and provide good movement. A new parking
lot would be developed off Bell Avenue. New features included a
new gutter system, filtration system, new decking, new lifeguard
stands, new deck equipment, and new trellis areas.
Alan Nelson, architect, stated that they would be maintaining the
same flavor of~the pool as it currently had. He detailed the floor
plan of the bathhouse/office area and the zero depth pool. The
only part of the current structure which would be removed would be
the current office. The new office would be incorporated into the
current columns. The colors would reflect the current scheme.
Council Member Perry asked if there would be a barrier between the
toddlers pool and the rest of the pool.
City of Denton city Council Minutes
October 6, 1992
Page 2
39
Neeley replied that at a minimum there would be a rope barrier. A
final decision had not been made as to whether a permanent barrier
would be installed.
Council Member Perry asked about the filtration system.
Neeley replied that the system would be a vacuum sand filtration
system and a recirculation gutter which would improve the system.
Mayor Pro Tem Hopkins asked if these proposals would remain within
budget.
Nelson replied that the proposals were within budget and would also
meet ADA specifications.
The Council convened in the Regular Session at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Meeting of September 1, 1992, the Special Call Session of September
8, 1992, and the Regular Meeting of September 15, 1992.
Miller motioned, Chew 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.
The Mayor presented the following proclamations:
ae
B.
C.
D.
Kids Month - Take Time for Kids
Keep Denton Beautiful - Adopt-A-Spot Month
National Fire Prevention Week/Month
Public Power Week
3. Citizen Reports
A. The Council received a citizen report from Carl Young
regarding redistricting.
Mr. Young stated that he was a representative of the Black
Leadership Coordinating Council, a group which now gave the Black
40
City of Denton City Council Minutes
October 6, 1992
Page 3
community an avenue to express their opinions. Their opinion was
that the current plan for electing City officials was unfair and
requested the Council create a redistricting plan on a 6-1 or 6-2-1
basis. All council members would be elected in single member
districts with the Mayor elected at-large. This would bring Denton
City government in line with recent federal appeal court decisions
and bring the Council closer to the people. This would also reduce
the cost for running for City Council which would allow minorities
and students to have a better chance to participate in City
government. Denton had many problems and problems with the City
charter. A broad based community task force was needed to
determine what the City should be in the year 2000. General goals
should be established with small groups to determine specific plans
to accomplish those goals. All of the City's boards and
commissions needed to be reviewed and how members were selected.
All boards and commissions should be examined to determine what
they should accomplish. He was asking the Council to start a
charter review and possibly 6-2 or 6-2-1 redistricting.
Mayor Castleberry stated that Council would take Mr. Young's
suggestions under consideration.
B. The Council received a citizen report from Laronda
Schrader regarding a City policy for electric employees.
Ms. Schrader stated that when the City's electric standby crews
worked all night on emergencies earning time and a half pay, they
should be given at least four hours early off with paid personal
leave time paid for the four hours and not loose their time and a
half pay for their valuable services to the community. As it stood
now, when the standby crews were out all night working and had no
sleep, they were still required to put in a full day on the job
unless they wanted to loose overtime pay rate and still be ready to
work all emergencies following normal working hours. This proposal
was asking very little monetarily to prevent unsafe practices that
could result in injuries, accidents or even death. The cost of
paying out a few hours of straight time pay to prevent unsafe
working conditions did not come close to what an accident would
cost. It was very seldom that the crews were out all night that
this would be no great out of budget expense to do this proposal.
Her proposal also included that if an employee on the nights Sunday
through Thursday when the following day was a working day, that at
midnight to 7~00 a.m. if that employee on standby worked five or
more hours, they should be granted the four hours paid personal
time during normal working, hours if they were still going to be on
standby following that days work.
Mayor Castleberry asked the City Manager to give Council a report
on her suggestions.
City of Denton City Council Minutes
October 6, 1992
Page 4
41
C. The Council received a citizen report from Joe Dodd
regarding cablecasting of City Council meetings.
Mr. Dodd stated he was a member of a group which had worked for the
deregulation of the cable television industry. His group was
elated over the fact that the Legislature had overridden the
President's veto of the cable regulation. He urged the Council to
accept the channel allocation slot available on cable television.
The Council meetings and the Planning and Zoning Commission
meetings could be televised with very little outlay of cash. With
the funds and technology available, there was really no good reason
to not film the council meetings.
4. Public Hearings
A. The Council held a public hearing and considered adoption
of a specific use permit on a 1600 square foot tract of land
located at 119 Avenue A for the purpose of the Delta Chi Fraternity
Meeting Hall and Offices. (The Planning and Zoning Commission
recommended approval 7-0 at their meeting of August 26, 1992).
Z92-020
Karen Feshari, Urban Planner, stated that this property had been
zoned general retail in 1969. The site was formerly the Goose Inn
Bicycle Shop. On May 11, 1992, the Delta Chi's requested a
variance to the required off-street parking and was granted such as
they met all of the variance criteria. According to the
Engineering Department, the proposed use could adequately be served
by the existing transportation facilities and all other utilities
were adequate for this use. The applicants had met with the Chief
of Police for the University of North Texas as well as the Vice-
President of Administrative Affairs and had agreed to specific
conditions. Staff agreed with and the Planning and Zoning
Commission recommended the proposed conditions: (1) the expiration
of the specific use permit would be November 10, 1993 and the
applicant could apply for an extension of the specific use permit;
(2) the hours of occupancy or use would be Monday 7:00 a.m. - 11:00
p.m.; Tuesday, Wednesday, Friday, Saturday and Sunday 7:00 a.m. -
10:00 p.m. and Thursday 7:00 a.m. - 7:00 p.m.; (3) no alcoholic
beverages were to be served or sold on the premises, however
members would be permitted to bring their own alcoholic beverages
to the location for their own consumption.
The Mayor opened the public hearing.
Scott Woods, representing the Delta Chi Fraternity, stated that he
would answer any questions the Council had regarding the request.
No queution= were a~ked of Mr. Wood~.
No one spoke in opposition.
City of Denton City Council Minutes
October 6, 1992
Page 5
The Mayor closed the public hearing.
The following ordinance was considered:
No. 92-165
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR DELTA CHI FRATERNITY, ON A 1,600 SQUARE FOOT
TRACT OF LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance with the
three conditions approved 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.
5. Consent Agenda
Perry motioned, Brock 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.
ae
Bids and Purchase Orders:
1. Bid #1420 - Distribution Transformers
2. Bid #1413 - Hobson Lane Drainage
3. P.O. #85491A - Black and Veatch
4. P.O. #85491B - Black and Veatch
5. P.O. #26844 - Southwest Electric Company
6. Ordinances
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 #1420)
The following ordinance was considered:
No. 92-166
AN ORDINANCE ACCEPTINC 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.
City of Denton City Council Minutes
October 6, 1992
Page 6
43
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.2. - Bid #1413)
The following ordinance was considered:
No. 92-167
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. - P.O. #26844)
The following ordinance was considered:
No. 92-168
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.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute Amendment 2 to the
agreement for engineering services between the City of Denton and
Black and Veatch, Inc., for the Lake Ray Roberts Hydroelectric
project. (5.A.4 - P.O. #85491B)
The following ordinance was considered:
City of Denton City Council Minutes
October 6, 1992
Page 7
No. 92-169
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER 2 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON AND BLACK AND VEATCH, INC., FOR THE LAKE RAY
ROBERTS HYDROELECTRIC PROJECT; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND DECLARING 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.
E. The Council considered adoption of an ordinance
authorizing the City Manager to execute Amendment Number 3 to the
agreement for engineering services between the City of Denton and
Black and Veatch, Inc., for the Lake Lewisville Hydroelectric
Project. (5.A.3 - P.O. #85491A)
The following ordinance was considered:
No. 92-170
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NUMBER 3 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE
CITY OF DENTON AND BLACK & VEATCH, INC., FOR THE LAKE
LEWISVILLE HYDROELECTRIC PROJECT; AND DECLARING AN EFFECTIVE
DATE.
Brock motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance
establishing a program to promote local economic development and to
stimulate business in the City and approving an economic
development grant agreement with PACCAR, Inc.
Linda Ratliff, Economic Development Coordinator, stated that the
City would realize many economic advantages associated with this
agreement. ~ Peterbilt estimated approximately 225-250 new jobs and
as a result of thQ rQlooati~n, additional 180 indlre~t jobs in
construction and retail and service industries.
John McGrane, Executive Director for Finance, reviewed the final
draft of the agreement for Council consideration. He detailed the
changes in the two documents which had been made during the day and
the provisions of the agreement section by section.
Council Member Perry asked what was the time period for the
city of Denton City Council Minutes
October 6, 1992
Page 8
45
agreement.
McGrane replied that the agreement ran for 10 years unless in the
first five years they exceeded an annual payroll of $7 million. If
that were done, it could shorten the life of the agreement. In the
first five years, Peterbilt had a commitment to do either 200 jobs
or $7 million and in return the City would give them the grant
payment if their value exceeded the purchase price. Throughout the
agreement Peterbilt had to maintain either 200 jobs or a $7 million
payroll. In year six through ten, if they did not meet that full-
time equivalent, they would have to begin repaying what the City
had given them. Commissioners Court had discussed the agreement
during the day but as they did not have a final agreement, decided
not to approve it at that meeting but would rather consider it at
their next meeting. The were very supportive of the agreement.
The following ordinance was considered:
No. 92-171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
AUTHORIZING THE MAYOR TO EXECUTE ANECONOMIC DEVELOPMENT GRANT
AGREEMENT BETWEEN THE CITY OF DENTON AND PACCAR, INC.;
AUTHORIZING THE EXPENDITURE OF FUNDS PURSUANT THERETO; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance amending
the schedule of electric rates; adding new General Service Large
(GSL), General Service Small (GSS), Experimental Weekend (EWK),
Appliance Rebate (APR), Air Conditioning Cycling Rebate (ACR), and
Voluntary Load Reduction (VLR) rate schedules; deleting the General
Service (GS), Large Primary (LP), General Service Primary (GP),
General Service Primary Time of Use (TGP), and Large Primary Time
of Use (TLP) rate schedules.
Lloyd Harrell,.City Manager, stated that the next items were rate
changes discussed during budget presentations and reviewed at the
last study session. Staff recommended approval and was ready to
respond to Council questions.
Jerry Drake, Assistant City Attorney, stated
several typographical errors in the ordinance.
errors for the Council.
that there were
He noted those
The following.ordinance was considered:
City of Denton City Council Minutes
October 6, 1992
Page 9
No. 92-172
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES; ADDING
NEW GENERAL SERVICE LARGE (GSL), GENERAL SERVICE SMALL (GSS),
EXPERIMENTAL WEEKEND (EWK), APPLIANCE REBATE (APR), AIR
CONDITIONING CYCLING REBATE (ACR), AND VOLUNTARY LOAD
REDUCTION (VLR) RATE SCHEDULES; DELETING THE GENERAL SERVICE
(GS), LARGE PRIMARY (LP), GENERAL SERVICE PRIMARY (GP),
GENERAL SERVICE PRIMARY TIME OF USE (TGP), AND LARGE PRIMARY
TIME OF USE (TLP) RATE SCHEDULES; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance with the
changes as noted by the Attorney. 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 amending
the schedule of rates for water service; adding a new Adopt-A-Spot
rate schedule; deleting the intragovernmental water service not
connected to sewer rate schedule.
The following ordinance was considered:
No. 92-173
AN ORDINANCEAMENDING THE SCHEDULE OFRATES FOR WATER SERVICE;
ADDING A NEW ADOPT-A-SPOT RATE SCHEDULE; DELETING THE
INTRAGOVERNMENTAL WATER SERVICE NOT CONNECTED TO SEWER RATE
SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Chew, 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.
I. The Council considered adoption of an ordinance amending
the schedule of rates for wastewater service; adding a new
Commercial/Industrial Wastewater Service to users without City of
Denton Water Service (SCN), Residential Wastewater Service to Users
Outside of Denton Corporate Limits with City of Denton Water
Service (SRW), and Commercial/Industrial Wastewater ~ervi~e Out~ide
the City of Denton Corporate Limits with City of Denton Water
Service (SCW) rate schedules; and deleting the Residential
Wastewater Service to Users Outside of Denton Corporate Limits
(SRW) rate schedules.
The following ordinance was considered:
City of Denton City Council Minutes
October 6, 1992
Page 10
47
No. 92-174
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WASTEWATER
SERVICE; ADDING A NEW COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE
TO USERS WITHOUT CITY OF DENTON WATER SERVICE (SCN) RATE
SCHEDULE, A RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE OF
DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE
(SRW) RATE SCHEDULE, AND A COMMERCIAL/INDUSTRIAL WASTEWATER
SERVICE OUTSIDE THE CITY OF DENTON CORPORATE LIMITS WITH CITY
OF DENTON WATER SERVICE (SCW) RATE SCHEDULE; DELETING THERATE
SCHEDULE FOR RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE
OF DENTON CORPORATE LIMITS (SRW) RATE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
J. The Council considered adoption of an ordinance
establishing rates for residential and commercial sanitation
collection services as authorized by Chapter 24 of the Code of
Ordinances of the City of Denton.
The following ordinance was considered:
No. 92-175
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR
RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS
AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY
OF DENTON; AND PROVIDING FORAN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
K. The Council considered adoption of an ordinance
establishing rates for the use of the City's Sanitary Landfill site
for the disposal of tires and "special waste" as authorized by
Chapter 24 of the Code of Ordinances of the City of Denton; and
establishing requirements for acceptance of tires at the landfill.
The following ordinance was considered:
48
City of Denton City Council Minutes
October 6, 1992
Page 11
No. 92-176
AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE
USE OF THE CITY'S SANITARY LANDFILL SITE FOR THE DISPOSAL OF
TIRES AND "SPECIAL WASTE" AS AUTHORIZED BY CHAPTER 24 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON; ESTABLISHING
REQUIREMENTS FOR ACCEPTANCE OF TIRES AT THE LANDFILL; 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.
L. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on both sides of Grove Street
from its intersection with Vine Street to its intersection with
Frame Street and on both sides of Nottingham Drive from its
intersection with University Drive to its intersection with Mingo
Road.
Mayor Castleberry indicated that he lived on Grove Street and had
been advised by the Attorney's office that as there was no contract
with this ordinance and as he would receive no financial gain from
the ordinance, he could participate in the decision of the
ordinance.
Jerry Clark, City Engineer, stated that the Citizens Traffic Safety
Support Commission had considered this item the night before.
Grove Street had been previously posted "no parking". Complaints
had been received regarding the signs and upon review staff
discovered there was no ordinance supporting the no parking signs.
The signs had been taken down and currently it was very difficult
to maneuver through the area. An ordinance had been presented to
the Commission which would prohibit parking 24 hours per day on
both sides of the street from Vine Street to Frame Street. On the
south side of Grove Street all of the residents were in favor of no
parking. On the north side, 83% were in favor of no parking.
Concern was expressed at the Citizens Traffic Safety Support
Commission regarding the TWU traffic in the area. The TWU service
center was located in this area and there was a lot of traffic in
and out of the facility. The Traffic Commission recommended no
parkin~ on the north ~ida a£ ~rQv~ Z4 hours per day and modified
the staff's recommendation to include a fire lane on the south side
of Grove. If Council decided to make the south side of Grove a
fire lane, more notification to the property owners was required
and the Council would have to consider another ordinance at a later
date. If the Council wished to have 24 hour no parking on south
side of Grove, the ordinance included in the agenda backup could be
considered. Staff had recommended no parking on both sides of the
Grove which would put the street back to the way it was before the
City of Denton City Council Minutes
October 6, 1992
Page 12
signs were removed.
Lloyd Harrell, City Manager, stated that the reason the Citizens
Traffic Safety Support Commission recommended one side as a fire
lane was that it would give more authority to tow vehicles and move
vehicles if necessary. There were no other streets in the City
which had been designated as a fire lane. Fire lanes had been
designated on private property such as in shopping centers. If the
Council was favorable to no parking on both sides of the street,
the ordinance could be approved at this meeting. If the Council
wanted to go with a fire lane, further notice for the neighborhood
must be given.
Council Member Perry felt that both sides of the street should be
designated as no parking as no one objected to the one side being
no parking and on one side almost every one wanted it no parking.
He would be in favor of restricting parking on both sides of the
street.
Perry motioned, Chew seconded to restrict parking on both sides of
Grove Street.
Mayor Pro Tem Hopkins stated that there were people who spoke at
the Traffic Safety Commission meeting who were against the no
parking on both sides of the street.
Clark stated that Lot 4 indicated opposition to the no parking on
the south side of the street. The resident was concerned with
guest parking although currently the street was parked full and
residents would not have room for guests to park now anyway.
Mayor Pro Tem Hopkins indicated that with the proposal parking
would not be allowed on the weekends.
Clark indicated that it would be 24 hours 7 days a week no parking.
The driveways in the area were very long which would allow for
adequate parking.
Mayor Castleberry stated that there was parking in the resident's
driveways as they were very long for the residents on both the
north side and south side of the street.
Mayor Pro Tem Hopkins wanted to be sure that there was no need to
allow the parking on Saturday and Sunday for the residents in order
to accommodate guest parking.
Council Member Brock stated that the backup memo in the agenda
packet indicated that staff was recommending 24 hour no parking on
the south side and no Darking from 8:00 a.m.- 5:00 p.m. on north
side. What did the ordinance state.
50
City of Denton City Council Minutes
October 6, 1992
Page 13
Clark stated that the staff recommendation had been modified when
it was taken to the Traffic Commission meeting to have no parking
on both sides of the street at any time.
City Manager Harrell stated that the only ordinance the Council had
was to have no parking on both sides of the street for 24 hours a
day.
Brock motioned, Hopkins seconded to amend the main motion to
prohibit parking on the south side at any time and to prohibit
parking on the north side between the hours of 8:00 a.m.- 5:00 p.m.
Monday through Friday.
Council Member Brock felt it would be more helpful to allow parking
on one side of the street during off school hours.
Mayor Castleberry stated that there was a tremendous
area. Guest parking had never been a problem.
Saturdays when the University had seminars and the
next to a dormitory. Twenty-four hour parking no
eliminate undesirable parking for the University.
Council Member Perry stated that the no parking had
for years and until now there had been no problems.
problem in the
There were
area was also
parking would
been in effect
Mayor Castleberry stated that the street was also difficult for
safety vehicles to negotiate as the streets on Frame and Grove were
very narrow. Limiting the parking would make the street readily
available in the case of an emergency. There were many maintenance
vehicles from TWU into their service center which added to the
congestion in the area.
Council Member Brock indicated that she had had no contact with
area residents and her considerations were from her point of view.
Mayor Pro Tem Hopkins stated that she was concerned for the
residents in the area and the amendment might be a compromise to
the situation. Council could return at a later date if the
amendment was a problem and restrict the parking on the north side
at an future meeting.
Council Member Miller asked where parking was allowed before the
changQ.
Clark replied that there was no parking on either side of the
Streets before the signs were removed. The issue only came up as
there was no ordinance to substantiate the no parking in the area.
Council voted on the amendment. On roll vote, Brock "aye", Miller
"nay", Hopkins "aye", Smith "nay", Chew "nay", Perry "nay", and
Mayor Castleberry "nay". Motion failed with a 2-5 vote.
City of Denton City Council Minutes.
October 6, 1992
Page 14
51
Council voted on the main motion. On roll vote, Brock "aye",
Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
The Council considered the parking issue on Nottinghan Drive.
Clark indicated that this was the final project on the current CIP
schedule. It had been designed as a four lane street and without
no parking on the street, that traffic flow would be hampered.
Some areas on the street were closer than the parking lot for the
Denton Bible Church and people might park on the street rather than
use the parking lot. Staff was recommending no parking on the
street and would be in conjunction with the opening of the street.
Smith motioned, Perry seconded to approve the no parking on
Nottingham as presented in the proposed ordinance. On roll vote,
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. 92-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON BOTH SIDES OF GROVE STREET FROM ITS
INTERSECTION WITH VINE STREET TO ITS INTERSECTION WITH FRAME
STREET AND ON BOTH SIDES OF NOTTINGHAM DRIVE FROM ITS
INTERSECTION WITH UNIVERSITY DRIVE 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, Chew seconded to adopt the ordinance restricting
the parking on Grove Street and Nottingham Drive. 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 approving
a supplemental agreement No. 01 between the City of Denton and the
State of Texas for installing traffic signal controllers within the
City of Denton at the intersections of I35E and Avenue D and U. S.
Highway 377 and Acme Street.
Jerry Clark, City Engineer, stated that the original estimate on
this project was $12,000. Some of the rules on what the State
would allow to qualify for reimbursement had changed which allowed
the State to pay the City an additional $5,000 for the project.
The following ordinance was considered:
52
City of Denton City Council Minutes
October 6, 1992
Page 15
No. 92-178
AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT NO. 01 BETWEEN
THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLING
TRAFFIC SIGNAL CONTROLLERS WITHIN THE CITY OF DENTON AT THE
INTERSECTIONS OF 1-35E AND AVENUE D AND U.S. HIGHWAY 377 AND
ACME STREET; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
N. The Council considered adoption of an ordinance amending
the fees charged by the City for inspections by health inspectors;
and repealing all ordinances in conflict herewith.
City Manager Harrell stated that this item had been considered
during the Council,s budget sessions and he was ready to answer any
questions from the Council regarding the ordinance.
The following ordinance was considered:
No. 92-179
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES
CHARGED BY THE CITY FOR INSPECTIONS BY HEALTH INSPECTORS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING
AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution approving
the sublease of airport property by Fox-51 Limited, to Blakey
Engine Service, Inc. and Wilke Associates, Inc. (The Airport
Advisory Board .recommended approval.)
Rick Svehla, D~puty City Manager, stated that these subleases had
been reviewed by the Legal Department and were exactly the same as
the City's lease with Fox-51. These were subleases in the new
building on the northern end of Fox-51's lease.
The following resolution was considered:
City of Denton City Council Minutes
October 6, 1992
Page 16
53
No. R92-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED,
TO BLAKEY ENGINE SERVICE, INC. AND WILKE ASSOCIATES, INC.; AND
PROVIDING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a fee simple
interest in the hereinafter described land situated in the W. Neil
Survey, A-907, the I. Hembrie Survey A-594, the J. McDonald Survey
A-873 and the J. W. Kjellberg Survey, A-1610; authorizing the City
Manager or his designee to make an offer to the owners of the
property and if the offer is refused, authorizing the City Attorney
to institute the necessary proceedings in condemnation in order to
acquire the property necessary for the public purpose of extending
a runway at the Municipal Airport by the City of Denton, Texas.
Rick Svehla, Deputy City Manager, stated that the next three items
were parcels of land the City was trying to acquire for the clear
zone for the airport and the extension of the airport runway. The
City was eligible for an FAA grant and once obtained, could apply
for a grant at 90% reimbursement.
The following resolution was considered:
No. R92-054
A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER
DESCRIBED LAND SITUATED IN THE W. NEIL SURVEY, A-970, THE I.
HEMBRIE SURVEY A-594, THE J. MCDONALD SURVEY A-$73 AND THE J.
W. KJELLBERG SURVEY, A-1610; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY
AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER
TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF
DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", HoDkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City Council Minutes
October 6, 1992
Page 17
C. The Council considered approval of a resolution declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a fee simple
interest in the hereinafter described land situated in the William
Wilburn Survey, Abstract No. 1419; authorizing the City Manager or
his designee to make an offer to the owners of the property and if
the offer is refused, authorizing the City Attorney to institute
the necessary proceedings in condemnation in order to acquire the
property necessary for the public purpose of extending a runway at
the Municipal Airport by the City of Denton, Texas.
The following resolution was considered:
No. R92-055
A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER
DESCRIBED LAND SITUATED IN THE WILLIAM WILBURN SURVEY,
ABSTRACT NO. 1419; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF
THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER
TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF
EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF
DENTON, TEXAS; AND DECLARING 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.
D. The Council considered approval of a resolution declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a fee simple
interest in the hereinafter described land situated in the J. Scott
Survey, Abstract No. 1222; authorizing the City Manager or his
designee to make an offer to the owners of the property and if the
offer is refused, authorizing the City Attorney to institute the
necessary proceedings in condemnation in order to acquire the
property necessary for the public purpose of extending a runway at
the Municipal Airport by the City of Denton, Texas.
The following resolution was considered:
No. R92-056
A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER
DESCRIBED LAND SITUATED IN THE J. SCOTT SURVEY, ABSTRACT NO.
City of Denton City Council Minutes
October 6, 1992
Page 18
55
1222; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN
OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS
REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE
NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE
PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A
RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS;
AND DECLARING 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.
E. The Council considered approval of a resolution
authorizing the City Manager to execute Amendment No. i to a grant
agreement between the City of Denton and the United States of
America Federal Aviation Administration, changing the project
number.
The following resolution was considered:
No. R92-057
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO THE GRANT AGREEMENT BETWEEN THE CITY OF DENTON AND
THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION,
CHANGING THE PROJECT NUMBER; 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.
F. The Council considered approval of a resolution
temporarily closing Gatewood Drive between Lafayette Drive to
Ticonderoga Street on Saturday, October 31, 1992.
Catherine tuck, Administrative Assistant, stated that this was a
request from a neighborhood group for a block party. All
signatures of homeowners had been received.
The following resolution was considered:
No. R92-055
A RESOLUTION TEMPORARILY CLOSING GATEWOOD DRIVE BETWEEN
LAFAYETTE DRIVE AND TICONDEROGA STREET ON SATURDAY, OCTOBER
31, 1992; AND PROVIDING AN EFFECTIVE DATE.
Hopkins motioned, smith seconded to approve the resolution. On
roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye",
City of Denton City Council Minutes
October 6, 1992
Page 19
Chew "aye", Perry "aye", and Mayor Castleberry "aye".
carried unanimously.
Motion
G. The Council considered approval of a resolution
supporting the North Central Texas Council of Government's policy
position on pursuing a decentralized vehicle inspection and
maintenance program.
Lloyd Harrell, City Manager, stated that the City had been asked to
lend support to a position by the North Central Texas Council of
Governments regarding decentralized vehicle inspection programs.
Under the current regulations, Denton County residents would be
required to have emissions tested as part of the yearly safety
inspection process from one centralized location. It was proposed
to decentralize the inspection sites for the convenience of the
residents.
The following resolution was considered:
No. R92-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
SUPPORTING NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S POLICY
POSITION ON PURSUING A DECENTRALIZED VEHICLE INSPECTION AND
MAINTENANCE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Hopkins seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and County of Denton for the provision of library services.
Lloyd Harrell, City Manager, stated that this resolution followed
the budget discussions. This was the contract offered by Denton
County for provision of library services. It was not a sufficient
amount to reimburse the cost of serving out-of-city residents but
if not accepted, the City would have to reduce services at the
Library.
The followinH resolution was con~id~r~d~
No. R92-060
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE
PROVISION OF LIBRARY SERVICES, AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Denton City Council Minutes
October 6, 1992
Page 20
57
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.
8. The Council considered appointment of Advisory Board Members.
There were no appointments considered at this time.
9. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. The City had hosted a successful COPS program over the
last several days for ICMA group.
B. The Nottingham Drive grand opening was tentatively
scheduled for 4:00 p.m. on the 20th of October.
Mayor Pro Tem Hopkins indicated that there was an audit committee
meeting scheduled on that date for that time.
A suggestion was made to change the audit committee meeting to 3:00
p.m. and have the opening at 4 p.m~ followed by the regular Council
meeting.
C. Staff was trying to schedule a study session for this
month to review the sign ordinance in detail. Normally that date
would be October 27th. Two council members indicated that they
would be gone for that meeting and it was suggested to change the
meeting to the 13th of October. One council member would be gone
for that session so staff was looking for an alternate date for the
study session.
Mayor Pro Tem Hopkins asked if the second week of November was not
possible for the study session.
City Manager Harrell replied that it was up to Council to decide
the date. Once the study session was completed, the Council would
probably want to do a public hearing and then take formal action.
Council Member Miller asked if it was urgent to do this so quickly.
He felt that the second Tuesday in November would be a better date.
Consensus of the Council was to hold the session on November 10.
Council Member Smith asked the Manager to give a brief review on
the long range visioning project they were working on.
City Manager Harrell stated Council Member Smith, Council Member
Miller and he met with a group of citizens and began a discussion
58
City of Denton City Council Minutes
October 6, 1992
Page 21
regarding a broad-based citizen study group to become involved with
this long range visioning project.
Council Member Smith indicated that there was good interest and
participation in the meetings she had attended.
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 Perry stated that durinq this week's cops
meeting, the consultant was very interested in involving the people
who lived in the neighborhood in every aspect of the police work
including training, etc. He felt this was a very innovative idea.
B. Council Member Miller asked about the study/
recommendation regarding televising the Council meetings.
City Manager Harrell replied that a report would be ready for the
council at the next study session.-Proposals had been received from
both universities as well as discussions with the School District.
C. Council Member Brock asked for a future discussion
regarding Laylor fund allocations and a possible re-evaluation of
the City's position.
D. Council Member Smith encouraged the Council to consider
becoming involved in the "Adopt-a-Spot" program. She would like to
see the Council consider a location to adopt as Council
participation might help further community involvement in the
project.
E. Council Member Chew asked for consideration of dates for
annual evaluation sessions for City Council employees.
12. The Council did not convene into the Executive Session during
the Regular Session.
C~IFE~WALTERS
SECRETARY
CITY OF DENTON, TEXAS
With no further business, the meeting was adjourned at 9:10 p.m.
BOB CASTLEBERRY, MA~OR~
CITY OF DENTON, TE~S
/
AC~000BE