Minutes March 02, 1993265
CITY OF DENTON CITY COUNCIL MINUTES
March 2, 1993
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, Perry, smith and Miller.
ABSENT: Cou.ncil Member Chew
1. The Council convened into the Executive Session to discuss:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Considered settlement offer in Charline Rodgers
claim.
2. Considered action in Debbie S. Wriqht v. City of
Denton.
3. Received and considered legal advice pertaining to
the requirements of the Open Meetings Act.
4. Considered claim of Goldfield's.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S.
1. Considered acquisition of an option to purchase
land near Foster Road.
2. Considered action in condemnation cases of City of
Denton v. Cole Trust No. 1, city of Denton v. John
Porter, et ux and City of Denton v. Fryman &
Wolski.
C. Personnel/Board Appointments -- Under Sec. 2(g), Art.
6252-17 V.A.T.S.
1. Continued the annual evaluations of the City
Manager, the City Attorney and the Municipal Judge.
Council Member Chew arrived during the Executive Session.
2. The Council received a report and held a discussion regarding
Section 9 Federal Transit Administration financial assistance and
gave staff direction.
This item was considered during the Regular Session under
Miscellaneous Matters from the City Manager.
3. The Council received a report and held a discussion regarding
the results of the Council's budget priority questionnaire.
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This item was. considered during the Regular Session under
Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
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
Session of February 9, 1993.
Perry 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.
Mayor Castleberry presented the following proclamations:
"Blue Ribbon Day"
"Believe It Or Not I Can Week"
"Keep Denton Beautiful Volunteer Day"
3. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance of the City of Denton, Texas, amending the sign
regulations of Chapter 33 of the Code of Ordinances by adding terms
to enhance enforcement of the ordinance in Sections 33-1, 22-121,
33-126, 33-149 and 33-166; by amending definitions in Sections 33-
2, 33-3, 33-4 and 33-91; by amending Section 33-62 regarding flags;
by amending Section 33-65 regarding wind devi~e ~ign~; by amending
Section 33-95 regarding destruction and repair; by adding a
Section 33-98 regarding nonconforming sign permits; by adding a
Section 33-127 regarding certificates of occupancy; by amending
Section 33-146 regarding manner of measurement, and illustrating
sign copy; by amending Section 33-147 regarding abandoned signs and
supporting structures; by adding a Section 33-148 regarding sign
face standards; by amending Section 33-181 regarding signs in
residential districts; by amending Section 33-182 regarding signs
in non-residential districts and particular monument signs; by
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amending Section 33-183 regarding planned development and special
sign districts; by amending Section 33-184 regarding wind devices
(banners) and temporary signs in central business districts; by
amending Section 33-211 regarding temporary signs; by adding a
Section 212 regarding wind devices (banners) and flags; by deleting
Section 33-213 regarding replacing or altering nonconforming ground
signs; by repealing Article 6 including Sections 33-211 through 33-
226 and adopting a new Article 6 and a Section 33-221 regarding
illustrations; by amending Section 33-253 regarding sign plans; by
consolidating Sections 33-254 and 33-255 regarding creation, review
of plans and criteria for sign districts; by amending Section 33-
256 regarding conditions imposed upon sign districts. (The
Planning and Zoning Commission unanimously recommended approval.)
Frank Robbins, Executive Director for Planning, stated there were
four sign issues on the agenda for this meeting. He reviewed the
sign issues which the Council had been discussing in previous
meetings. In addition to this public hearing, there was a public
hearing concerning special sign districts, an ordinance relating to
a sign permit fee for signs larger than two hundred fifty square
feet, and a resolution requesting the Texas Legislature to adopt
legislation regarding the use of logo reader boards.
The Mayor opened the public hearing.
Chuck Carpenter, Denton Chamber of Commerce, stated that he
appreciated the open line of communication between the Council and
the Chamber/business community regarding this issue. He
appreciated any positive consideration the Council could give the
proposal.
Carl Anderson, Denton Chamber of Commerce, stated that he
appreciated the Council's openness concerning this issue. He felt
that the proposed ordinance addressed the Chamber's concerns and
encouraged the Council to approve the ordinance.
David Biles, Denton Chamber of Commerce, thanked the Council for
being receptive to the concerns of the public. He urged the
Council to vote for the proposed ordinance. He felt it would
provide uniformity to the new businesses to Denton and uniformity
to current businesses. He felt that there would be a day when all
nonconforming signs would not be present. The Chamber encouraged
the Council to enforce the new ordinance. A brochure would be
prepared to inform businesses and residents of the provisions of
the sign ordinance. He thanked the Council for their help and
cooperation with the proposed ordinance.
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Joe Dodd did not feel that the passage of the proposed ordinance
would be a big issue in Denton. He stated that the Chamber of
Commerce had impressed him in this issue and felt that the Chamber
was more business oriented than it ever was. With the passage of
this proposed ordinance, the Council would be restoring rights to
the property owners. Rights that should not have been taken away
in the first place. There needed to be a very compelling reason to
take rights away from citizens. Just because someone did not want
to look at something was no reason to remove someone's property
rights. There was a distrust of government and he hoped that by
giving the citizens back some of their rights with the sign
ordinance, some of that distrust would be removed.
Mark Flegge spoke in opposition. He felt that the original spirit
of the ordinance had been lost. He asked if this was a business
issue or a visual pollution issue. He thought it was a visual
pollution issue. The change in the ordinance had been driven by
1.7% of the Denton population which was the Chamber of Commerce.
Of that 1.7% of the population, 186 respondents were driving the
issue. This was a quality of life issue. Every citizen in Denton
had to live and travel and see the signs within the community. He
did not know how many people in the Chamber of Commerce lived in
Denton. He did not think the issue would help the Denton business
community and would be a negative issue. He felt that Denton would
look like every other community outside of Dallas. The
grandfathering and face change issue would take a long time to
change. He urged the Council to be vigorous when dealing with
enforcement. He did not believe the ordinance would encourage
growth. He felt that there could not be a beautiful city and a
sign ordinance as proposed. He was looking for a user friendly
community which attracted businesses and people because of the
quality of life of which the visual aspect had a lot of impact.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 93-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN
REGULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES BY ADDING
TERMS TO ENHANCE ENFORCEMENT OF THE ORDINANCE IN SECTIONS 33-
1, 33-121, 33-126, 33-149, AND 33-166; BY AMENDING DEFINITIONS
IN SECTIONS 33-2, 33-3, 33-4 AND 33-91; BY AMENDING SECTION
33-62 REGARDING FLAGS; BY AMENDING SECTION 33-65 REGARDING
WIND DEVICE SIGNS; BY AMENDING SECTION 33-95 REGARDING
DESTRUCTION AND REPAIR; BY ADDING A SECTION 33-98 REGARDING
NONCONFORMING SIGN PERMITS; BY ADDING A SECTION 33-127
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REGARDING CERTIFICATES OF OCCUPANCY; BY AMENDING SECTION 33-
146 REGARDING MANNER OF MEASUREMENT, AND ILLUSTRATING SIGN
COPY; BY AMENDING SECTION 33-147 REGARDING ABANDONED SIGNS AND
SUPPORTING STRUCTURES; BY ADDING A SECTION 33-148 REGARDING
SIGN FACE STANDARDS; BY AMENDING SECTION 33-181 REGARDING
SIGNS IN RESIDENTIAL DISTRICTS; BY AMENDING SECTION 33-182
REGARDING SIGNS IN NON-RESIDENTIAL DISTRICTS AND PARTICULAR
MONUMENT SIGNS; BY AMENDING SECTION 33-183 REGARDING PLANNED
DEVELOPMENT AND SPECIAL SIGN DISTRICTS; BY AMENDING SECTION
33-184 REGARDING WIND DEVICES (BANNERS) AND TEMPORARY SIGNS IN
CENTRAL BUSINESS DISTRICTS; BY AMENDING SECTION 33-211
REGARDING TEMPORARY SIGNS; BY ADDING A SECTION 33-212 RE-
GARDING WIND DEVICE SIGNS (BANNERS) AND FLAGS; BY DELETING
SECTION 33-213 REGARDING REPLACING OR ALTERING NONCONFORMING
GROUND SIGNS; BY REPEALING ARTICLE VI INCLUDING SECTIONS 33-
221 THROUGH 33-226 AND ADOPTING A NEWARTICLE VI AND A SECTION
33-221 REGARDING ILLUSTRATIONS; BY AMENDING SECTION 33-253
REGARDING SIGN PLANS; BY CONSOLIDATING SECTIONS 33-254 AND 33-
255 REGARDING CREATION, REVIEW OF PLANS AND CRITERIA FOR SIGN
DISTRICTS; BY AMENDING SECTION 33-256 REGARDING CONDITIONS IM-
POSED UPON SIGN DISTRICTS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Hopkins seconded to adopt the ordinance.
Council Member Brock stated that she was committed to the idea that
there should not be ordinance which was not enforced and urged
enforcement of the ordinance. She felt that Denton did not look
like other communities surrounding Dallas/Fort Worth as parts of
Denton were very trashy. She would like to see everyone work
together to clean up areas of the City and create a more favorable
impact when others came to the City. She felt that this would be
a pro-business stand. The City would not progress unless it
projected the image of a quality city.
Council Member Miller stated that this had been a long and
interesting process. The Council had responded to the concerns of
citizens in the community regarding signs. He planned to vote for
the ordinance even though he did not agree with all the provisions
of the ordinance. There had been a considerable amount of time put
into the proposed ordinance and felt that the changes would be
beneficial for Denton. Even with the changes, the essence of the
present ordinance would be intact. With these changes, no sign
could be more nonconforming and the provisions would be more user
friendly. The sign ordinance established minimum standards. He
felt that over time more and more business people would agree with
the idea that appearance and quality of life issues were not in
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conflict with business. He hoped that in time there would be
voluntary compliance with the provisions. He did not believe that
the sign ordinance was the cause of non-economic growth in Denton.
The changes which would be made in the sign ordinance might result
in a longer period of time to get to the final goal regarding sign
compliance. He did not feel it was a beautification issue.
Everyone wanted the community to be more attractive. The
differences with the sign ordinance was how to accomplish the goal
of a more attractive city. He agreed that enforcement was crucial
but the City staff could only enforce it if Council supported the
idea of enforcement. The Council needed the businesses support for
enforcement. He thought the Planning and Zoning Commission had
done a tremendous job with the recommendations they forwarded to
Council.
Council Member Smith stated that she agreed with the other Council
Members. She had some reservations with portions of the ordinance
but felt it was a good compromise on a whole. She thanked all
those who worked on the proposed ordinance.
Council Member Perry stated that the ordinance had gone through
many processes and had presented many opportunities for public
input. He was pleased that the ordinance had many opportunities to
be discussed.
Council Member Chew thanked everyone who had worked on the sign
ordinance.
On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Mayor Castleberry expressed appreciation to the Chamber, the
Planning and Zoning Commission and the Council regarding this
issue.
B. The Council held a public hearing and considered adoption
of an ordinance amending Chapter 35, Zoning, concerning signs in
Planned Development Districts. (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.
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The following ordinance was considered:
No. 93-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING
REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES BY ADDING
SECTION 35-154.01 RELATING TO DEVIATION TO THE GENERAL SIGN
REGULATIONS BY AMENDING ARTICLE IV REGARDING PLANNED
DEVELOPMENT DISTRICTS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS
THEREOF; 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.
C. The Council held a public hearing and considered adoption
of an ordinance designating the property at 915 West Oak Street a
historic landmark under Article V of the Comprehensive Zoning
Ordinance. (The Planning and Zoning Commission and the Historic
Landmark Commission recommended approval.)
Jane Biles, Main Street Coordinator, stated that was a request from
a property owner for rezoning of a residence within the boundaries
of the Oak-Hickory Historic District. Much research had been done
regarding the history of theproperty and the application had been
very well done. The house was in its original condition from its
construction. The Preservation officer, the Historic Landmark
Commission and the Planning and Zoning Commission recommended
approval of this zoning change.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
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No. 93-031
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE
PROPERTY LOCATED AT 915 WEST OAK STREET AS A HISTORIC LANDMARK
UNDER ARTICLE V OF THE COMPREHENSIVE ZONING ORDINANCE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; 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.
D. The Council held a public hearing and considered adoption
of an ordinance amending the zoning regulations of Chapter 35 of
the Code of Ordinances relating to Historic Landmarks preservation
and Historic Districts by changing the title of Section 35-219 from
"Exterior Alterations and Changes; Ordinance Maintenance; Appeals"
to "Exterior Alterations and Changes; Minor Exterior Alteration;
Ordinary Maintenance; Appeals; Historic Landmarks" and by amending
subsection (A) of Section 35-219 entitled "Certificate of
Appropriateness" to provide for an application procedure for
proposed work in a Historic District to be filed pursuant to an
ordinance maintenance procedure, minor exterior alteration
procedure, standard procedure, or emergency procedure and setting
forth criteria for denials of applications and appeals to the City
Council and amendments to Certificates of Appropriateness; and by
repealing subsections (B), (C), (D), and (E) of said Section 35-219
relating generally to building permits. (The Historic Landmark
Commission recommended approval and the Planning and Zoning
Commission recommended approval.)
Jane Biles, Main Street Coordinator, stated that this was a change
in the historic preservation ordinance as requested by the Historic
Landmark Commission to facilitate the process that property owners
within the Oak-Hickory Historic District or property owners of a
designated landmark must adhere to when they wanted to make changes
to their property. The ordinance would provide for a three tiered
process divided into general maintenance, minor repair and a full
renovation. Under the current ordinance, minor repair to a
designated landmark or property located in the Historic District
required approval by the Historic Landmark Commission. The
proposed ordinance would allow approval of minor repairs by the
Director of the Planning Department. The purpose of the proposed
ordinance was to facilitate the property owners when minor ohang~s
were necessary. Any major renovations would still require the
approval of the Historic Landmark Commission. Appeal of staff
decisions would be referred to the Historic Landmark Commission.
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The Mayor opened the public hearing.
Judith Abbott, Chair-Historic Landmark Commission, stated that this
ordinance was the culmination of approximately six months of work.
The current ordinance required the property owner to go through a
complete hearing for minor repairs. The process would be
streamlined to make those minor changes easier for the property
owner.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
MO. 93-032
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING
REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING
TO HISTORIC LANDMARKS PRESERVATION AND HISTORIC DISTRICTS BY
CHANGING THE TITLE OF SECTION 35-219 FROM "EXTERIOR
ALTERATIONS AND CHANGES; ORDINARY MAINTENANCE; APPEALS" TO
"EXTERIOR ALTERATIONSAND CHANGES; MINOR EXTERIOR ALTERATION;
ORDINARY MAINTENANCE; APPEALS; HISTORIC LANDMARKS" AND BY
AMENDING SUBSECTION (A) OF SECTION 35-219 ENTITLED
"CERTIFICATE OF APPROPRIATENESS" TO PROVIDE FORANAPPLICATION
PROCEDURE FOR PROPOSED WORK IN A HISTORIC DISTRICT TO BE FILED
PURSUANT TO ANORDINARYMAINTENANCE PROCEDURE, MINOR EXTERIOR
ALTERATION PROCEDURE, STANDARD PROCEDURE, OR EMERGENCY
PROCEDURE AND SETTING FORTH CRITERIA FOR DENIALS OF
APPLICATIONS AND APPEALS TO THE CITY COUNCIL ANDAMENDMENTS TO
CERTIFICATES OF APPROPRIATENESS; AND BY REPEALING SUBSECTIONS
(B), (C), (D) AND (E) OF SAID SECTION 35-219 RELATING
GENERALLY TO BUILDING PERMITS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council held a public hearing with regard to the
proposed annexation of 3.85 acres located east of 1-35 and south of
Milam Road. (A-61)
Harry Persuad, Senior Planner, stated that this was the first of
two public hearings to allow interested persons to speak on the
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proposed annexation.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
There was no action on the item as this time.
F. The Council held a public hearing and considered adoption
of an ordinance amending Article II, Chapter 34 relating to
development standards and requirements in the extraterritorial
jurisdiction to define and classify two distinct divisions with
differing rules, regulations and platting requirements separated by
a regulatory line to be periodically reviewed and updates; and
providing for injunctive relief for violators thereof. (The
Planning and Zoning Commission recommended approval.)
Harry Persuad, Senior Planner, stated that the proposed ordinance
would divide the extraterritorial jurisdiction in two areas.
Division One was located within the regulatory line and Division
Two was located in the extraterritorial jurisdiction and outside
the regulatory line. The ordinance would apply the city's
subdivision regulations to Division One. The subdivision standards
of Denton County would apply to all areas located in Division Two.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following o~dinance wa~ considered:
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No. 93-033
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II
OF CHAPTER 34 ENTITLED SUBDIVISION AND LAND DEVELOPMENT BY
CHANGING SECTION 34-38 RELATING TO DEVELOPMENT STANDARDS AND
REQUIREMENTS IN THE EXTRATERRITORIAL JURISDICTION TO DEFINE
AND CLASSIFY TWO DISTINCT DIVISIONS WITH DIFFERING RULES,
REGULATIONS AND PLATTING REQUIREMENTS SEPARATED BY A
REGULATORY LINE TO BE PERIODICALLY REVIEWED AND UPDATED;
PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF; AND
PROVIDING FOP AN EFFECTIVE DATE.
Hopkins motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. Consent Agenda
Brock motioned, Smith 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
Bid #1472 - Rubber Track Backhoes/Excavators with
trailers
P.O. ~32875 - Denton Motors Inc.
Bid #1465 - Alexander Street Drainage Phase II
Bid #1449 - Fleet Vehicle
B. Plats and Replats
Considered the preliminary plat of Lot 1, Block 1,
Lone Star Par 3 Addition. The 35.864 acre site was
located approximately 384 feet east of the MK&T
railroad right-of-way, and was situated between
Loop 288 and Spencer Road. (The Planning and
zoning Commission recommended approval.)
C. Tax Refunds
Considered aDDroval of a tax refund to Denton
County Title Co./Donald E. Hanna in the amount of
$804.90.
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Considered approval of a tax refund to Source One
Mortgage/Bruce J. West in the amount of $1,170.74.
5. Ordinances
A. The Council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for purchase
of materials, equipment, supplies or services. (4.A.1. - Bid
#1472)
The following ordinance was considered:
NO. 93-034
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FORAN EFFECTIVE DATE.
Chew 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.
B. The Council considered adoption of an ordinance awarding
a contract for the purchase of materials, equipment, supplies or
services. (4.A.2. - P.O. #32875)
The following ordinance was considered:
NO. 93-035
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
Hopkins motioned, smith seconded to adopt. On roll vote, Brock
"aye", Miller "aye", HoDkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (4.A.3. - Bid #1465)
The following ordinance was considered:
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NO. 93-036
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. 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 amending
Ordinance No. 93-015 relating to the award of Bid Number 1449 for
the purchase of fleet vehicles to provide for the purchase of an
additional utility vehicle bid item ~2. (4.A.4. - Bid #1449)
The following ordinance was considered:
NO. 93-037
AN ORDINANCE AMENDING ORDINANCE NO. 93-015 RELATING TO THE
AWARD OF BID NUMBER 1449 FOR THE PURCHASE OF FLEET VEHICLES TO
PROVIDE FOR THE PURCHASE OF AN ADDITIONAL UTILITY VEHICLE BID
ITEM#2; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew 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.
E. The Council considered adoption of an ordinance of the
City of Denton, Texas, providing for a change from Agricultural
Zoning District to Single Family SF-10 (C) with condition zoning
district classification and use designation for 32.034 acres of
land located on the east side of Country Club Road approximately
920 feet south of Hobson Lane; and providing for a penalty in the
maximum amount of $2000 for violations thereof.
Frank Robbins, Executive Director for Planning, stated that the
ordinance followed the Council's request following the last public
hearing. There were five conditions included in the ordinance
which were detailed in the proposal.
The following ordinance was considered:
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NO. 93-038
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY SF-
10[C] WITH CONDITION ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 32.045 ACRES OF LAND LOCATED ON THE EAST SIDE
OF COUNTRY CLUB ROAD APPROXIMATELY 920 FEET SOUTH OF HOBSON
LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry 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.
F. The Council considered adoption of an ordinance vacating
drainage and public utility easements in Lot 2, Block A, Minter
Addition Replat to the City of Denton, Denton County, Texas. (The
Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director of Planning, stated that this
ordinance dealt with the site for the new elementary school. In
all the areas listed in the ordinance, other public improvements
would be built on other easements.
The following ordinance was considered:
NO. 93-039
AN ORDINANCE VACATING DRAINAGE AND PUBLIC UTILITY EASEMENTS IN
LOT 2, BLOCK A, MINTER ADDITION REPLAT TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS; 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.
G. The Council considered adoption of an ordinance amending
the fees for sign permits to provide a fee for signs larger than
two hundred fifty (250) square feet, for special exception
petitions, and for wind devices erected across streets. (The
Planning and Zoning Commission recommended approval.)
The following ordinance was considered:
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NO. 93-040
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES
FOR SIGN PERMITS TO PROVIDE FOR A FEE FOR SIGNS LARGER THAN
TWO HUNDRED FIFTY (250) SQUARE FEET, FOR SPECIAL EXCEPTION
PETITIONS, AND FOR WIND DEVICES ERECTED ACROSS STREETS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew 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.
H. The Council considered adoption of an ordinance
authorizing the city Attorney to approve the proposed judgement in
City of Denton vs. Ed Wolski and Virginia Fryman relating to the
extension of the runway at the Denton Municipal Airport.
City Attorney Drayovitch stated that the ordinance authorized the
affirmation and execution of the judgement that the Commissioners
had previously entered in the condemnation case. It would not be
effective until Fryman and Wolski and any lien holders had agreed
to the amount. Staff recommended approval by the Council.
The following ordinance was considered:
NO. 93-041
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF
DENTON VS. ED WOLSKI AND VIRGINIA FRYMAN RELATING TO THE
EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Hopkins motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
I. The Council considered adoption of an ordinance
authorizing the City Attorney to approve the proposed judgement in
City of Denton vs. M. T. Cole Trust Number One relating to the
extension of the runway at the Denton Municipal Airport.
City Attorney Drayovitch stated that this ordinance also authorized
execution of a judgement entered by the Commissioners with a few
changes. The changes included fencing and like use of the
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March 2, 1993
Page 16
condemned tract for livestock and grazing purposes until such time
as the City needed the property. Staff recommended approval of the
ordinance.
The following ordinance was considered:
NO. 93-042
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF
DENTON VS. M.T. COLE TRUST NUMBER ONE RELATING TO THE
EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT;
AUTHORIZING THE EXPENDITURE OF FUNDS; 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
authorizing the Mayor to execute a successive option agreement with
Roger C. Sullivan and Roger C. Sullivan Company, a Texas
Corporation for the purchase of 134.6 acres of land for future
expansion of the City of Denton Landfill.
This item was pulled from consideration.
6. Resolutions
A. The Council considered approval of a resolution allowing
the City to enter into an agricultural lease agreement with John
Bradford and J. L. Madewell for one year at South Lakes Park.
Rich Dlugas, Director of Parks and Recreation, stated that this was
a continuation of an agricultural and cattle grazing lease which
was assumed when the City purchased the 200 acre park site at South
Lakes Park from the FDIC. This was a one year lease which limited
the number of cattle on the Dropert¥.and provided for a quarterly
payment schedule. The amount of the lease was consistent with
others in area.
Council Member Miller asked if there might be a possibility that
the land could be needed before the year was out. Was there a way
out of lease before the one year period.
Dlugas stated that there was a clause which allowed the City to end
the agreement. The approval process for the grant would take
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longer than a year.
City Attorney Drayovitch stated originally there was a clause that
the agreement was terminable with 30 days notice but that had been
revised at the request of the parties.
Council Member Chew asked if the City would not be able to use the
property for anything for a whole year.
Dlugas replied that if the City received approval from the Texas
Parks and Wildlife for the grant it would already be July 31, 1993.
With design of the park, it would not be available for use until
the beginning of 1994.
City Manager Harrell stated this agreement would save maintenance
costs and would keep the grass down. In the unimproved condition,
it was unwise to encourage people to go on the property until it
was developed.
The following resolution was considered:
NO. R93-013
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGRICULTURAL, GRAZING AND FARMING LEASE WITH J.L. MADEWELLAND
JOHN BRADFORD; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Brock seconded to approve the resolution with an
amendment for a 30 day cancellation clause.
Council Member Miller asked if the tenants would be responsible for
complying with city ordinances regarding the mowing of weeds or did
the City have the responsibility of the first 100 feet.
Dlugas replied that the Parks Department would do the first 100
feet of mowing.'
City Manager Harrell stated that the City would mow on the outside
of fence adjacent to the roadway. With the fencing in place, the
cattle kept the grass down at least on the Teasley side. The City
might have to do some mowing near the residential property. The
lease did not require the tenants to do any mowing.
Mayor Castleberry suggested that there be a study done regarding
land which was agricultural exempt within the City that the
ordinance dealing with mowing 100 feet from a fence be taken out.
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Page 18
On roll vote on the main motion, Brock "aye", Miller "aye", Hopkins
"aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry
"aye". Motion carried with a 6-1 vote.
B. The Council considered approval of a resolution
requesting the Texas Legislature adopt legislation regarding the
use of logo reader boards. (The Planning and Zoning Commission
recommended approval.)
The following resolution was considered:
NO. R93-014
A RESOLUTION REQUESTING THE TEXAS LEGISLATURE TO ADOPT
LEGISLATION REGARDING THE USE OF LOGO READER BOARDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Hopkins seconded to approve the resolution.
Council Member Miller asked if it was implied that this resolution
would do away with other signs.
Frank Robbins, Executive Director for Planning, replied no.
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
apportioning emergency management equipment and property jointly
held by the City of Denton and Denton County.
Rick Svehla, Deputy City Manager, stated that the city and County
no longer had a joint venture for emergency management. This
resolution would divide the property previously used for the joint
services fairly between the City and the County.
The following resolution was considered:
NO. R93-015
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPORTIONING
EMERGENCY MANAGEMENT EQUIPMENT AND PROPERTY JOINTLY HELD BY
THE CITY OF DENTON AND DENTON COUNTY; AND DECLARING AN
EFFECTIVE DATE.
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Perry motioned,.Smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. The Council considered a request from the Denton Festival
Foundation to allow amplifiers, loudspeakers and musical
instruments at Civic Center Park on Sunday, April 25 from noon to
10:00 p.m. for the Denton Arts Fesitval.
Catherine Tuck, Administrative Assistant, stated that this was a
request from the Festival Foundation for an exemption of the noise
ordinance.
Council Member Chew asked if there were provisions that if
complaints were received, the music would be turned down.
Tuck replied yes that the duty officer at the Police Station would
be in contact with officers on site regarding any complaints about
the music.
Hopkins 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.
8. The Council considered an appointment to the Human Services
Committee.
Brock motioned, Chew seconded to postpone this item until the next
regular meeting. 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.
The Council considered the items from the Work Session which had
not been discussed earlier.
2. The Council received a report and held a discussion regarding
Section 9 Federal Transit Administration financial assistance and
gave staff direction.
Council Members Miller and Chew left the meeting.
Catherine Tuck, Administrative Assistant, presented an overview
regarding the federal funding of the Section 9 grant. Work on
promoting the system included requests for proposals for
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advertising. Staff was also contacting the marketing class at the
university of North Texas for ideas for advertising the system.
The grant request would be considered at the next Council meeting.
It would be the same amount of money as last year with a slightly
larger amount for capital and slightly smaller amount for
operations. Staff had received information that this would be a
good time to request some additional funding. This additional
funding would need a local match with some funds coming from the
private sector. Based on the proposed Section 9 funding request,
the transit system would continue to operate five fixed trolley
routes and elderly/handicap demand response service, Monday through
Saturday. Three capital budgets had been developed. The first one
was based on $121,000 of federal assistance. The second budget was
based on the capital needs in the next three years which were taken
from the Transportation Improvement Program planning document. The
third budget included only v~hicle acquisition for the next three
years.
Council Member Miller returned to the meeting.
Tuck continued that option number one for capital items was not
enough money to purchase a trolley. This option included one maxi-
bus, similar to the current Roadrunner vehicle in operation, and a
mid-size bus. If more funding became available, the City could
purchase a trolley instead of those two vehicles. This amount of
money would also allow for a public address system to allow the
driver to announce the stops along with the ability to provide for
some curb cuts to assist the handicapped. A public hearing would
be held next week for public input.
Mayor Pro Tem Hopkins asked about any increases/decreases in
ridership.
Tuck indicated on an overhead a detailed analysis of ridership by
route. Generally the ridership was moving in an upward direction
with an average of 7000-8000 riders per month. Elderly/handihop
ridership had decreased as those riders found using the trollies
was more convenient which was the intent of the transit system.
Perry motioned, Brock seconded to move ahead with the project. On
roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry indicated that Council Member Chew was on the
Board of Directors for SPAN and that was why he did not participate
in the discussion.
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Page 21
3. The Council received a report and held a discussion regarding
the results of the Council's budget priority questionnaire.
Council Member Chew returned to meeting.
City Manager Harrell stated that this was the formal start of
budget process. The first two pages of the handout, which was
included in the agenda packet, represented the cumulative total of
all of the responses received from the individual Council Members.
This told staff what was the collective judgement for Council
priorities which would help with the framing of the budget as to
what were the priorities in the community. The third page of the
handout reflected random individual observations for staff. These
observations were done to allow for discussion for other areas
which might become a recommendation to staff. Before staff pursued
any of these observations, Council needed, as a whole, to indicate
to staff that was a point the Council wished to pursue. The first
two pages represented staff direction and the third page did not.
Council Member Miller expressed a concern with the way the
questionnaire was constructed. The way he answered the
questionnaire and way he viewed the issues might be different and
might cause misinterpretation. For example, a question was ranked
based upon that particular item but it did not necessarily have to
do on how critical the item might be. He suggested a need to
revise the questionnaire as it did not reflect the concerns of the
Council.
City Manager Harrell stated that this was an attempt to tell staff,
at an early point in the process, how Council felt about what
services should be increased, decreased or kept at the same level.
That guidance was needed in order to develop the budget. If there
were a better process to get the input that Council needed to give
staff at an early stage, staff would like to explore that option.
Council Member Brock felt that the Council was being asked to
comment on the desirability of current efforts. Did Council want
to keep the efforts the same, increase efforts or decrease efforts.
That did not mean what was most important in the City. She felt
that possibly another dimension could be added which would give
that information.
Council Member Perry asked the City Manager from a practical
experience standpoint, how well the questionnaire worked.
city Manager Harrell replied that it helped give staff a general
direction on how to form the budget- There might be a need to make
another category on the questionnaire. He did not feel from a
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March 2, 1993
Page 22
staff standpoint that the questionnaire was misinterpreted. There
might be a problem on how the results were reported and
interpreted. Staff did not interpret the results in that manner.
Council Member Miller felt that there might be a need for another
set of ratings to show critical needs.
Kathy DuBose, Director of Accounting and Budget Operations, stated
that staff used a weighted scale for CIP projects and perhaps that
would be appropriate for these budget issues.
Mayor Pro Tem Hopkins stated that she agreed with Council Member
Miller. The rating was on a more, same or less scale. Council
should be asked what was more critical. Safety issues were most
important and critical rather than some leisure items which were
not critical. ~
Council Member Perry stated that he took the questionnaire
literally in regards to more, less or same level of service. When
Council got into the budget process, the terms would be set and the
priorities defined. He felt that the questionnaire worked well for
the kind of information provided.
John McGrane, Executive Director of Finance, stated that if the
questionnaire were redone, it might be done on a priority
classification rather than a weighted ranking.
Lloyd Harrell, City Manager, presented the following items:
A. The Mayor and he were going to Austin to testify for the
sales tax bill. The committee meeting was on Wednesday.
B. The DISD had called to ask the Council for a time for the
next joint meeting between the entities. Possible dates were April
7, April 16, April 20, April 21, and April 23. After discussion
with the Council, it appeared that April 7th or April 21st would be
the better dates. Harrell indicated that he would pass that
information on to the DISD.
C. Nelda Nance of the Library Would be in the civil Defense
at 4:45 p.m. March 16 to take individual pictures of the Council
for the library album.
D. Council Member Miller had asked for some background
information regarding the decision making process for the branch
library location. A handout had been provided from staff
detailing the history on how that decision had been made and
factors considered in that decision.
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10. official Action on Executive Session Items
Chew motioned, Perry seconded to grant a salary increase of 3% and
a deferred compensation increase of 4% for the City Manager, the
city Attorney and the Municipal Judge. On roll vote, Brock "aye",
Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Smith stated that the next date for the
Council Adopt-a-Spot cleanup was April 3rd in conjunction with the
city-wide cleanup date.
B. Council Member Brock asked that the process for
televising council meetings be accelerated.
C. Council Member Smith thanked Ms. Tuck for her report on
the university student meetings.
D. Council Member Perry complimented staff on their
performance on the recent bond trip.
E. Mayor Castleberry asked for a report on the possible
revision of the ordinance dealing with an agricultural exemption
for livestock.
12. There was no Executive Session held during the Regular
Session.
With no further business, the Council adjourned 9:20 p.m.
JE~'FER ~LTERS
CItY ~SECRETARY
CIT~OF DENTON, TEXAS
ACC000ED
BOB CASTL-EBERRY, TMAY~R~
CITY OF DENTON,