Minutes June 01, 1993460
CITY OF DENTON CITY COUNCIL MINUTES
June 1, 1993
The Council convened into the Work Session at 5:15 p.m.
civil Defense Room.
PRESENT:
in the
Mayor CaStleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss the
following items:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Received legal advice on qualifications of board
members.
2. Considered action in Hunter v. City of Denton.
3. Considered action in Michael Wilson claim.
Considered settlement of the matter of the
application of Green Springs Water Supply
Corporation for an amendment to CCN No. 11480 and
Bolivar Water Supply Corporation for an amendment
to CCN No. 11257; Docket Nos. 9824-C and 9447-C of
the Public Utilities Commission.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S.
Ce
Personnel/Board Appointments -- Under sec. 2 (g), Art.
6252-17 V.A.T.S.
2. The Council received presentations by firms responding to the
City's RFP for collection of delinquent taxes and gave staff
direction.
Harlan Jefferson, Director of Treasury Operations, stated that
State law permitted taxing jurisdictions to contract with attorneys
for the purpose of collecting delinquent property taxes and allowed
for the charge of up to 15% of the delinquent taxes, penalties and
interest as compensation to the firms. In the past it had been the
practice to send out Requests for Proposals every two years in
order to make a determination as to which firm to contract with.
Since this was the second year of the current contract, Requests
for Proposals were sent out and three proposals were received.
Those firms were present to make presentations to the Council.
461
city of Denton city Council Minutes
June 1, 1993
Page 2
Heard, Goggan, Blair and Williams indicated that their firm had
worked with the City over the past seven years and had collected in
excess of $4.6 million for the City. Reasons cited to stay with
the current firm were (1) local involvement which combined HGBW
statewide collections expertise with local attorney involvement,
(2) a Denton office established since 1986, and (3) the spending of
$400,000 in Denton. Performance of the firm included $4,665,709
collected since 1986, 1027 lawsuits filed with 75% resolved, and
aggressive bankruptcy and federal agency collections. The
continuity with their firm included (1) no risk in revenue loss,
(2) no disruption in the program and (3) effective relationships
maintained. HGBW presented current year tax collection figures
since 1985 and the associated percentages. Those figures were
included in a handout which was. included in the agenda backup
materials. Also presented was a turnover/collections comparison
chart for the city and a comparison of the delinquent tax roll by
property type. The firm was hired last year by the DISD and since
then showed an 18% increase in collections from the previous firm.
The excellent results of the firm were a result of their collection
program. Phone calls were combined'with letters to individuals
with delinquent taxes and they also contacted lien holders. The
foundation of the program was the real threat of a law suit being
filed. People had to believe that the firm would file a suit if
the debt were not paid. One area which was becoming more
significant for Denton and Denton's tax rolls wasthe RTC and the
FDIC. There was approximately $100,000 of property in Denton which
these two agencies were involved with. The Federal government
typically did not pay past property taxes. A second area was the
time taken with bankruptcy cases which was a plus for the firm.
The firm's community involvement in Denton was noted. There were
no conflicts with the two firms being the City's delinquent tax
attorneys as they did not represent banks, lien holders,
bankruptcies or delinquent tax payers. As more money had been
collected, the figures of delinquency had gone down because of
public awareness that delinquent taxes would be collected.
Important numbers were final tax dollars collected. The firm felt
that it had done a good job for the City and wanted to continue.
There would be no disruption in the program if the Council stayed
with their firm.
McCreary, Veselka, Bragg and Allen indicated that their firm had
been in existence since 1960 and had offices state-wide. They also
had an office in Denton and worked with the local firm of Hayes,
Coffey and Berry. The firm worked for Denton County and had an
extensive amount of experience in delinquent tax collection. Since
1960 the firm had placed service as the head of all firm
procedures. Staff had indicated three weaknesses in their firm
which they wished to address. One was that they were unfamiliar
462
City of Denton City CounCil Minutes
June 1, 1993
Page 3
with the City of Denton staff and its operations. This was very
easily remedied as they had already been given a tape by the Tax
Office which worked on their computer system. They had been able
to review accounts and thus would be no problem in working with the
City of Denton. A second weakness noted was that the firm had no
programming staff and relied on outside consultants. The outside
consultants had been retained in 1979 to set up the entire computer
operation of the firm and had worked well for all those years. The
third weakness noted was that their main office was in Austin
although it was noted that the firm had had an office in Denton
since 1985. A review of their delinquency tax results for the
County of Denton for the years 1989, 1990, 1991 and 1992 was
presented. It was noted that the outstanding debt had gone down in
all of those years and a comparison of original levy vs. collection
of levy to date was shown. The procedures used for collection
included selecting accounts for suits, sending letters detailing
amount due, and filing suits. The City had proposals from three
good firms. Character and quality of the tax collection program
was important. Hayes, Coffey and Berry had developed a good
governmental reputation over the years and provided good support
with the local firm.
Perdue, Brandon, Fielder, Collins & Mott, stated that an important
factor was how a firm collected the taxes. Their procedure would
be to keep a parallel copy of the City's tax record on their
computer and update it on a weekly basis. Mass mailings to
delinquent tax payers would be done four times per year and with a
parallel copy of the delinquent tax roll on their computer would be
able to respond to the resulting increase from the taxpayers. All
correspondence would be sent to the City Tax Office to keep that
office informed. All title work would be maintained on the
computer system. The taxpayer must be convinced that payment of
taxes was the right thing to do rather than fight the City for due
taxes. Their firm had a proven and sound methodology for the
collection of taxes and would provide full and total ad valorem tax
representation. If hired, the City would get solid performance and
hard work with consistent collection of taxes. They did not have
an office in Denton but if awarded the contract, would open one
which would be full s%affed and supported by the Arlington office.
Jefferson indicated that this item would be on the Council's
following work session for further discussion.
Council Member Cott asked about the concept of automatic renewal
versus reviewing the contract~ on a regular basis. He favored a
regular review.
463
City of Denton City Council Minutes
June 1, 1993
Page 4
Jefferson stated that it had been the City's practice to send out
RFP's every two years. Under State law, collection of delinquent
taxes was a professional service and the city could negotiate with
any legal firm it desired and enter into a contract without going
through the RFP process.
Council Member Cott stated that he was suggesting an annual review
rather than an automatic renewal.
Council Member Miller asked if the firm of McCreary, Veselka, Bragg
and Allen would have a conflict of interest as they took cases
against the city.
Richard Hayes, Hayes, Coffey and Berry, stated that if the firm
were awarded the contract they would not have any adverse work
against the city. There were no pending adverse matters and the
firm would not take any.
Council Member Cott asked if Peterbilt was an unusual situation and
were the numbers distorted based on that.
City Manager Harrell replied that this was an unusual case and did
not happen often.
Council Member Cott asked if the 15% were mandated.
Jefferson stated that that was the maximum allowed by State law.
Council Member Cott asked if a lower service level could be
requested such as 12%.
City Manager Harrell stated that 15%'proposals had been received
from all of the fi~ms which was the proposal made to the City as a
result of the request for proposal.
Council Member Cott stated that it was not a mandated service
level.
Jefferson replied that it was the maximum that could be charged.
The 15% was what was charged to the delinquent taxpayer which was
collected from the taxpayer and then reimbursed to the tax
collection agency.
Council Member Brock questioned the weakness listed for Heard,
Goggan, Blair and Williams which indicated some type of adverse
publicity.
464
City of Denton City Council Minutes
June 1, 1993
Page 5
Jefferson replied that several years ago the firm was involved in
some negative publicity regarding former Speaker of the House Gib
Lewis. He had been a lien holder in a property suit. Lewis
contested that he had not received proper notice. There was a
follow-up investigation and the firm was not charged with any
violations.
3. The Council received a report and held a discussion regarding
the appointment of Council Members to various Council committees
and gave staff direction.
Due to a time constraint, this item was considered under
Miscellaneous Matters from the City Manager in the Regular Session.
4. The Council received a report and held a discussion regarding
a study of the City's Animal Control ordinances and gave staff
direction.
Due to a time constraint, this item was .considered under
Miscellaneous Matters from the City Manager in the Regular Session,
5. The Council received a report and held a discussion regarding
recommendations of the '91 Committee and gave staff direction.
Due to a time constraint, this item was considered under
Miscellaneous Matters from the City Manager in the Regular Session.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew and, Perry.
ABSENT: CounCil Members Cott and Miller
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance. .
Council Member Cott joined the meeting.
2. The Council considered approval of the minutes of the Regular
Session of May 4, 1993.
Council Member Miller joined the meeting°
City of Denton City Council Minutes
June 1, 1993
Page 6
Perry motioned, Smith seconded to approve the minutes as presented.·
On roll vote, Brock "aye" Miller "aye" Cott "aye", Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. Citizen Reports
A. The Council received a citizen report fromDena Fairfield
regarding the tree preservation and landscape ordinances.
Ms. Fairfield stated that on April 27, 1993 construction workers
cut down a very large oak tree which possibly was the largest tree
in Denton. The tree was estimated to be approximately 135-150-
years old. The tree was situated on the lot such that she felt the
building could have been designed around it. She understood that
at a prior work session a representative of the developer indicated
that the specifications of the State mandated that the tree be
removed. She had contacted a representative from the State and he
indicated to her that had they been aware of the existence of this
particular tree, they would have worked around the tree. She
recently had been in several State buildings in Austin and noted
that there were trees located in the middle of some of the
buildings. Her objective was to ask Council to reexamine the tree
preservation ordinance particularly when dealing with very old
trees. She suggested forming an ad hoc committee to reexamine the
tree ordinance and formulate special provisions for old trees.
B. The Council received a citizen report from Dessie Goodson
as a follow-up to a previous citizen report.
Ms. Goodson stated that only one council Member had responded to.
her requests which she had p~esented to council at- a recent
meeting. She had received a letter from Catherine Tuck. informing
her that Code Enforcement would monitor~ code Violations at the
Delta Lodge and at Oak and Hickory. But the problem ~he had noted
was at Oak and Fry. She called attention to several blind spots at
intersections and sidewalks with overgrown tree limbs. She had
contacted Code Enforcement regarding the situation and they
indicated to her that they could not do anything about it and had
not receive~ a follow-up from officers. During her previous
citizen report, she had indicated that Traffic Control had
misplaced trolley signs along several routes. She had since
learned that it was a lack of communication with the SPAN office
not within Traffic Control's department-. The signs had been
installed per SPAN instructions. She -indicated City Manager
Harrell, Chief Mike Jez, Catherine Tuck, an~ Manny Coronado had
taken time to help resolve community concerns. She also expressed
a special thanks to Jerry Cott, one and only Council Member who
466
City of Denton city Council Minutes
JUne 1, 1993
Page 7
cared to resolve her concerns and expressed disappointment with the
other Council Members.
C. The Council received a citizen report from Don Smith
regarding the tree preservation ordinance.
Mr. Smith stated that when the tree on McKinney was cut down, he
went out and examined the size of the tree. He thought the City had
a tree ordinance which protected a tree of that size. A core of
the tree indicated 84 rings and he calculated the age of the tree
to be approximately 125 years old. It grew poorly in some years
and flourished in others. He urged the Council to reexamine the
tree ordinance as he felt it had a flaw if it allowed the removal
of such a tree. He suggested adding'a provision for special
prominent trees such as the oak tree which was cut down. This
particular tree was very healthy and was doing well. He proposed
a standard beyond which it took special permission to take down a
tree with a 20-24 inch diameter and suggested setting up a
committee to look into the issue.
4, Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance amending Section 18-100 of the Code of Ordinances
relating to applications for loading zones; providing for parking
of certain authorized vehicles within loading zones; amending
Section 18-101 providing for the marking of loading zones; amending
Section 18-102 providing for a violation for unauthorized parking
in a designated loading zone; creating Section 18-102.1 providing
for a penalty in the minimum amount of $25.00 and the maximum
amount of $200~00 for violations thereof; providing criteria,
dimensions and application fee for loading zones.
Rick Svehla, Deputy City Manger, stated that this process was
almost two years old. The Main Street Program had worked with the
parking issues on the Square and had done a parking survey. Part
of the survey dealt with the loading zone issue. The Citizens
Traffic Safety Support Commission had discussed the issue and
surveyed other cities regarding the type of zones in use. A
majority of the cities surveyed had a different zone than Denton
and used more of a general zone for loading and unloading. The
proposed ordinance was reviewed at Council's last meeting and
contained a compromise provision with general zones and specific
zones. Based on Council feedback from that meeting, the proposed
ordinance was changed to inclu4e only paid for zones, no general
zones and also included the changes for vehicle identification with
some type of sign, and mirror tags for enforcement. After
discussions with the City Attorney, it was determined that if the
467
City of Denton city Council Minutes
June 1, 1993
Page 8
Council wanted to have two types of zones, a different ordinance
should be considered which would delineate the two types of zones
and make sure the general zones were used correctly.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem smith asked how the proposed ordinance differed from
the proposed ordinance from the prior meeting.
Sveh!a replied that this ordinanCedid not have any general zones,
it only had specific zones.
council Member Miller stated that he still had a concern of not
carrying out the intent of the Traffic Safety Commission and allow
general zones to cut down the number of zones. He asked if there
had been any further discussion with the Central Business District
after the prior Council meeting.
Jane Biles, Main Street Coordinator, stated that from the beginning
of the process, the feeling had been that status quo was fine and
most of the individuals who were holders of loading zones did not
want to see any changes. Recent discussions indicated that current
loading zone holders were comfortable with the current ordinance.
Council Member Cott felt that the community no longer needed
parking spaces for a particular business and that all loading zones
should be general with users actively loading or unloading.
Council Member Perry stated that people who used the loading zones
the most were satisfied with the status quo and felt that the
Council should move in that direction.
The following ordinance was considered:
NO. 93-089
AN ORDINANCEAMENDING SECTION 18-100 OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON RELATING TO APPLICATIONS FOR LOADING
ZONES; PROVIDING FOR PARKING OF CERTAIN AUTHORIZED VEHICLES
WITHIN LOADING ZONES; AMENDING SECTION 18-101 PROVIDING FOR
THE MARKING OF LOADING ZONES; AMENDING SECTION 18-102
PROVIDING FOR A VIOLATION FOR UNAUTHORIZED PARKING IN A
468
City of Denton City Council Minutes
June 1, 1993
Page 9
DESIGNATED LOADING ZONE; CREATING SECTION 18-102.1 PROVIDING
FOR A PENALTY IN THE MINIMUM AMOUNT OF $25.00 AND THE MAXIMUM
AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; PROVIDING FOR THE
REMOVAL OF VEHICLES IN VIOLATION THEREOF; PROVIDING FOR
CRITERIA, DIMENSIONS AND APPLICATION FEE FOR LOADING ZONES;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SAVING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance as presented.
Council Member Miller expressed concerned about the process. The
Council appointed various boards/commissions to study issues and to
make recommendations. If the recommendations involved anything
other than status quo, the Council was reluctant to go by the
judgement and input of those boards/commissions. He felt that the
general and specific zones would have been a good procedure. He
asked Council to think about the consequences of continuing to ask
citizens to spend time on issues and then continue to not follow
their recommendations.
On roll vote, Brock "nay", Cott "nay", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 5-2 vote.
B. The Council held a public hearing and considered adoption
of an ordinance increasing the boundaries of Planned Development
No. 108 from 1.354 acres to 1.489 acres by rezoning a .135 acre
tract from the 2F district and amending the detailed plan by
increasing the gross floor area on property located on the east
side of Carroll, north of Highland and south of West Prairie. Z93-
007. (The Planning and Zoning Commission recommended approval.)
Frank Robbins, Executive Director for Planning, stated that this
was a minor amendment to the planned development which would allow
an additional 1480 square feet to complete the second floor of the
buildings. The existing parking lot on the east was allowed under
the zoning ordinance. The Planning and Zoning Commission found the
proposal was in accordance with the Denton Development Plan.
The Mayor opened the public hearing.
Dale Irwin, owner of the property, stated this was an example of a
zoning situation when a previous procedure allowed for definition
of building lines. There would be no change in what was currently
built and would complete the second floor of the buildings.
No one spoke in opposition.
469
City of Denton City Council Minutes
June 1, 1993
Page 10
The Mayor closed the public hearing.
Council Member Perry asked if there were no change in the building,
why was it on the agenda.
Robbins replied that there would be a change in the detailed plan.
The detailed plan would increase the gross floor area in the
footprint. The current plan showed leSs square footage authorized
than what was proposed. Another change was the parking lot to the
east was in a two family district and the zoning ordinance allowed
parking lots on the same lot to be built in a two family district.
The following ordinance was considered:
NO. 93-090
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM TWO-FAMILY (2-F) TO PLANNED DEVELOPMENT (PD)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .135
ACRE OF LANDAND INCLUDING SUCH LAND IN PD-108 ESTABLISHED BY
ORDINANCE NO. 88-168; REVISING THE DETAILED PLAN FOR PD 108 TO
INCLUDE 15 SPACES AND ENLARGING THE PD TO 1.489 ACRES LOCATED
ON THE EAST SIDE OF CARROLL BOULEVAP/), NORTH OF HIGHLAND AND
SOUTH OF WEST PRAIRIE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN
EFFECTIVE DATE.
Chew motioned, 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.
C. The Council held a public hearing and considered adoption
of an ordinance rezoning a .871 acre tract from the Commercial
district to the Planned Development district on property located on
the east side of S. Locust, west side of Wainwright, north of E.
Prairie for the purpose of a mixed use development consisting of
office, restaurant, and apartment type uses. . Z93-008 (The
Planning and Zoning CommissiOn recommended approval.)
Frank Robbins, Executive Director for Planning,' stated that this
would be a rezoning from Commercial to PD for a mixed use building.
This was a site plan in the PD district. There would be no
additional building but would allow the second floor to be used as
apartments. There was not enough parking in the lotfor all of the
uses in the location. The ordinance would require that before
building permits were issued or certificates of occupancy issued
for the apartments, there be a declaration between the owners of
470
City of Denton City Council Minutes
June 1, 1993
Page 11
the property to allow for shared parking.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Castleberry asked if parking for the apartments over the
restaurant would have designated places on Wainwright.
Robbins replied not on Wainwright. There would only be off-street
parking in the two lots adjacent the buildings.
The following ordinance was considered:
NO. 93-091
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM COMMERCIAL (C) TO PLANNED DEVELOPMENT (PD) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .871 ACRES OF
LAND LOCATED ON THE EAST SIDE OF SOUTH LOCUST STREET, WEST OF
WAINWRIGHT STREETAND NORTH OF EAST PRAIRIE STREET; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Brock 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.
D. The Council held a public hearing and considered adoption
of an ordinance amending Planned Development No. 72 allowing
single-family detached residential use according to SF-7 district
standards in the area platted as Cooper's Landing, Section IV,
which is currently designated for duplex/4-plex use. The amendment
would also modify a condition of the approved ordinance 84-50 so as
not to require detailed plans for single-family detached land use.
The 15.174 acre tract was located north of Windsor Drive and east
of Locust Street. Z93-009 (The Planning and Zoning Commission
recommended approval.)
Frank Robbins, Exeoutiv~ Dir~otor for Planning, stated that this
was a downzoning of a planned development approved in 1984 along
with plat approval in 1985. The planned development needed to be
adjusted to be in accordance with the plat. The single family -7
City of Denton City Council Minutes
June 1, 1993
Page 12
standards would be in effect and would remain in a planned
development zoning district. The Planning and Zoning Commission
recommended continuing a condition in the 1984 ordinance which
waived site plans for the single-family detached land use.
The Mayor opened the public hearing.
Wade Harris had completed a speaker card in support but did not
wish to address the Council.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
93-092
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 84-50 RELATING TO PLANNED DEVELOPMENT (PD) NO. 72 PLATTED
AS COOPERS LANDING SECTION FOUR LOCATED NORTH OF WINDSOR
DRIVE, EAST OF LOCUST STREET, AND GENERALLY SOUTHWEST OF BELL
AVENUE BY CHANGING THE DESIGNATED USE OF DUPLEX/4-PLEX ON THE
CONCEPT PLAN TO SINGLE-FAMILY RESIDENTIAL-DETACHED USE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR 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.
The Council considered Agenda Item #10.
10. The Council considered an exemption to the noise ordinance on
Friday, June 18, until midnight for the'Juneteenth celebration at
Fred Moore Park.
Catherine Tuck, Administrative Assistant, stated that at its last
meeting Council considered a request for a SatUrday exemption.
This was a requeSt for a Friday exemption.
Chew motioned, Brock seconded to approve the request. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
471
City of Denton City Council Minutes
June l, 1993
Page 13
The Council considered Agenda Item #ll.
11. The Council considered a request from the North Texas State
Fair Association for an exemption from the noise ordinance during
the North Texas State Fair and Rodeo, August 20-30, 1993.
Catherine Tuck, Administrative Assistant, stated that this was a
request from James Roden of the North Texas Fair Association for an
exemption from the noise ordinance. The dates would be Monday-
Thursday, August 23-26 until 11 p.m.; Friday and Saturday, August
20-21 and August 27-28 until midnight; and Sunday, August 22 from
1:00 p.m. - 11:00 p.m. and Sunday, August 29 from 8:00 a.m. - 4:00
p.m. This was a similar request made last year. There were
concerns from the neighborhood regarding the noise. The Police
Department was working with the Fair group to discuss security.
The Fair Board was willing to meet with the neighbors regarding the
event. An ordinance would be brought to Council regarding no
parking in the area during the event after it had been finalized in
the Legal Department. The proposed ordinance with have a towing
provision which was felt to be more effective than straight no
parking provisions.
Fred Harper spoke regarding the issue. He owned property on
Carroll Blvd. which was across from the Fairgrounds and was a
member of the Fair Association. He asked for a favorable response
to the request. Security was very good at the Fair and updated the
Council on their on-going provisions to make the Fair safe. This
year the Fair would be using the services of Clay Powers, an expert
on sound, to assist with the design of the Fair's sound system.
Bob Powers stated that he would respond to questions if needed.
Gene Truss stated that notice for this meeting was inadequate and
that this was the second year in a row that the notice had been
inadequate. He asked Council to postpone ruling on the request
until the neighbors had met with Fair representatives. Last June
the neighbors had had a meeting with Fair members and some effort
had been made to correct problems. Time was needed to discuss
problems and there was the possibility that some members of the
Fair Association had differences of options regarding the
situations. Change and adaptation needed to occur especially on
the noise level. He was confident that activities could be made
for all the community without hampering the neighborhood.
Belinda Martin stated that she was concerned about the noise from
the Fairgrounds and that a way was needed to eliminate some of the
noise. Her children could not sleep due to the noise. She asked
Council to not grant the exemption.
473
City of Denton City Council Minutes
June 1, 1993
Page 14
Jim Griffin stated that he owned a business across the street from
the Fairgrounds. He had no problem with and supported the Fair.
Council-Member Brock stated that the letter from Mr. Roden asked
for permanent relief regarding the noise ordinance. She asked if
he was asking for no restrictions or no noise ordinance.
Tuck replied that staff was only addreSsing the other part of the
request at this meeting. Council might want to discuss other
provisions and direct staff to study those provisions at a later
date.
Mayor Pro Tem Smith stated that part of the discussion from last
year centered around the exemption for 8:00 a.m. on Sunday. She
asked what events.would be ~oing on from 8:00 a.m. - 1:00 p.m. on
the last Sunday.
Tuck replied it was the goat show.
Roden stated that the exemption request was for the use of the
public address system to call contestants to the arena. It would
not be the outdoor public address system. The request was made as
the current ordinance not allow the use of a pubic address system
on Sunday.
Mayor Pro Tem Smith expressed concerns regarding church services
which would be going on during that time.
Roden felt that the public address system could not be heard in the
church as it was only intended for the barns.
Mayor Castleberry stated that this was a similar request from last
year. He had attended a neighborhood meeting and saw the
willingness of the neighborhood to work with the Fair Association
and the Association with the neighbors. He felt that cooperation
would continue. Approving the dates now would allow the
Association to work ahead with the neighbors.
Council Member Cott recommended that.the no parking issue be very
clear so that there were no misunderstandings regarding parking in
the area.
Miller motioned, Cott seconded to approve the request.
Council Member Perry stated that some of the Fair schedule involved
school time. Last year there had been a special request to
determine if the Fair could cut down on school nights. Two
neighborhoods affected where there were children were the Parkside
474
City of Denton City Council Minutes
June 1, 1993
Page 15
~area and the immediate neighborhood. There had been an effort on
better control on sound. Still the request was for school nights
for only a one hour exemption. He did not approve of the extension
to 11:00 p.m. on school nights. He might agree to the extension on
the night of the rodeo but not the four nights until midnight as it
was it was too much for the neighborhood.
Bob Powers stated that the rodeo was over at 10:00 p.m. One night
last year it did run late but stopped when it was discovered it was
past the time limit. The bands stopped at 11:00 p.m. Last year as
soon the Fair received a noise complaint, someone went to that
location to check the sound. If the band could be heard, a report
was made back to turn down the volume and then the location was
checked again. He felt that the Association had done everything it
could regarding noise and were trying to answer all of the
complaints.
Council Member Perry asked about the consultant for the sound
system.
Powers replied that there was always a problem with an outdoor
facility but they would be trying to correct that problem. There
would be a different system from last year.
Council Member Perry asked if the Association had recently talked
with the neighbors regarding this issue.
Powers replied that three weeks ago they had talked with the pastor
of the neighboring church. He had indicated no problems with the
Fair.
Mayor Castleberry asked if the public schools would be in session
during that time.
Tuck responded correct.
Council Member Cott stated that with the urbanization of Denton, it
was wonderful to have a Fair like this. He did not want it pushed
out of community.
Mayor Pro Tem Smith asked if the Association had contracts with
bands to play until midnight.
Powers replied yes that some had already been signed.
Mayor Pro Tem Smith asked if there were no way on school nights to
keep with the 10:00 p.m. provisions.
475
City of Denton City Council Minutes
June 1, 1993
Page 16
Powers replied that 11:00 p.m. would help their activities.
Council Member Cott stated that if too many restrictions were
placed on the performers, the Fair would not be able to get quality
performers.
Council Member Miller stated that the Fairhad been in its location
for 45 years. There were other issues which needed to be dealt
with including parking and working with the neighborhood group.
The Council had recently passed a resolution dealing with the DFW
Airport. Other cities indicated that the resolution should not be
passed due to the noise of the airport. The airport was there and
was an economic machine for the area. He felt it was a trade off
of one hour a night for the Fair. He felt it was not unreasonable
to ask for the exemption. If the Fair were faced with this every
year, then the community might have to rethink whether to have a
Fair.
Council Member Perry suggested that Council needed to continue to
look at what the Fair was doing and the impact on others around the
Fair. He would like to move away from having the Fair on school
nights and felt that over a period of time the schedule could be
worked out.
Council Member Cott felt that the Fair needed to be competitive in
order to have a quality show. If there were not the right kind of
attitude, they would not come to Denton. He felt that the Fair was
important to the quality of life for Denton.
Council Member Brock stated that last year she had received a noise
complaint around 10:30 p.m. on a Sunday night. A very loud band
was playing and she went to a location approximately 5 blocks to
the northeast. The bass from the music could be heard and made it
difficult for the children in the home to sleep. The home had no
central air and had to have the windows open. There was a real
problem with that band. The music did quit immediately at 11:00
p.m. She appreciated the efforts of the Fair to control parking
and the cleanliness of the area. Another problem was the
loudspeakers in the arena. She urged the Fair Association to work
with the musical groups to make sure the sound would be reasonable
and that the loudspeakers were turned off at the appropriate time.
The Council did not have a problem with asking for the Juneteenth
organizers and other groups to make exemption requests on a yearly
basis .and felt that there would be no problem having the Fair
asking once a year for such an exemption.
Mayor Castleberry indicated that the Fairgrounds did much for
Denton more than just during the Fair. There were many people in
4'76
City of Denton City Council Minutes
June 1, 1993
Page 17
Denton and Denton County who liked the Fair. Noise exemptions were
made for the Arts Festival and other events and felt that the Fair
request was not unreasonable. The Fair was working with the
neighborhood association to resolve problems.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
5. Consent Agenda
Perry motioned, Smith Seconded to approve the Consent Agenda as
presented.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
A. Bids and Purchase Orders:
2.
3.
4.
5.
6.
7.
8.
6. Ordinances
Bid #1487 - Water Treatment Chemicals
Bid #1495 - Toxicity Testing
Bid #1497 - Total Carbon Analyzer
Bid #1501 - IBM RISC/6000
Bid #1505 - Lease of Scraper
P.O. #34597 - Goldwaites of Texas Inc.
P.O. #34760 - I.B.M.
Change Order No. $ - P.O. #26052A
Construction Company
Check Requisition - W. B. Rummell
- Gracon
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1487, 5.A.2. - Bid
#1495, 5.A.3. - Bid ~1497, 5.A.4. - Bid #1501, 5.A.5. - Bid #1505)
The following ordinance was considered:
NO. 93-093
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
city of Denton City Council Minutes
June 1, 1993
Page 18
477
Smith motioned, 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.
B. The Council considered adoption of an ordinance awarding
a contract for the purchase of materials, equipment, supplies or
services. (5.A.6. - PO #34597)
The following ordinance was considered:
NO. 93-094
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORANEFFECTIVE
DATE.
Perry 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.
C. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract between
the City of Denton and Gracon Construction Company; and providing
for an increase in the contract price. (5.A.8. - P.O. ~26052A -
Gracon Construction)
The following ordinance was considered:
NO. 94-095
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 8
TO A CONTRACT BETWEEN THE CITY OF DENTON AND GRACON
CONSTRUCTION COMPANY; PROVIDING FOR AN INCREASE IN THE
CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, 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.
D. The Council considered adoption of an ordinance providing
for the expenditure of fund~ for purchases of materials or
equipment which are available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids. (5.A.7. - PO #34760)
478
City of Denton City Council Minutes
June 1, 1993
Page 19
The following ordinance was considered:
NO. 94-096
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE,
Smith motioned, 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 approving
the purchase of a utility easement and temporary construction
easement from W. B. Rummell and Betty Ann Rummell. (5.A.9. - Check
Requisition - W. B. Rummell)
The following ordinance was considered:
NO. 93-097
AN ORDINANCE APPROVING THE PURCHASE OF A UTILITY EASEMENTAND
TEMPORARY CONSTRUCTION EASEMENT FROM W. B. RUMMELL AND BETTY
ANN RUMMELL; AUTHORIZING EXPENDITURE OF FUNDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Perry 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 approving
and authorizing the City Manager t° execute a compromise settlement
release of all claims in the matter of Gamble v. City of Denton,
Texas.
The following ordinance was considered:
NO. 93-098
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF GAMBLE V.
CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE.
479
city of Denton City Council Minutes
June 1, 1993
Page 20
Perry 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.
G. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the State
of Texas, acting by and through the Texas Department of
Transportation, for participation in a landscape cost sharing
program project on F.M. 2181 from Interstate Highway 35 to Bent Oak
Drive. (The Keep Denton Beautiful Commission endorsed the plan on
January 6, 1992 and Council approved the cost sharing values on
February 2, 1992. The '91 Committee recommended approval of the
funding source.)
Frank Robbins, Executive Director for Planning, stated that this
was a continuation of one of the projects recommended by the
Beautification Commission and involved major landscaping along
medians in Denton such as University Drive and Dallas Drive.
Another component of Dallas Drive was entirely funded bythe State
when the City won the Governor's Community Achievement award for
landscaping. He also announced that the City had just won another
$100,000 from the State. He indicated a cost breakdown on the
project. There were two elements which required City cash which
included the irrigation and the trees which the '91 Committee had
recommended the funding source. The other elements which the City
was given credit for included design and maintenance which did not
require any cash.
Council Member Cott asked if bond money had been approved for this
project.
Robbins replied that specific bonds funds were not but the
improvement of Teasley was approved.
Council Member Cott stated that there was bond money left over
which was not used but also not authorized for this specific
project.
Robbins replied correct except that it was known that this kind of
improvement was authorized by the voters.
Council Member Miller stated that the bond issue might not have
specifically stated that the project would include the highway
imp~ovemen~ and landscaping but for a complete project it was
understood that Teasley Lane would include the landscaping. The
intent was there and the project was in the bond issue.
480
City of Denton City Council Minutes
June 1, 1993
Page 21
The following ordinance was considered:
NO. 93-099
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE
TEXAS DEPARTMENT OF TRANSPORTATION, FOR PARTICIPATION IN A
LANDSCAPE COST SHARING PROGRAM PROJECT ON FM 2181 FROM
INTERSTATE HIGHWAY 35 TO BENT OAK DRIVE; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Smith 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.
H. The Council considered adoption of an ordinance approving
and authorizing the City Manager to execute a settlement agreement
between the City of Denton and Green Springs Water Supply
Corporation.
Debra Drayovitch, City Attorney, stated that this matter had been
discussed with Council and recommended for settlement by the Austin
attorneys and Bob Nelson, Executive Director for Utilities.
The following ordinance was considered:
NO. 93-100
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT
BETWEEN THE CITY OF DENTON AND GREEN SPRINGS WATER SUPPLY
CORPORATION; AND DECLARING 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.
I. The Council considered adoption of an ordinance providing
for the expenditure of funds for professional engineering services
to design a continuous emissions monitoring system for members of
the Texas Municipal Power Pool.
Bob Nelson, Executive Director of Utilities, stated that as a
result of the 1990 Clean Air Act amendments, the City was required
to install a continuous emissions monitoring system on two of the
481
City of Denton City Council Minutes
June 1, 1993
Page 22
power plants. This was the same type of equipment which was going
to have to be put on other utilities in the Texas Municipal Power
Pool. The City had decided t~do the engineering services jointly
for that project, joining with Garland, Bryan and Greenville.
Denton's share of the project would be $13,000.
Council Member Cott asked what was the cost for the whole project.
Nelson replied that the two emissions systems project and
continuous emissions monitoring systems for units four and five was
approximately $350,000.
Council Member Cott asked for TMPA's share.
Nelson replied that over the years TMPA had continued to put in
emissions monitoring systems and he was not sure of the amoUnt they
had invested to date.
The following ordinance was considered:
NO. 93-101
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PROFESSIONAL ENGINEERING SERVICES TO DESIGN A CONTINUOUS
EMISSIONS MONITORING SYSTEM FOR MEMBERS OF THE TEXAS MUNICIPAL
POWER POOL; 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.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the Mayor to execute an interlocal agreement with the
County of Denton for the construction of improvements to Mayhill
Road between McKinney Street and Highway 380.
Rick Svehla, Deputy City Manger, stated that this item had been
discussed with the Council at a prior work session which involved
using unused bond funds for Hobson and Mayhill. Staff had
suggested trying to receive funds from the County for their portion
of Mayhill. This resolution would authorize the Mayor to sign the
agreement for $30,000.
Council Member Cott asked what it cost the city to accept the
County money.
482
City of Denton City Council Minutes
June 1, 1993
Page 23
Svehla replied that the project involved approximately 6500 lineal
feet of roadway to repave. Approximately 35% of the roadway was
County roadway and the money from the County was 35% of the total
cost of the project. Council agreed to spend $50,000 for the
City's portion.
Council Member Brock indicated that this project would help improve
access to Ryan High School.
The following resolution was considered:
NO. R93-032
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF
IMPROVEMENTS TO MAYHILL ROAD BETWEEN MCKINNEY STREET AND
HIGHWAY 380; AND PROVIDING AN EFFECTIVE DATE.
Cott motioned, 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.
B. The Council considered approval of a resolution creating
the Juvenile Diversion Task Force to formulate and provide
recommendations to the City council relating to the need of a
diversion program to assist in the rehabilitation of juvenile
offenders.
Harlan Jefferson, Director of Treasury Operations, stated that this
had been discussed at several previous work sessions. At the last
session, Council had made suggestions for additional agencies to be
included in the resolution. Those had been incorporated however,
the DISD Advisory Board no longer existed and was not included.
Mayor Pro Tem Smith indicated that there was no slot for a person
not aligned with one of these organizations. She suggested the
need to have some open spots for those individuals.
Council Member Miller suggested including three at-large positions.
The following resolution was considered:
City of Denton City Council Minutes
June 1, 1993
Page 24
483
NO. R93-033
A RESOLUTION CREATING THE JUVENILE DIVERSION TASK FORCE TO
FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL
RELATING TO THE NEED OF A DIVERSION PROGRAM TO ASSIST IN THE
REHABILITATION OF JUVENILE OFFENDERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Council Member Cott left the meeting.
Brock motioned, Smith seconded to approve .the resolution with the
addition of three at-large positions. On roll vote, Brock "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
C. The Council cons~idered approval of a resolution
authorizing the City Manager to submit an application to the Texas
Water Commission for a grant to fund a household used oil
collection program and execute any required agreement concerning
the grant; and providing for certain assurances related to the
grant.
Council Member Cott returned to the meeting.
Bill Angelo, Director of Community Services, stated that the City
had received a prior grant for $17,500 to start such a program and
were in the process of installing a central location. Recently the
Texas Water Commission had reopened the grant categories and the
City had the possibility of obtaining funds for satellite stations.
Currently there were five locations in the community to collect
used oil which were at the fire stations. The grant would ask for
$20,000 from the State. The city would have to agree to fund the
program and operate it for at least a year and provide for the
disposal of any contaminated oil. The City had an agreement with
an individual who would take the used oil at no charge. If the oil
were contaminated it would have to be disposed of at a hazardous
waste facility.
Council Member Perry asked if this applied to only houSehold oil
and not to industrial oil waSte.
Angelo replied that a commercial entity could use the facility,
however they generally had their own program.
Council M~mhQr Parry a~ked if the city Council would be resDonsible
for any contaminated oil.
484
City of Denton City Council Minutes
June 1, 1993
Page 25
Angelo responded that the City would be responsible to a certain
extent. If the oil were disposed illegally, it would cost more than
if the City did it correctly.
Council Member Brock asked if the $6,000 was the only expense
which would be involved.
Angelo replied that staff time would be approximately $7,000 to
administer the program, $150 for office supplies and $850 from the
State for signage and brochures to advertise the program.
Council Member Brock stated that the State grant would be for the
purchase of the containers.
Angelo replied that approximately $1,476 would be for a part-time
intern, $850 for office supplies, $10,000 for the containers, $6100
for contractual items such as concrete pad to hold the containers.
Council Member Cott asked if Safety Clean did this same type of
work.
Angelo replied that they recycled other materials but was not sure
about used oil. Chief Auto Parts recycled used oil.
Council Member Cott suggested contacting Safety Clean to see if
they did such a program.
Mayor Pro Tem Smith indicated that Angelo's next budget would have
this package in it and if the City applied for the grant, Council
needed to remember that they were committed to this package.
The following resolution was considered:
NO. R93-034
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE TEXAS WATER COMMISSION FOR A GRANT TO FUND
A HOUSEHOLD USED OIL COLLECTION PROGRAM AND EXECUTE ANY
REQUIRED AGREEMENT CONCERNING THE ~PUkNT; PROVIDING FOR CERTAIN
ASSURANCES RELATED TO THE GRANT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Ca~tleberry "aye". Motion carried
unanimously.
After a short recess, Council Members Brock and Miller were absent.
485
City of Denton City Council Minutes
June 1, 1993
Page 26
8. The Council considered approval of a special permit to allow
work to be performed in conjunction with the Teasley Lane utility
relocation project on Sundays when deemed an emergency situation as
determined by the City Engineer.
Rick Svehla, Deputy City.Manager, stated that this request would
grant permission to work on Sundays on the Teasley Lane project if
necessary due to the weather. The contract indicated that the
project had to be completed within 65 days which was August 1,
1993. The day the Council approved the contract allowed for 65
days of work. Staff did not think that Sunday work would be
necessary but it was imperative that the project be completed by
August 1, 1993 in order to keep Teasley on schedule with the
Highway Department.
Council Members Brock and Miller joined the meeting.
Council Member Cott stated there were three churches in the area.
He was concerned that the construction work would disturb services
unless it were done after I p.m. and stop before 6 p.m.
Svehla replied that the southern end of the project would be done
first. If work had to be done in those areas the church services
would be taken into consideration and staff would visit with
churches regarding the construction.
Council Member Cott felt that if staff asked the churches about the
construction, they would say yes as they were very community
minded.
city Manager Harrell stated that if the project were not completed
by the August i date, Teasley Lane would slip on the State's
schedule. Work would not be done in the vicinity of churches so as
to disturb services.
Council Member Miller stated that the reason this project was moved
up on the schedule was that the City gave assurance.s that it would
be ready for the State's letting schedule. He felt the request
should be approved and that every attempt would be made to not
interfere with church services when in the area on those days.
Council Member Perry asked if the contractor would be willing to
agree with that type of provision.
Svehla replied that the contractor took direction from the City.
Council Member Perry felt it was imperative to complete the project
on time bearing in mind the churches in the area.
486
City of Denton City Council Minutes
June 1, 1993
Page 27
Svehla replied that work would start on Hobson and then if work was
required on Sundays they would be away from the churches.
Council Member Cott asked if it were possible to work at night to
make up hours if necessary.
Mayor Castleberry felt that it could be left to staff direction.
City Manager Harrell stated that staff heard the concerns of
Council and if the exemption were authorized, staff would be very
sensitive to authorizing work so as to not disturb any church
services.
Council Member Miller suggested visiting with the churches after
approval of the request to inform them of what would be happening.
Council Member Cott asked again if night work would be possible.
Svehla replied that it might be but would require extra lighting
and extra costs for the project.
Council Member Cott asked staff to investigate that option.
Council Member Miller felt that it would be a trade off dealing
with noise, trading one problem for fifty other problems. The
intent was very clear what the Council wanted and the work would be
done only if necessary.
Miller motioned, Chew seconded to grant the special permit noting
the Council's concerns for the area churches. On roll vote, Brock
"aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried with a 6-1
vote.
9. The Council Considered approval of the Army Corps of
Engineer's recommendation (Alternative F) for repair of the Ray
Roberts embankment.
Bob Nelson, Executive Director for Utilities, stated that when the
Corps designed the face of the dam they did not realize the
ferocity of the area winds and the length of the reservoir and more
erosion on the face of the dam had occurred than anticipated. The
Corps felt it was necessary to put in rock riprap on the lower
portions of the dam, approximately 7 feet below the water line.
The total cost of the project woulQ be $6.7 million with Denton's
share being $1.2 million. This added to the debt service at a
fifty year payout at 7.21% interest. To accomplish the work, the
Corps needed a letter from Denton and Dallas supporting
487
City of Denton City Council Minutes
June 1, 1993
Page 28
modification and change. In order to do the work the Corps would
have to drop the reservoir 7 1/2 feet and would start in the middle
ofnext week. The gates would be almost full open for about 6 weeks
to approximately the end of July in order to lower the lake by 7
1/2 feet. The lake would stay at that level for the entire
construction time which would be approximately 18 months. The
Corps hoped that it would not take that much time but Denton really
did not have much choice in the approval. If the Corps waited on
the project it might be at a point when the water was needed in the
reservoir and it would not be good timing to reduce the water
level.
Mayor Pro Tem Smith asked what the lowering of the water level
would do to the recreational facilities.
Nelson stated the ramps were designed to accommodate those levels
and the shore line would be further out. This was a design that
the Corps used successfully with other dams.
Council Member Miller stated that he had heard that the original
design had this type of construction but that it had been taken out
due to cost factors.
Nelson indicated that he did not know whether that was true or not.
Council Member Miller felt it was worth investigating.
Howard Martin, Director of Environmental Operations and Financial
Administration, stated that he was not sure if it had been in the
original design. One of the contributing factors for the erosion
was due to the water level. Other projects had lower water levels
on different levels. There had been three years of constant water
level of the lake which made it different from other dams with
similar construction.
Council Member Brock stated that the city had no choice in this
matter.
Nelson stated there was very little other than waiting for a few
years. Had it been in the original program the project would not
have cost as muchbut still would have been an expensive amount.
Perry motioned, Chew seconded to approve the request. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Pe~y "aye'~, and Mayo~ Castlebe~ry "aye". Motion carried
unanimously.
The Council considered Work Session Item #3.
488
city of Denton City Council Minutes
June 1, 1993
Page 29
3. The Council received a report and held a discussion regarding
the appointment of Council Members to various Council committees
and gave staff direction.
City Manager Harrell stated that Council committees had been listed
with current members and vacancies. Staff needed direction from
Council for appointments.
Council Member Miller suggested an informal poll regarding which
Member was interested in which committee.
Council Member Cott asked for a description of the Vision duties.
city Manager Harrell stated that each sponsoring agency committed
two members to serve on the project cabinet in charge of directing
the entire project. In addition to two cabinet members, as many
others as desiring could participate in some form on a committee.
Council Member Miller suggested adding a juvenile task force
liaison to the Municipal Court Advisory Committee.
Mayor Pro Tem Smith suggested appointing Council Members Miller and
Brock as the Vision representatives if they would be willing.
CoUncil Member Brock indicated that she would be willing to serve
as that representative and would be willing to go off the Audit
Committee.
Mayor Pro Tem smith suggested appointing Council Member Cott to the
Audit Committee or the Investment Policy Committee.
City Manager Harrell reviewed the duties of each Committee for the
Council.
Council Member Cott stated that he would like to represent the
Council on a subcommittee of the Vision program regarding aging and
how to direct the community toward that subject.
Council considered Item 912.
12. The Council considered appointments to various Council
committees:
B.
C.
D.
E.
Agenda Committee
Audit Committee
Economic Development Committee
Investment Policy Committee
Municipal Court Advisory Committee
489
City of Denton City Council Minutes
June 1,1993
Page 30
F. Vision for Denton
Chew motioned, Smith seconded to' nominate the following Council
Members to the following committees:
Agenda Committee - Mayor Castleberry
Council Member Perry
Audit Committee - Mayor Castleberry
Mayor Pro Tem Smith
Council Member Cott
Economic Development Committee - Council Member Perry
Mayor Castleberry
Investment Policy Committee - Council Member Cott
Municipal Court Advisory Committee/Liaison to Diversion
Program/Municipal Court of Record - Council Member Chew
Mayor Pro Tem Smith
Council Member Miller
vision for Denton - 21st Century - Council Member Miller
Council Member Brock
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
The Council considered Work Session Item #4.
4. The Council received a report and held a discussion regarding
a study of the City's Animal Control ordinances and gave staff
direction.
Nonie Kull, Environmental Health Services Manager, stated that
staff had received some additional concerns from the Denton Humane
Society regarding additional animals on the site. Staff had also
received a complaint that day from an individual who adopted an
animal from the Hartfelt Humane Society and had subsequent problems
with that animal. There had also been a complaint on the Grooming
Den which was housed at 1800 Fort Worth Drive but was not a part of
Hartfelt. The Grooming Den was owned and operated by Laura Gill.
The City had received a letter from thQ TQYas D~Dartm~nt of Health
in response to the Mayor's letter. Dr. Murnaine indicated that
there had been no request for reinspection from the owners of the
shelter. The shelter legislation was no longer an option as it had
49O
City of Denton City Council Minutes
June 1, 1993
Page 31
died in session. There were three options which the Council might
want to consider. Option one dealt with the creation of an animal
control inspection ordinance. Such an ordinance would, however, be
limited to commercial facilities which historically did not have
violation problems.
Council Member Miller asked why it would have to be confined to
commercial facilities. Why cOuld it not include intent for the
conduction of business whether non-profit or for profit.
Kull replied that an inspection ordinance only provided what was
currently available as far as what the owner wanted the City to
inspect. The current ordinance was a public health document, not
an animal welfare document. Animal welfare had traditionally been
left to humane organizations. There was nothing in the current
ordinance dealing with animals. That couldbe changed but then the
standard would be involved with the Penal Code which was a Class A
misdemeanor.
Council Member Miller asked if there was a problem with the offense
remaining a Class A misdemeanor or could the City not do that.
Debra Drayovitch, City Attorney, stated that if there was a
particular conduct which was defined as a Class A misdemeanor under
State, the City could not regulate that condgct.
Council Member Miller stated that there were animals being adopted
out of a supposedly closed facility. A State agency would not do
a reinspection until invited in for such an inspection. The City
seemed powerless to do anything about the issue. If the City
accepted the State definitions of Class A and developed an
ordinance around those definitions, could the City initiate a
policing process or was the entire process preempted by the State.
City Attorney Drayovitch stated that it was preempted by the State
but that the City could direct that the resources of the Police
Department and Animal Control Officers work with the District
Attorney's office to deal with those cases. An ordinance was not
needed to enforce the current Cla~ A ~ff~n~.
City Manager Harrell stated that cases could-not be filed in
Municipal Court. Everything would have to go to District Court.
This would enter an area which the City had never taken
responsibility for and would have to make sufficient cases for the
District Attorney to file charges. This option would have more
demands for manpower allocations than some of the other
alternatives. It could be done if the City were willing to make
that kind of allocation.
491
city of Denton City Council Minutes
June l, 1993
Page 32
Kull stated that Option two would be to limit the number of animals
which each individual could have at his home. Option one was not
the best solution for animals or for people. Option three would
involve expanding/defining the health officer's responsibilities.
This would allow dealing with commercial,-private property and non-
profit locations. Definitions would be clarified such as City
Health Officer, unhealthy, unsanitary, etc.
Council Member Miller asked if it would include disease.
Kull replied yes for commonly contagious diseases.
Council Member Miller asked if that option would be effective and
what would it be able to do with Hartfelt. Would the City have the
authority to do something regarding such a situation.
Kull replied yes that that would be the intent. It would set
standards and create an aspect of the ordinance which the city
could respond to and take legal action to remedy the situation.
City Manager Harrell stated that the process would be to inspect a
location, site the violations and then have the Municipal Judge
deal with the situation.
Council Member Cott asked how Hartfelt was paid for the animals.
Kull replied through donations.
Council Member Cott asked about tax requirements on these
donations.
City Attorney Drayovitch stated that she was not familiar with the
particular tax consequences. However, if it were a donation to a
charitable organization .....
Council Member Cott suggested checking into that aspect.
city Manager Harrell stated that as a municipal government, the
City would have no authority to look at books but could call the
Internal Revenue Service and suggest that they might want to
follow-up on the situation.
Council Member Perry felt that option three would give a clear
course of action and suggested starting on that option.
Miller motioned, Cott seconded to pursue option three.
492
City of Denton City Council Minutes
June 1, 1993
Page 33
Council Member Cott suggested an amendment to determine whether it
would be proper to inform the IRS regarding donations to Hartfelt.
Council Member Miller stated that he would not accept that
amendment as it could be perceived as harassment.
Council Member Cott withdrew his motion for amendment.
Mayor Pro Tem Smith asked how the City would know to enforce the
proposed ordinance. Would the City have to depend on referrals
from individuals or inspections by the City.
Kull replied that it would be a complaint only basis.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
City Manager Harrell stated that staff was notified today that
Hartfelt was going to be sold or transferred to a new owner. The
new owner had asked t° speak to Council at the next meeting.
Council considered Work Session Item #5.
5. The Council received a report and held a discussion regarding
recommendations of the '91 Committee and gave staff direction.
Rick Svehla, Deputy City Manager, stated Council had already
considered portions of this item. Several weeks ago, Council
approved using interest funds from the street bond issues to build
an access road to Bonnie Brae.at North Lakes Park. Earlier in the
evening the Council had approved landscaping on Teasley Lane. At
their May 17, 1993 meeting, the '91 Committee recommended a number
of small projects to be built from funds left over from unspent
bonds from prior projects which Council had approved. These were
bonds approved by the voters for the projects for which there was
money left over. The actual bonds as passed by the voters were for
streets and related projects for streets. Some of the projects
included street work, ADA work and ~ignal work.
Council Member Cott asked if these items were originally approved
by the voters for Teasley Lane.
Svehla replied no that none of these projects were included in the
original bond vote. Th~ vot~ taken in-1985-86 was for street
bonds. Council set up the '91 Committee to oversee that all of the
money was spent for the projects voted on and it also had evolved
into the group which was recommending what to do with left over
city of Denton City Council Minutes
June l, 1993
Page 34
4 93
funds.
Council Member Miller stated that the left over funds from Park
bonds were used for parks and street bonds were for streets.
council Member Cott asked Council Member Miller if he were
comfortable with the fact that the monies to be used for Teasley
Lane were voted for streets whichever street it was.
Council Member Miller stated that everytime that the '91 Committee
looked at a variation for funds it was always recommended that
street money be spent on streets or sidewalks and park money be
used in parks.
svehla replied that actual monies were from different projects.
None of the money actually came from the Teasley project.
Council Member Cott stated that these were pieces left over from
the projects and these pieces were not necessarily voted for by
voters.
Svehla replied that was correct. All of the bond projects had been
finished.
Council Member Cott suggested paying off the bonds with the left
over funds rather than using the money on projects. He recommended
that if the money were voted for other reasons and other purposes,
even though the '91 Committee-gave appr°val it be used to pay off
the bonds.
Council Member Miller asked if when Council Member Cott referred to
"other Purposes" were those for specific locations or for general
purposes.
Council Member Cott felt that the bonds were voted for specific
streets and sidewalks.
Council Member Miller stated that the improvements which had taken
place over the last 7-8 years had been considered on the basis that
the '91 Committee was based on the intent of the bond issue.
Council Member Cott suggested that another interpretation might be
to pay off the bonds rather than do other projects. He asked why
the '91 Committee had been formed.
Council Member Miller replied that it was to oversee the bond funds
to make sure the funds were used for what the people had voted for
such as street funds would be used for streets, etc.
494
City of Denton City Council Minutes
June 1, 1993
Page 35
City Manager Harrell stated that when the City was putting the 1986
bond issue together, a criticism heard was that the City in the
past stated that it was going to do a certain project and then
later changed that project. The '91 Committeewas appointed to be
a watchdog and take every project as promised to the voters and
make sure and report to Council that those projeCts were being
done. All projects promised to the voters had been done with 1986
bond money. Due to interest money and good bids, it was possible
to do these extra projects and could be done legally within the
confines of the bond project.
Council Member Cott suggested that next time a bond project were
done, it be fine tuned for better communication. He had heard
citizens ask why spend the extra money, why not turn it back to the
bonds.
Chew motioned, Perry seconded to give staff direction to follow the
recommendations of the '91 Committee.
Council Member Miller stated that he took exception to what Council
Member Cott was saying. The bond issue could be fine tuned perhaps
with a proviso which might indicate that other jobs could be done
as assigned. He had heard many compliments regarding the extra
jobs.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
13. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following item:
A. A reminder regarding the refunding issue for the June 8
meeting. The bonds would be priced on Thursday as a negotiated
sale. John McGrane felt that the City would save approximately
$2.4 million over the life of the bonds for the utility issue and
a smaller amount for the general obligation bonds.
14. There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
City of Denton City Council Minutes
June 1, 1993
Page 36
A. Council Member Miller gave a compliment on the renovation
of the swimming pool.
B. Council Member Miller requested that Council review the-
tree ordinance for a provision to be included for a designated
historical tree.
City Manager Harrell stated that normally if the entire Council
asked for such an item, it would be referred to the Planning and
Zoning Commission to study the issue. He asked if that procedure
would be acceptable.
After discussion, consensus of the Council was to request staff to
review the tree ordinance for a special tree provision.
C. Council Member Miller asked if anything could be done
with the street in front of McNair School.
D. Council Member Cott asked for a similar study of the
street in front of Liberty christian School.
E. Council Member Miller indicated that the recycling bins
off of Dallas Drive were not user friendly for older people.
F. Council Member Miller asked that staff look at the
current ordinance relative to qualifications for board/commission
members as related to delinquent taxes, etc.
G. Council Member'Brock asked about the status of the public
drinking legislation. There was aproblem in southeast Denton'when
Fred Moore Park closed, Individual were using a. nearby street for
a place to party plus lO~d music was coming from passing carm.
H. Mayor Pro Tem Smith asked. Council for'a date to clean
their adopt-a-spot. After discussion it was decided-that a date
would be set at the next meeting.
16. There was no Executive Session held' during the Regular
Session.
With no further business,the meeting was adjourned at 11:00 p.m.
ACC0011C
MAYOR / ~
CITY OF DENTON, TEX~S
/