Minutes May 18, 1993432
CITY OF DENTON CITY COUNCIL MINUTES
May 18, 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, Chew, Perry, Smith and Miller.
ABSENT= None
1. The Council convened into the ExeCutive Session to discuss the
following=
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Considered action in Lowery v. City of Denton.
2. Considered action in Gamble v. City of Denton.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S.
Personnel/Board Appointments -- Under Sec..2 (g), Art.
6252-17 V.A.T.S. '-
2. The Council received a report and held a discussion regarding
a study of the City's Animal Control ordinances and gave staff
direction.
Catherine Tuck, Administrative Assistant, stated that at the
request of the Council several options had been outlined in review
of the City's Animal Control ordinances. Ms. Tuck first updated
the Council on the Texas Department of Health and the Hartfelt
facility. Earlier that.day, Animal Control officers were notified
by the Denton Humane Society that animals thathad not been seen
before were .out in the run at the Hartfelt facility. The Animal
Control officers noted on their log the animals which were in the
run and attempted to-report such to the Texas Department of Health.
The TDH had been tied up with calls concerning the plague, and
Animal Control was unable to reach Dr. Murnane. Staff continued to
ask for a written response from TDH to the Mayor's original letter
concerning their position and whether they were doing anything or
to the info~uation that the Humane Society provided which was also
forwarded to the TDH.
Ms. Tudk stated that four options were outlined in the backup. The
first option outlined an inspection ordinance as part of the
permitting process for commercial animal holding facilities which
were those that were open to the public. Standards needed to be
adopted on which to base the inspections. The ordinance would not
address facilities like Hartfelt which considered their facility
private, nonprofit and were not necessarily open to the general
public or private residences.
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City of Denton City Council Minutes
May 18, 1993
Page 2
Council Member Brock questioned why Hartfelt was considered a
private, non profit organization.
Ms. Tuck stated that they were not a business like a pet store or
a holding facility like a kennel that opened to the public.
Hartfelt denied the City's Animal Control officers access to their
facility saying they were a private agency and not open to the
public. One must call and make an appointment to look at animals
at the Hartfelt facility. Most ordinances from other cities
outlined the definition of a commercial facility and did not
include a humane organization.
Council Member Brock questioned whether anyone could call
themselves a humane society and were not required to meet any
particular standards or be chartered with the .state.
Ms. Tuck stated that as far as she knew, the facilities were not
required to meet any standards or be chartered by the state.
Option IV outlined a bill before the State Legislature which made
revisions to the current Animal Shelter Act. Currently, no
permitting for the shelters was in place, and TDH did not even have
a list of what shelters were operating. Ms. Tuck stated she was
not sure what Denton County required for non profit status as
opposed to a commercial organization.
Debra Drayovitch, City Attorney, stated that in order to qualify
for tax exempt status, any humane society needed to go through
rigorous submissions to the IRS. Ms. Drayovitch stated she
believed that in the definition of kennel or commercial operation
that the exemption was for those that were charitable, non profit
organizations that had that kind of funding.
Council Member Brock questioned whether a facility could be a
private, non profit facility and still not have tax exempt status.
City Attorney Drayovitch stated that in legal terms that was
possible.
Council Member Miller asked that in drafting the ordinance for
Option I, it cover the kinds of operations or activities where
animals were adopted and not be based on the legal status. Whether
a facility was profit or non profit was not as important. The
ordinance should be concerned about the safety and health both of
the citizenry and animals.
Ms. Tuck stated that Noni Kull, the Animal Control staff, and a
representative from the Legal staff explored the possibility of
drafting the ordinance based on operations and activities and tried
to define a holding facility for animals whether the facility was
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Denton City Council Minutes
1993
.al or nonprofit. One problem was how to differentiate
citizens with a number of animals and the facility that
animals out for profit. Staff determined that the
.on was easier to tie to the number of animals as outlined
~n II. The problem with a clear definition was finding one
lressed both Hartfelt and the Roselawn situation which was
;e residence holding a number of animals.
Member Cott asked if the staff had contacted A & M to see
had an experience like Denton's.
.i, Environmental Health Services Manager, stated that her
training and certification was from Texas A & M, and she had all of
their dgcumentation on the legal aspects of animal control. Texas
A & M qsually referred animal control facilities to their local
health~ontrol agency.
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copies of ordinances from them. If one of the options
~d or any other option was the Council's wish, staff planned
~ed full force. Staff was requesting the general direction
City Council and would work out details and wording.
Member Cott stated that one page of the back up material
~nues for various years, and he assumed the options were
the revenues. Since no costs were reported, Council Member
not sure how to read the report. One of the options was
produce revenue and generated a cost. Council did not
cost currently generated by what city did now.
stated that the Animal Control operating budget was
lately $66,000 without personal services where the majority
were.
lrrell, City Manager, stated that the page referred to
.ng revenues was not directly tied to any of the four
but was included to give Council a feel for the staffing
md workload requirements for the current Animal Control
~n. As Council reviewed the four options, Option III gave
he tools needed to get at the Hartfelts and Roselawns.
Lought that a more limited approach may get the city where
d to go without having a major impact on the Animal Control
~n. The real concern was that if Council settled on Option
lat the option had a major impact on city operations, and
had to make some budget accommodations.
Member Cott stated that the back up mentioned that Denton
incurred $39,150 in expenses, and he questioned if the
fas current on their bill.
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City of Denton City Council Minutes
May 18, 1993 '
Page 4
Ms. Kull stated that there had been some problems in the'past and
payments were slow but now they were worked out.
Council Member Brock asked if the annual revenues on the chart
through April 30 of this year were revenues from fines or where did
they come from.
Ms. Kull stated that the revenues were not fines, but fees for
animals that were redeemed from the shelter that had been impounded
or for registration of animals. The revenue figure did not include
fines.
Council Member Brock asked what sort of accounting was done for the
fines and where did the revenue go.
Ms. Kull stated that fines Were part of the Municipal Court
operation revenue and staff would be happy to secure that
information.
Council Member Perry questioned that if the Council tried to do
some enforcement revisions now with the State bill in the
legislature was the city liable to run into some problems and
perhaps Council should wait to see the results of the State bill.
Ms. Tuck stated that the current bill in the legislature required
a suspension of the rules to come out of the Senate. The bill
needed to come out of the Senate by last Thursday in order for it
to be considered in the appropriate way. The bill was not dead
yet, but it appeared as if it were not.going to make it. Staff
continued to monitor the legislature. The Animal Sheltering Act
improved the State's reaction to the kinds of situations
encountered in Denton.
The Mayor asked if Council felt as if they should wait and see if
there were any action by the LegislatUre to enable the Council to
make a more educated decision.
Council Member Smith agreed with the Mayor and felt the Council
needed to fill the holes the Legislature left because she was
appalled that there was no licensing or control of places like
Hartfelt.
Council Member Miller requested a week to week update on the status
of the bill and then putting the Animal Control Ordinance options
back on the agenda as soon as the city knew what the provisions of
~the State law were!m-~,d what options the city needed to do to
coordinate with the State bill to bring the Denton code up to date.
The consensus of the Council was to continue to monitor the State
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City of Denton City Council Minutes
May 18, 1993
Page 5
legislation and to bring the Animal Control Ordinance options back
to Council after the decision had or had not been made by the
Legislature. In the interim, the Mayor would assist staff in
obtaining a written reply to the city's letter and subsequent
info~mation supplied to the State veterinarian and TDH.
3. The Council received an update and held a discussion regarding
the request from the Town of Copper Canyon to annex a portion of
Denton's ETJ and gave staff direction.
Rick Svehla, Deputy City Manager, stated that at the end of April
representatives from the town of Copper Canyon requested that the
City of Denton release a portion of their extraterritorial
jurisdiction to Copper Canyon for annexation. At the same meeting,
the City of Denton allowed Highland Village to annex within
Denton's ETJ which provided % corridor for 2499. Because of the
location of Hickory Creek and the area requested, the City of
Denton had a difficult time servicing the area with utilities,
police and fire. A resolution of Support for the 2499 project from
the City of Copper Canyon had been provided as Council requested.
Council Member Chew questioned whether the letter of support for
2499 was in hand and part of the official record.
Mr. Svehla stated that the City of Denton was provided with a copy
of the resolution of support for 2499, and it was a part of the
record.
The Mayor questioned if there was a possible problem with Copper
Canyon not being agreeable to the City of Denton city limits line
across the northern portion of the area in question.
Mr. Svehla explained that CounciI was being requested to relinquish
ETJ authority in one area and that Copper Canyon could not legally
annex within the city limits.
Council Member Brock questioned whether even with the resolution of
support could there be a way Copper Canyon might sabotage the 2499
Droject.
Council Member Cott, who was an original member of the 2499 Project
Board, stated that the project got sidetracked because of negative
people from the City of Copper Canyon. The resolution of support
was based on the assumption that there was no change in alignment
of 2499 in the future. The Ci't~ of Copper Canyon was allowed to be
a member of the 2499 project but contributed no funds to support
the project. Mr. Cott stated that unless the-city were certain
there was no change in alignment the city needed to refuse the
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City of Denton City Council Minutes
May 18, 1993
Page 6
request. .
Mr. Svehla stated that Copper Canyon had been on record for a long
time stating that they did not want the 2499 project in their city.
Because of the finalization of the annexation by Highland Village
and because the alignment had always been more to the east of
Copper Canyon, a gap was established for the 2499 'project.
Predetermination of the alignment was a problem because TXDOT and
federal funds would not allow it because of the environmental
process and other processes required before alignment was
determined. Because of the many possible alignments which had been
discussed and which could either be in Denton's or Corinth's ETJ,
Mr. Svehla felt that Copper Canyon could not sabotage the project.
Mr. Harrell stated that from the staff's standpoint that it was
advantageous to have everyone in the corral when visiting TXDOT to
argue for funding. By getting Copper Canyon on record in favor of
the 2499 project, Denton neutralized Copper Canyon's opposition to
the project and helped the long range strategy for the project.
Council Member Cott stated his concern wasthat previous statements
to TXDOT by Copper Canyon were not forgotten.
Mr. Svehla stated that some people around the area in question had
requested annexation. Copper Canyon was a general law city which
only did annexations by request. With the Copper Canyon resolution
in hand, Denton could say they had been to the table many times to
assist them.
Council Member Miller stated that a lot of emphasis had been put on
the 2499 project at the Region TranspOrtation Council. The project
had gotten good hearings from both RTC and the TXDOT so the 2499
project had been put on the highway system. Funding was available
for the studies.
Council Member Brock stated that she admired the City Manager's
skill in extracting the agreement from Copper Canyon.
Council Member Cott asked if Lake Sharon folks still objected'to
the 2499 project.
Mr. Svehla said that Lake Sharon was not overjoyed and every effort
was made to use trees and natural barriers to stay away from the
.retreat area.
The consensus of~ithe Council was to move ahead with Copper Canyon's
request.
4. The Council received a report and held a discussion regarding
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City of Denton City Council Minutes
May 18, 1993
Page 7
construction of a road from Bonnie Brae Street to a new parking lot
for the North Lakes Sports Complex and gave staff direction.
Rich Dlugas, Director of Parks and Recreation, stated that the
request was for the city to accept a two and one half acre tract of
property located north of Windsor and east of Bonnie Brae from
Newton Rayzor. Acceptance of the property allowed the city to
build an access road from Bonnie Brae into the new sports complex
at North Lakes Park.
Mr. Dlugas stated that the North Lakes Homeowners Association and
residents of the North Lakes area expressed concern over the
initial development of the complex and the future 300 car parking
lot in which cars exiting the lot ran through the existing 125 car
parking lot and-emptied out onto Windsor Drive. Past problems with
cars exiting the existing lot and coming down Parkside and through
the neighborhood creating a dangerous situation increased with the
new lot. The new road created a safer environment.
Mr. Dlugas proposed constructing the road with project savings.
The road cost was approximately $80,000 and the funds came from
three sources~ the road which connected the new lot with the
existing lot would not be built for a savings of approximately
$28,000~ savings from lighting of fields while keeping at
recreational lighting levels as at all other complexes would save
approximately $43,000} and approximately $12,000 interest earnings
from the 1986 CIP transportation and engineering projects. The
Park Board and the North Lake Homeowner Association gave their
approval and the interest money from the 86 CIP bond issue had been
approved by the '91 Committee.
Mr. Harrell stated that the project was one Mr. Dlugas took on
which most thought was difficult to accomplish. Mr. Dlugas had
done a great job cutting other elements of the program to get the
required amount of money needed to build the road.
Council Member Chew asked if Mr. Dlugas thought that the road
project really took the traffic off of Parkside.
Mr. Dlugas stated that signage was needed to direct people to use
Bonnie Brae to access the soccer complex. The only entrance to the
new pa~king lot was from Bonnie Brae.
Council Member Smith applauded the entire plan and expressed
concern about any place that had only one route in and out. Smith
recommended that the Council accept the dedication of the land for
the new road.
The Mayor asked if the new road was a drive or was it a dedicated
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City of Denton City Council Minutes
May 18, 1993
Page 8
street with a name.
Rick Svehla, Deputy City Manager, stated that the land was
dedicated as a roadway.
The Mayor recommended that when the time came to put a name on the
street the city consider naming it for Rayzor.
Council Member Brock stated that some mistakes were made in the
past when the park was divided by an east/west thoroughfare and she
felt better that the 300 cars were directed to Bonnie Brae.
Council Member Chew stated that it was important to make sure
signage was correct so that folks used the new lot.
Mr. Svehla stated that in the beginning calling the new road Soccer
Field Drive and renaming the road as Rayzor developed the area.
The consensus of the Council was to accept the donation of land and
to build the new road from Bonnie Brae Street to a new parking lot
for the North Lakes Sports Complex.
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 Special
Call Session of April 13, 1993, and the Regular Session of April
27, 1993.
Perry motioned· Smith seconded to approve the minutes as presented.
On roll vote· Brock "aye", Cott "aye" Miller "aye", Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. The Council considered a request from Josten's for special
permission to perfo~.~ construction work from 5/5/93 - 5/21/93
Monday through Saturday from 7.'00 p.m. - 5:00 a.m.
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May 18, 1993
Page 9
Frank Robbins, Executive Director for Planning and Development,
stated that Josten's was requesting special permission to perform
construction work from May 5, 1993 through May 21, 1993, Monday
through Saturday from 7:00 p.m. to 5:00 a.m as provided for in
Section 20-1 of the Code. Staff gathered neighbors and
representatives from Josten's together to visit about the issue.
Concern from the neighbors was not so much about noise, but the
neighbors wanting to know what was going on.
Council Member Cott stated that Mr. Robbins was correct. He
believed that what happened was a matter of communication. People
who do work after hours needed to consider the neighborhood.
Mr. Zack Adcock, 3400 Joyce Lane, from Josten's stated that
Josten's should have spoken to the neighbors. Because of all the
expansion work done the year before with no complaints, Josten's
assumed everything was all right. Josten's was requesting the
variance mainly out of concern for the safety of the employees.
Workers were trying to work during daytime hours to comply with the
ordinance but asphalt and gravel fell on employees. Plastic had
been put on the ceiling for protection but caused a potential fire
hazard.
Smith motioned, Chew seconded approval for special pe~mission to
perform construction work. On roll vote, Brock ,'aye", Cott "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance with regard to the annexation of 3.85 acres located
east of 1-35 and south of Mllam Road. A-61 (The Planning and
Zoning Commission recommended approval 7h0.)
Frank Robbins, Executive Director for Planning, stated ~hat the
annexation process was initiated back in January by Loves. Council
first saw the item in February when staff was directed to follow
the approved schedule. This was the second reading of the
ordinance with no change in the area to be annexed since initiation
of the proceeding. The city had two public hearings, and there had
never been any opposition. The ordinance annexed the property,
adopted a service plan for how the city provided services to the
property, and zoned the property agricultural. The following item
on the agenda zoned the property being annexed and the area where
Loves Truck Stop was currently to a Commercial Zoning District.
The Mayor opened the public hearing.
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City of Denton City Council Minutes
May 18, 1993
Page l0
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Brock stated that on page two in the plan for
providing services was discussion of water and sewer main
extensions, lift stations, etc. installed by the developer. The
plan stated that the developer was entitled to reimbursement of the
costs for such facilities from pro rated charges. Ms. Brock asked
if the city had not had a court decision or a new state requirement
in the last year that made using pro rated charges a problem.
Mr. Robbins stated that the service plan outlined was the standard
used in all service plans. Thecity's subdivision land development
regulations had a provision'for pro rata charges that were repaid
to a developer in the situation where the initial developer
oversized the line and another developer hooked on. The second
developer paid a pro rata charge to the first developer.
The following ordinance was considered:
NO. 93-079
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 3.85 ACRES
OF LAND LOCATED EAST OF AND ABUTTING THE 1-35 SERVICE ROAD,
SOUTH OF MILAM ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED
PROPERTY; APPROVING AGRICULTURE (A) DISTRICT ZONING
CLASSIFICATION ANDUSE DESIGNATION FOR THE PROPERTY; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND DECLARING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance rezoning 5.1312 acres from an Agriculture Zoning
District and Commercial conditioned to a Commercial Zoning
District, with certain conditions. The tract was located on the
southeast corner of Milam Road (FM 3163) and Interstate 35. Z93-
006 (The Planning and Zoning Commission recommended approval 7-0.)
Frank Robbins, Executive Director for Plannin~,~ stated that the
ordinance rezoned the area annexed in the previous ordinance.
Essentially, the ordinance had the same conditions and same zoning
district as were applied in the area in the ordinance passed
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City of Denton City Council Minutes
May 18, 1993
Page 11
February 16, 1993. The only substantial difference in the zoning
district and the standards or conditions between the current
request and the one passed on February 16th was in number two which
stated the pervious surface of not less than 80% of the lot. The
previous ordinance stated it was 71%. Planning and Zoning
recommended approval. One notice was returned in approval of the
rezoning from the landowner.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Brock stated that from the back up materials there
was not a problem with intensity. Ms. Brock stated that the land
use regulations in the city's development plan allowed for more
intense centers ina low intensity area. Ms. Brock asked how much
more development was possible at the intersection or in the area.
Mr. Robbins stated that what was at the intersection now was what
the zoning district allowed. On February 16, it was zoned for
existing use and no substantial change to intensity allocation.
The restaurant had been expanded and renovation of the entire
facility had occurred.
The following ordinance was considered:
NO. 93-080
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE OF 3.8543 ACRES OF LAND FROM AGRICULTURAL (A) TO
COMMERCIAL (C-c) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION WITH CONDITIONS AND CONSOLIDATING SUCH ACREAGE
WITH 1.2777 ACRES OF LAND ZONED COMMERCIAL WITH CONDITION (C-
c) PURSUANT TO ORDINANCE 93-022 TO FORM A 5.1312 TRACT OF LAND
LOCATED ON THE SOUTHEAST CORNER OF MILAM ROAD (FM 3163) AND
INTERSTATE 3~; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
The following items were considered out of order.
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City of Denton City Council Minutes
May 18, 1993
Page 12
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to sign and submit to the U. S.
Department of Housing and Urban Development a Final Statement of
Community Development Objectives and Projected Use of Funds. (The
Community Development Block Grant Committee recommended approval.)
Barbara Ross, Community Development Administrator, stated that the
resolution allowed the city to submit the final statement to the
U.S. Department of Housing and Urban Development.
Council Member Smith stated that she questioned Ms. Damico at a
previous Work Session on the AIDS Denton Corporation. Council
Member Smith had been provided information on the management of the
organization which called it into question. Council Member Smith
asked if there were any way Council could delay action on that one
section until the organization was investigated further.
Ms. Ross stated that Council could delay the entire statement but
not one portion. The city had a deadline of June I to get
statement into HUD.
COuncil Member Smith questioned the management and board of AIDS
Denton, whether or not there was a charter and bylaws, and what
sort of organization it was and was it run ina businesslike
manner.
Ms. Ross stated that AIDS Denton had to have 501(c)3 status in
order for the city to contract out with them which meant they had.
to be incorporated and have a board of directors. The program
funded by the city was specifically the nutrition program and that
was the only activity funded.
Council Member Miller stated that the recommendation given at a
previous work session from the Human Services Committee and
coordinated with CDBG was a preliminary report that had not been
approved by Council.
Ms. Ross stated that the Human Services report given previously
included both CDBG recommendations which were in the final
statement and the recommendations for general-fund dollars. The
CDBG final statement needed to be submitted before decisions were
made on the budget.
Council Member Miller stated that he did not think final approval
had been given for the funds and approving the Final Statement gave
approval.
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City of Denton City Council Minutes
May 18, 1993
Page 13
City Manager Harrell stated that two separate pots of money were
coordinated by the Human Services Committee. The general fund
portion was a substantial increase over the current budgeted
amount. That segment of the request was to be addressed in major
budget issues with a dollar determination of how much general fund
dollars Council wished to allocate. The Human Services Committee
then reprioritized and brought their request back to Council for
approval. Block Grant dollars were on different time schedule that
required submission by June i and final action on the Human
Services recommendations as related to the Block Grant funds. The
Block Grant Committee had set aside $100,000 for-social services
and asked Human Services to recommend specifics for that money.
Ms. Ross stated that the Human Service Committee was aware that the
agencies funded with CDBG funds were likely to get approval of
their funding ahead of time and some agencies recommended for
general fund dollars may not be approved.
City Manager Harrell stated that Council had not given any kind of
approval for the recommendations from the Human ServiCes Committee
and. if Council were inclined to change allocations prior to
submittal, they could do so.
Council Member chew stated that since the funding for AIDS Denton
was for $5,000 for the nutrition program that he hated to see the
whole program delayed.
Council Member Cott stated that the figures presented were income
figures and asked what were the costs involved to administer the
programs.
Ms. Ross stated that the cost to administer all of the projects was
projected to be $175,000.
Council Member Cott asked if staff was sure that there were no
overruns.
Ms. Ross stated that the amount allocated was the amount spent. As
the city got to the end of the funds, money spent on the program
ceased until another allocation was available.
Council Member Brock requested that next year Council have a little
more time to investigate the program requests,
Ms. Ross stated that CDBG Committee agreed with new procedures for
next year.
Barbara Adkins, 1213 Locust, representing HOPE spoke in support of
the effort of the Human Services and CDBG Committees and asked the
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City of Denton City Council Minutes
May 18, 1993
Page 14
City Council to consider the pressure on the service agencies not
only for new programs but also for the continuation of ongoing
programs. The requirement to provide shared or matched funding
support from the city or the community ensured, other sources of
grant funding availability. HOPE had a continued need for support
to ensure five year grant monies continued to come to Denton.
The following resolution was considered=
No. R93-026
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT A FINAL STATEMENT OF OBJECTIVES AND
PROJECTED USE OF FUNDS WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry moved, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution renaming
the Community Development Block Grant Committee as the Community
Development Advisory Committee. (The Community Development Block
Grant Committee recommended approval.)
Barbara Ross, Community Development Administrator, stated that the
resolution was for a name change based on the increased.scope of
responsibility for funding which required committee advice.
The following resolution was considered=
No. R93-027
A RESOLUTION OF THE CITY OF DENTON, TEXAS RENAMING THE
COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEE AS THE COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE; AND PROVIDING FOR ANEFFECTIVE
DATE.
Chew moved, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D.. The Council considered approval of a resolution
temporarily closing Charlotte Street from Avenue H to a point
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May 18, 1993
Page 15
designated by the driveway at 2520 Charlotte Street on JUne
1993.
Catherine Tuck, Administrative Assistant, stated that the request
for a street closing was the third annual request from the Owsley
Coalition-for a family block party on Friday, June 4, from 4-8 p.m.
The request included an area of Charlotte Street from 2520
Charlotte Street to Avenue H. Police allowed people in and out of
area.
The following resolution was considered~
NO. R93-028
A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN
2520 CHARLOTTE STREET ~ND AVENUE H ON FRIDAY, 'JUNE 4, 1993;
AND PROVIDING AN EFFECTIVE DATE.
Brock moved, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion.carried
unanimously.
E. The Council considered approval of a resolution
temporarily closing North Lake Trail between Bowling Green and
Auburn Streets on Sunday, June 13, 1993.
Catherine Tuck, Administrative Assistant, stated that the request
to close North lake Trail between Bowling Green and Auburn Streets
on Sunday, June 13, 1993, from 1:30 p.m. to 6:00 p.m. was from the_
North Lake Trail Homeowners Association for an annual block party.
The petition included in the back up had the signatures of
homeowners along the area requested to be closed~
The following resolution was considered:
NO. R93-029
A RESOLUTION TEMPORARILY CLOSING NORTH LAKE TRAIL BETWEEN
BOWLING GREEN STREET AND AUBURN STREET ON SUNDAY, JUNE 13,
1~93; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry moved, Cott seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously. -
F. The Council considered approval of a resolution by the
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May 18, 1993
Page 16 ~ ....
Council of the City of Denton, Texas relinquishing in favor of the
Town of Copper Canyon approximately 350 acres of land within its
Extraterritorial Jurisdiction so that the Town of Copper Canyon may
institute annexation proceedings with respect to such area.
Tom Rogers, 821 E. Woodglen Dr., Copper Canyon stated that at the
public meeting in Copper Canyon the night before.the BishOp family
requested annexation into Copper Canyon. Mr. Rogers stated that
Mr. Bishop had originally requested to bring two parcels of land
into Copper Canyon. One was on the east side of Bishop Road which
was in the area of ETJ released to Highland Village. The request
for annexation for that piece of land had been dropped. Mr. Bishop
requested Bishop Road and his property west of Bishop Road to be
annexed by Copper Canyon. The City of COpper Canyon passed a
resolution in support of 2499 as requested by Denton and had
supplied a copy to the City Council.
Doug Harp, Mayor of Copper Canyon, 940 Rolling Acres Dr., Copper
Canyon, extended his appreciation to City of Denton staff members
for their assistance. Mr. Harp requested City Council's favorable
review of the resolution to be considered. In good faith, Copper
Canyon's Resolution 93-4 was prepared and passed. The resolution
addressed areas of. common interest and understanding and recognized
Copper Canyon's support of FM 2499 through the area recently
released to Highland Village.
The following resolution was considered:
NO. R93-030
· A RESOLUTION OF THE CITY OF DENTON RELINQUISHING APPROXIMATELY
350 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION TO
THE TOWN OF COPPER CANYON SO THAT COPPER CANYON MAY INSTITUTE
ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND
PROVIDING AN EFFECTIVE DATE.
Chew moved, Miller seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
The Codncil returned to the regular agenda order.
5. Consent Agenda
Perry moved, Smith seconded to approve the Consent Agenda. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
448
City of Denton City Council Minutes
May 18, 1993
Page 17
ae
Bids and Purchase Orders:
2.
3.
4.
5.
6.
Bid #1479 - Brush Chipper "
Bid #1488 - Roll-Off Refuse Containers
Bid #1490 - Irrigation Materials and Controls
Bid #1496 - Distribution Transformers
Bid #1500 - Insulated Power Cable
Bid #1483 - Mozingo Street 8" Water Line and 8"
Sewer Line
Bid #1484 - McCormick Street Sanitary Sewer
P.O. #34357 - Triad On-Site Systems
Be
Tax Refunds
1. Jimmy Dale Brown - $653.12
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competftiVe bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1479; 5.A.2. - Bid
#1488; 5.A.3. - Bid #1490; 5.A.4. - Bid #1496; 5.A.5. - Bid #1500)
The following ordinance was considered:
NO. 93-081
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Smith moved, Chew seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.6. - Bid #1483; 5.A.7. - Bid
#1484)-
The following ordinance was considered:
N~.:: 93-082
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
449
City of Denton City Council Minutes
May 18, 1993
Page 18
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith moved, Chew seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with Triad OnSite
Systems for professional serVices relating to asbestos consulting
and project management at Denton Municipal Center (DMC). (5.A.8. -
P.O. #34357)
The following ordinance was considered:
NO. 93-083
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH TRIAD ONSITE SYSTEMS, INC. ASBESTOS REMOVAL
CONSULTING SERVICES RELATED TO THE RENOVATION OF THE DENTON
MUNICIPAL COMPLEX; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND DECLARING AN EFFECTIVE DATE.
Chew moved, Miller seconded to adopt the ordinance. On roll vote,
Brock ,aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry '!aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance repealing
Resolution No. R92-028; authorizing the City Manager to sign and
submit an amendment to the 1990 Final Statement of Community
Development Objectives and Projected Use of Funds submitted June
22, 1990 to the U. S. Department of Housing and Urban Development
with appropriate certifications. (The Community Development Block
Grant Committee recommended approval.)
Barbara Ross, Community Development Administrator, reported that
the ordinance allowed the city to provide $100,000, originally set
aside for affordable housing, to the Southern Hotel or the Crawford
Building elderly project. The Denton Housing Authority received
$811,000 from the Texas Department of Housing and Community Affairs
and $900,000 from' the Federal Home Loan Bank to be used for
rehabilitation and new construction. The additional fUnds were
requested to assist the Denton Housing Authority to complete some
of the common areas in the old hotel building.
Council Member Cott stated that the backup stated additional
financing was to be obtained from Bank One and First State Bank and
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City of Denton City Council Minutes
May 18, 1993
Page 19
asked how many dollars were being considered.
Ms. Ross stated that the projected cost from a single contractor'
was $2.6 million.
Council Member Cott asked that in addition to the money all ready
raised the city was going to borrow $800,000.
Ms. Ross stated that the Denton Housing Authority planned to borrow
$800,000 against the housing tax credits.
Council Member Cott asked if city taxpayers were responsible for
the additional monies borrowed.
Ms. Ross stated that the Denton Housing Authority borrowed the
funds and the funds were paid back by the sale of the tax credits.
The Denton Housing Authority operated the facility as part of the
operation of the total Housing Authority and expected to receive
Section 8 assistance which provided housing assistance payments for
the operation of the facility.
The following ordinance was considered:
NO. 93-084
AN ORDINANCE ADOPTED BY THE CITY OF DENTON, TEXAS, REPEALING
RESOLUTION NO. R92-028; AUTHORIZING THE CITY MANAGER TO SIGN
AND SUBMIT AN AMENDMENT TO THE 1990 FINAL STATEMENT OF
COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS
SUBMITTED JUNE 22, 1990 TO THE U. S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED; AND PROVIDING AN
EFFECTIVE DATE.
Chew moved, Brock seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance amending
the 1992-93 budget of the City of Denton, Texas by appropriating
the sum of ten thousand dollars ($10,000)~ from the unappropriated
reserve account of the Keep Denton Beautiful Board to account
number ; and providing for publication hereof.
Cecile Carson, Community Improvement Coordinator, stated that the
Keep Denton Beautiful Board over the last number of years had
various programs which provided landscaping to various locations
City of Denton City Council Minutes
May 18, 1993
Page 20
451
throughout the community. During the last year one of the programs
was to have landscape Adopt-a-Spots. When the budget was prepared
for the reserve account under the city's Community Improvement
division, staff had not anticipated the popularity of the program
and had not budgeted dollars to help in a matching situation. The
ordinance before Council and recommended by the Keep Denton
Beautiful Board requested $10,000 be transferred from the reserve
account which were dollars generated from drop off recycling
programs, corporate donations, and membership fees to be used in
the landscaping account to work as matching programs with labor and
assistance to the groups. Approximately $26,000 remained in the
reserve account for funding programs in future years.
Council Member Cott asked how long the $10,000 would last.
Ms. Carson anticipated that the $10,000 covered six to seven
projects of approximately $1200 each. Currently, three projects
were to be funded in the next month to six months and three more
projects before the end of the fiscal year-. Provisions for the
program were made in the next fiscal years budget.
The following ordinance was considered:
NO. 93-085
AN ORDINANCE AMENDING THE 1992-93 BUDGET OF THE CITY OF
DENTON, TEXAS BY APPROPRIATING THE SUM OF TEN THOUSAND DOLLARS
($10,000) FROM THE UNAPPROPRIATED B~T.ANCE OF THE RESERVE FUND
TO THE KEEP DENTON BEAUTIFUL BOARD TO ACCOUNT NUMBER 631-024-
0806-8964; AND PROVIDING FOR PUBLICATION HEREOF; AND DECLARING
AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock ,aye", Cott "aye", Miller. "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance accepting
the dedication from Rayzor Investments, Ltd. of a certain lot,
tract, or parcel of land situated in-the N. H. Meisenheimer Survey
A-810 Denton County, Texas and containing 0.561 acres of land, for
street'and utility purposes.
The following ordinance was considered=
NO. 93-086
AN ORDINANCE ACCEPTING THE DEDICATION FROM RAYZOR INVESTMENTS,
LTD. OF A CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN
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City of Denton City Council Minutes
May 18, 1993
Page 21
THE N. H. MEISENHEIMER SURVEY A-810 DENTON COUNTY, TEXAS AND
CONTAINING 0.561 ACRES OF LAND, FOR STREET AND UTILITY
PURPOSES; AND DECLARING AN EFFECTIVE DATE.
Perry moved, Brock seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance approving
rate schedules and service regulations for Texas Utilities Electric
Company, providing an effective date therefor, providing conditions
under which such rate schedules and service regulations may be
changed, modified, amended or withdrawn, finding and determining
that the meeting at which this ordinance is passed is open to the
public as required by law.
Robert Nelson, Executive Director for Utilities, stated that on
January 22, 1993, TU Electric filed a petition to increase the
rates 15.3% effective February, 26, 1993. On February 6, the City
Council approved an ordinance suspending the'proposal for 90 days
which was about at an end. The City Council had three options
regarding the proposal which included denying the proposed rates or
approving the rates, which TU would appeal to the Public Utility
Commission, or accepting what the PUC declared and determined as a
fair and equitable rate to the 700 TU customers within the City of
Denton. Since either option one and two was to be appealed and the
city trusted the Public Utilities Commission Judgement in reviewing
the fair and equitable rates for TU, staff recommended the city
accept what the PUC approved by adopting the proposed ordinance.
Mr. Nelson also stated that James Loveday, local manager for TU
Electric, was in the audience for any comments or questions.
Council Member Cott questioned whether in 1985 when the City of
Denton franchised TU Electric and received 3% gross receipts
franchise fee, the people in the area served by TU were given a
permanent choice of either service.
Mr. Nelson stated that some areas were dual certified which meant
the customers had a choice of either TU or Denton Municipal
Utilities with some areas triple certified with Denton Electric
Coop.
Council Member Cott suggested that the customers be notified during
the same month annually that they had a choice.
Mr. Nelson responded that was not done at present, but the policy
could be adopted by Council. Current TU customers with a concern
for service could petition the Council-to review the certification
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City of Denton City Council Minutes
May 18, 1993
Page 22
and services.
City Manager Harrell recommended the policy be deferred to PUB for
discussion and guidance.
Brock motioned and Smith seconded that the policy of notifying dual
and triple certified customers annually be referred to the Public
Utilities Board for consideration.' On roll vote, Brock "aye",
Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perr~ "aye",
and Mayor Castleberr~ "aye". Motion carried.
The following ordinance was considered:
NO. 93-087
AN ORDINANCE APPROVING RATE SCHEDULES AND SERVICE REGULATIONS
FOR TEXAS UTILITIES ELECTRIC COMPANY~ PROVIDING AN EFFECTIVE
DATE THEREFOR~ PROVIDING CONDITIONS UNDER WHICH SUCH RATE
SCHEDULES AND SERVICE REGULATIONS MAY BE CHANGED, MODIFIED,
AMENDED OR WITHDRAWN~ FINDING ANDDETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW~ AND DECLARING AN EMERGENCY.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Cott "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to sign and submit to the U. S.
Department Of HoUsing and Urban Development a Final Statement of
Community Development Objectives and Projected Use of Funds. (The
Community Development Block Grant COmmittee recommended approval.)
This item was considered earlier in the meeting.
B. The Council considered approval of a resolution renaming
the Community Development Block Grant Committee asthe Community
Development Advisor~ Committee. (The Community Development Block
Grant Committee recommended approval.)
This item was considered earlier in the meeting.
C. The CoUncil considered approval of a resolution
authorizing the City Manager to execute an agreement between the
City of Denton and the Texas Air Control Board granting a license
to the Texas Air Control Board for an air pollution monitoring
454
City of Denton City Council Minutes
May 18, 1993
Page 23
station. (The Airport Advisory Board recommended approval.)
Rick Svehla, Deputy City Manager, stated that the license allowed
the Texas Air Control Board to establish a pe£manent monitoring
site at the Municipal Airport on the northeast side of runway.
Howard Martin monitored activities of TACB. After conferring with
Denton County officials and city staff, the recommendation was that
the Airport was the best site.
The Mayor questioned if there had all ready been some monitoring at
the airport.
Mr. Svehla stated that there had been a temporary monitoring sl~e
located on the southeast corner of the airport. The ordinance
established a permanent site on the northeast site with a ten year
agreement.
Council Member Brock questioned whether Council really had a choice
whether the city was monitored.
Mr. Svehla stated that as TACB established a permanent monitoring
site in the county and the airport was the most advantageous for
Denton.
The following resolution was considered:
NO. R93-031
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON ANDTHE TEXAS AIR CONTROL
BOARD GRANTING A LICENSE TO THE TEXAS AIR CONTROL BOARD FOR AN
AIR POLLUTION MONITORING STATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock moved, Chew seconded to approve of the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered approval of a resolution
temporarily closing Charlotte Street from Avenue H to a point
designated by the .driveway at 2520 Charlotte Street on June 4,
1993.
This item was considered earlier in the meeting.
E. The Council considered approval of a resolution
temporarily closing North Lake Trail between Bowling Green and
Auburn Streets on Sunday, June 13, 1993.
455
City of Denton City Council Minutes
May 18, 1993
Page 24
This item was considered earlier in the meeting.
F. The Council considered approval of a resolution by the
CoUncil of the City of Denton, Texas relinquishing in favor of the
Town of Copper Canyon approximately 350 acres of land within its
Extraterritorial Jurisdiction so that the Town of Copper Canyon may
'institute annexation proceedings with respect to such area.
This item was considered earlier in the meeting.
G. The Council considered approval of a resolution
authorizing the Mayor of the City of Denton to execute, on behalf
of the City of Denton, an interlocal agreement with the County of
Denton for the provision of services associated with the holding
and disposing of dogs and cats for the County of Denton;
authorizing City personnel to collect fees associated with all
interlocal agreements for services provided by the City pursuant to
said agreements.
Noni Kull, Environmental Health Services Manager, stated that the
ordinance was for the standard agreement the city had with Denton
County and the City of Corinth with one change. Denton County
requested the city consider nursing animals or those that deliver
while in custody be treated as one animal which would not increase
the city's expense, burden or care.
Council Member Perry questioned whether the charges received were
adequate to cover city costs.
Ms. Kull replied that the charges were adequate.
Council Member Cott questioned whether the city was obligated to
take a total' number of animals or any number given.
Ms. Kull stated that the city had an agreement separate from the
one to be considered that stated that the city handled at least
1500 animals annually if needed.
Council Member Cott asked what happened if the county had another
situation like Hartfelt with possibly more animals than the city
had physical space to accommodate.
Ms. Kull stated that the animals were legally the county's
property. The county needed to decide if the city needed to try to
make room, to dispose of animals, or to .make other arrangements
working closely with the Humane Society.
Council Member Cott recommended that the city deal only with its
capacity and not incur extra expenses under a situation where the
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City of Denton City Council Minutes
May 18, 1993
Page 25
contract with the county exceeded the city's capacity.
Ms. Kull stated that at the time the city had been able to stay
under capacity on almost all occasions.
Council Member Cott questioned if the city picked up animals all
over Denton County.
Ms. Kull stated that animals were delivered to the city and the
county contracted only for the holding and disposition of the
animals brought to the city facility either by a county animal
control officer or a citizen.
Debra Drayovitch, City Attorney, stated that the motion needed to
reflect that the item was an ordinance and not a resolution.
The following resolution was considered:
NO. R93-088
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DENTON TO
EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON FOR THE PROVISION OF
SERVICES ASSOCIATED WITH THE HOLDING AND DISPOSING OF DOGS AND
CATS FOR THE COUNTY OF DENTON; AUTHORIZING CITY PERSONNEL TO
COLLECT FEES ASSOCIATED WITH ALL INTERLOCAL AGREEMENTS FOR
SERVICES PROVIDED BY THE CITY PURSUANT TO SAID AGREEMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cott moved, Smith seconded to adopt theordinance. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. The Council considered an exemption to the noise ordinance on
Saturday, June 19, until midnight for the Juneteenth celebration at
Fred Moore Park.
Catherine Tuck, Administrative Assistant, stated that the request
for exemption of the noise ordinance was made by Willie Hudspeth on
behalf of the Juneteenth Celebration Committee for Saturday, June
19, 1993, until midnight. Activities were scheduled to end at
11:00 p.m. and organizers anticipated an hour was needed to clean
up the area after conclusion of activities. Juneteenth was co-
sponsored by the Parks and Recreation Department. Due to a
misunderstanding, the request was for only for Saturday night, but
Mr. Hudspeth also requested exemption for Friday night. The Friday
request was to be presented to Council on June 1.
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City of Denton City Council Minutes
May 18, 1993
Council Member Brock stated that those involved with the
celebration were committed to being out of the parkbymtdnight and
felt it important to have the extension to midnight' to get
everything put away. --
Ms. Tuck stated that the committee had. requested from the Parks
Department an extension of the hours of the neighborhood, park for
that night to midnight and the request to Council was Just for
noise.
Chew motioned, Smith seconded to grant an exemption to the noise
ordinance on Saturday, June 19, until midnight for the Juneteenth
celebration at Fred Moore Park. On roll' vote, Brock "aye", ,Cott
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
9. Miscellaneous matters from the City Manager. .
Rick Svehla, Deputy City Manager, reported that the cttyhad been
working closely with the Texas Department of Transportation on the
Dallas Drive improvement project which included landscaping and a
new culvert. Approximately three months ago, staff talked with
Council about a median from Teasley Lane back toward new culvert.
Conversations with the State indicated the median was impossible
because of substantial cost. The exception to the request was a
small grass island near the intersection of Dallas Drive and
Allegre Vista that the city tried to do in patterned concrete. Last
Friday, TXDOT indicated that they were including the island in
their project but needed $5,984 from the city for the patterned
concrete by Friday. In discUssions with the '91 Committee _the
,~,ht before, the Committee recommended money be spent ~ro~
;;i;~in~ bon~e. Stafi Planned to proceed with the s=aii isiana
unless Council had concerns.
LloYd Harrell, City Manager, stated that the budget priority
questionnaires passed out needed to be complete and returned by
Friday.
Mr. Harrell stated that the North Central Texas CoUncil of
Governments Annual Assembly and training session for Councilmembers
and Mayors was June 4.
Mr. Harrell stated that certain Council appointments needed to be
made in June and were to be listed on the June I Council agenda.
Mr. Harrell announced that the orientation for individuals
interested in serving on cityboards and commissions was to be held
next Tuesday at the Visual Arts Center at ? p.m.
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City of Denton city Council Minutes
May 18,.1993
Page 27
Mr. Harrell announced that there was a regular meeting on June 1,
a work session on June 8, a regular meeting on June 15, no meeting
on June 22, and a work session on June 29.
10. There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
11. New Business
There were no items of new business to be placed on future agendas.
12. There was no Executive Session held during the Regular
Session.
With no further business, the meeting adjourned, at 8:35 p.m.
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXA~ ~
ACC00116