Minutes July 20, 1993127
CITY OF DENTON CITY COUNCIL MINUTES
July 20, 1993
The Council convened into the Work Session on Tuesday, July 20,
1993 in the civil Defense Room.
PRESENT: 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:
A. Legal Matters
1. Considered demand in Michael Wilson claim.
2. Considered action in Les Gibson and Larry Ervin
claim.
Considered action in Texas Waste Manaqement v. city
of Denton.
B. Real Estate
C. Personnel/Board Appointments
Council Member Cott left the Executive Session during the
discussion of Item A.3. - Considered action in Texas Waste
Manaqement v. City of Denton.
2. Presentation and discussion of the Hotel/Motel Tax Recipients
budgets by the Denton Convention and Visitors Bureau, the Denton
Historical Commission, the Denton Historical Museum, the Greater
Denton Arts Council and the North Texas State Fair Association.
Denton Convention and Visitors Bureau - Joann Ballentine, Director
of the Convention and Visitors Bureau with the Chamber of Commerce,
presented a video representing the Bureau's activities.
Steve Woerner, Chairman - Denton Convention and Visitor Bureau,
stated that the Bureau was many things to many people and were the
specialist dealing with special projects. He felt that the Bureau
needed to emphasize accountability and would be implementing
tracking mechanisms regarding the hotel/motel occupancy tax. A
process would be initiated to orientate the hotels. The
cornerstone of the Bureau would be the new information center to be
located in the Outlet Mall. Reserve funds would be used for the
information center and would be in operation by the end of August.
He reviewed the proposed budget which was included in the agenda
backup materials.
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Council Member Chew asked about merit increases for the Bureau's
employees.
Woerner replied that there was a proposed 5% increase.
Council Member Chew stated that advertising had gone up from $1200
to $5000. Was part of that for the information center.
Woerner replied that the Bureau had received specific requests from
the hotels for more advertising.
Council Member Chew noted that the tourist promotion area had gone
from $7000 to $38,700.
Woerner replied that $25,000 would be for new brochures and start
up costs for the information center at Outlet Mall.
Council Member Cott suggested including some form of income for a
cooperative venture and to incorporate it as an objective. He
noted that the cash position of all of the organizations was quite
large and perhaps larger than necessary. W'nat amount of cash
should the organizations have and what number of days worth of cash
should they have was a question from the taxpayers point of view.
Woerner replied that cash reserve needed to be spent in a wise
manner. He did not feel that ongoing businesses needed much
working capital. The use of the reserve for the information center
was moving in the right direction.
Council Member Cott replied that if this was the year for the
Council to set objectives, then he would note that in his opinion
the cash reserve was excessive in each organization. He suggested
for next year, cash objectives and managements for all
organizations.
Denton Historical Commission - Leon Callahan, vice-Chairman of the
Denton County Historic Foundation, stated that the Commission
operated on a budget which encumbered funds for future use for
various projects and as the project matured, the money was spent.
Historical preservation was a continuing project. Funds were
dedicated for specific projects and were not available for other
uses. The Commission sent several applications to the City's
Historical Commission for historical markers, some of which were in
the City of Denton. He reviewed the Commission's budget which was
included in agenda backup materials.
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Council Member Cott stated that the Historical Foundation had an
operating fund balance of non-restricted dollars of $16,000 which
was approximately 190 days of cash for operations. He felt that
was too much and suggested some kind of quarterly measurable
agreement on cash from these organizations.
Council Member Miller felt that Council Member Cott was implying
that by reducing the cash reserve, the City would be able'to reduce
City taxes.
Council Member Cott replied no that he was suggesting that the City
could reduce the amount of Laylor funds given to the organizations.
Council Member Miller replied that the Laylor funds were dedicated
funds for specific uses .....
Council Member Cott stated that when the contracts were renewed
with the organizations, perhaps the formula could be changed if
there was more cash reserve for the organization than was
necessary.
Council Member Miller replied that the Council needed to be careful
and not change the rules so that the organizations did not think
that one way to reduce cash was to spend.
Council Member Cott suggested looking next year at a formula on how
much cash needed to be on hand on a quarterly basis.
Council Member Brock felt that the City's dealings with the Laylor
funds was that the City had a certain amount of money to allocate
and the City's authority over the organizations was the percentage
given. If the City reduced the amount allocated to the
organizations, it would not allow the City to reduce the City tax
rate.
Council Member Cott stated that the City was allowed to take a
percentage of the total tax collected. The hotels felt that some
of that money needed to remain with the hotels for better
marketing.
City Manager Harrell stated that the city had a multi-year contract
with each of the organizations. Next year the City would be
renegotiating those contracts. Annually each agency had to present
a budget to the Council and the Council reviewed the budget and
gave approval as submitted. As part of the budget process, the
council would give approval of the budgets. It was not interpreted
that the Council could reduce the allocation.
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Council Member Brock replied that if in renegotiating the
contracts, the Council did a reallocation to all of the
organizations, would that reduce the taxes for citizens.
City Manager Harrell stated that the City was limited by law to a
maximum of a 7% hotel/motel tax. The City currently was assessing
that maximum 7%. The City would have the authority to decrease the
7% hotel/motel tax to some other level but that would co~e off the
hotel/motel tax. It would not reduce the taxes for the citizens,
only for hotel/motel guests. Of the current 7%, the City received
1% for specific uses such as visitor promotions. If the City could
use that 1% for other general fund projects, then the taxes might
be reduced for citizens.
city Attorney Debra Drayovitch stated that the contracts between
the City and each of the organizations provided and incorporated a
part of the hotel/motel statute which provided that the City would
not pay any payment during any fiscal year unless the budget was
first approved in writing. Even with a contract there was a
prerequisite that the budgets be approved by the City.
Mayor Pro Tem Smith asked for a review of the percentage each group
received and on what figure that percentage was based.
Council Member Perry asked if the Council had to extend the
contracts for such a long period of time.
City Attorney Drayovitch replied that there was no specific time
period.
Due to time constraints, this item was continued during the regular
meeting.
The Council convened into the Regular Meeting on Tuesday, July 20
in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance. ~
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2. The Council considered approval of the minutes of the Special
Call Session of June 8, 1993 and the Regular Session of June 15,
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.
The Council returned to Work Session Item #2.
Council Member Perry stated that the City retained 1% of the Laylor
funds. He asked if the City could use more than 1% of the funds
for projects such as the Visioning Project.
City Manager Harrell replied yes as long as the expense was an
eligible item under state law guidelines. When the contracts were
renegotiated with the organizations, it might be possible to do
that.
Council Member Perry stated that the Laylor fund money was tax
money derived from a tax levied by the Council on hotel/motel fees.
City Attorney Drayovitch replied correct.
Historical Museum - Perry Jo Midget, Chairman - Budget and Finance
Committee, presented a slide presentation regarding the museum.
Midget listed past and upcoming articles regarding the Museum in
area magazines. She indicated that the Museum's budget had been
presented to Council in the agenda back-up materials.
Council Member Chew asked about salary increases for the proposed
budget and the total increase of the budget over last year.
Midget replied that the director's salary would be increased
approximately $5,000. The increase was needed for the present
director and for any future directors in order to bring salaries up
to market. The job had been reclassified with the County to a
management position. The collection management assistant was a new
position which replaced the education director and the salary was
a lower salary than the education director had been receiving.
Council Member Chew asked about the grant income increase from $500
to $15,000.
Midget replied that the Museum had applied for several grants and
were hoping to receive those funds. They now had access to an
individual knowledgeable in writing grants.
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Mayor Pro Tem Smith asked where secretarial help was indicated in
the budget.
Midget replied that the secretary was hired by the Historical
Commission which would not be in their budget.
Council Member Cott stated that in October 1991 the Museum had a
$10,000 fund balance and ended up with $22,000 and during'that time
increased the salary of the employees. The Museum forecasted
$45,000 in Laylor income and received $5,000 more than that but had
$5,000 total less income. In so~e way the taxpayer asked if this
had become an entitlement which was difficult for the taxpayer to
give to these organizations.
Midget replied that according to her figures, the "entitlement" to
the employees .....
Council Member Cott stated that when the revenue was decreasing,
salary increases were continuing. It was hard for taxpayers to see
those increases. He suggested that next year the Council needed to
think through how these funds were perceived by the organizations
and by the taxpayers.
Council Member Miller stated that he had noticed that the grant
funding was high but also noted that in 1991-92 the Museum had
income $12,000 over the $50,000 Laylor funds. He noted that
citizens did not pay this tax unless they registered at a hotel or
motel in Denton. It was one of the few taxes entirely based on
outside sources for payment. He did not feel that he had to be the
keeper of the funds entirely and that the purpose of the Council
was to make sure the budgeting process was correct.
Council Member Brock asked if the director's position was a County
position.
Norma Gamble, Museum Director, stated that the County provided
benefits for the employees. The County issued checks to pay for
those benefits. The Museum then paid the County quarterly for the
salaries for the Director and the Collection Management Assistant.
Mayor Pro Tem Smith stated that the Museum worked with the schools
and asked what position took care of that work.
Midget replied that it was done by volunteers.
Greater Denton Arts Council - Herbert Holl reviewed the budget
information presented in the agenda back-up materials including
highlights of events held during the year. Financial highlights
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included grant funding, increased business memberships, and
increased grants to local arts groups. He felt that the Arts
Council represented the entire community and that the Council was
buying services for the community through the Laylor money it
allocated to the organizations.
Council Member Chew stated that he liked how the budget was laid
out and that it had a decrease in the overall budget.
Council Member Brock stated that'decreases were proposed in the
1993-94 budget in unearned income. The other groups were
projecting increases in their hotel/motel and they showed a
decrease in that area.
Holl replied that their budget was on a cash basis system. Income
was sporadic in terms of projecting needs and the net figures were
more critical. Earned income rental decreased as available
weekends varied each year for special events.
Council Member Perry asked if Holl could estimate what the City
would have to pay for like services done by the Arts Council.
Holl replied that it would probably cost more due to the nature of
government.
Council Member Perry stated that the volunteer services were much
greater than city could afford if it did those services by itself.
North Texas State Fair Association - Bob Powers stated that their
budget was included in the agenda backup materials. The biggest
activity for the Association was the North Texas State Fair but the
grounds were used almost every weekend of the year. The
Association was continuing to upgrade the facilities on the
grounds. Salaries would remain the same for their employees. The
only change was a decrease in office supplies and telephone which
was put into office equipment.
Mayor Pro Tem Smith asked about an audit report.
Powers replied that the Association did not do an audit.
Council Member Chew stated that Council had requested an audit
last year.
Powers replied that he did not remember such a request.
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Council Member Chew stated that the Council had also requested an
itemized budget which was not presented. He felt that the Council
needed an itemized copy of budget.
Council Member Perry suggested forming a task force with four
members of the Fair Association and four members from the
neighborhood association and one member from the Council to look at
issues concerning the neighbors and the Association. This was a
friendly suggestion and was extended with courtesy. It was an
effort to continue reconciling differences between the neighbors
and the Association.
Council Member Brock asked what amount the Fair received last year
from Laylor funds.
Powers replied approximately $58,000 and that their books were on
a calendar year.
Joann Ballentine stated that the Denton citizens were not the
taxpayers of these monies. There were the City's out-of-town
visitors to the community and not the local citizens. It was a 13%
tax of which 6% went to the State fund for general fund. The State
statute required certain uses for the money in the areas of
tourism, the arts, historical areas and could be used at the city
level. The Convention and Visitor Bureau was the only entity which
received occupancy tax solely to support its program. The others
received grants, fund raisers, etc. Cash reserves were needed for
unforeseen emergencies such as closure or fire of a hotel/motel in
the City.
3. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning a 2.85 acre tract from the Planned
Development No. 6 District to the Single Family -7 District on
property located on the north side of Wilderness Drive, directly
west of Colorado Blvd. (Woodrow Lane). Also known as Lots 1R-13R,
Block A, Replat of the Woodlands of Township II. Z93-017 (The
planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Executive Director for Planning, stated that this
was a simple change from a planned development to single family -7
zoning. Staff compared the differences between the standards of
the two districts and the only difference was that the side
setbacks would change from 5 to 6 feet on both sides.
The Mayor opened the public hearing.
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Helen Eve-Liebman~ Nelson Corporation, stated that the owner of the
property was requesting the change in order to center his home on
the lot and to have equal sideyards.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 93-124
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE IN ZONING OF 2.85 ACRES OF LAND CONTAINED WITHIN
PLANNED DEVELOPMENT NO. 6 (PD-6), ADOPTED PURSUANT TO
ORDINANCE NO. 69-35, FROM PLANNED DEVELOPMENT (PD) TO SINGLE
FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION; SUCH ACREAGE BEING LOCATED ON THE NORTH SIDE OF
WILDERNESS DRIVE AND WEST OF COLORADO BOULEVARD; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Perry 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 amending Planned Development No. 6 by approving a
detailed plan for .9132 acres, being part of Lot 7, Block 1 of the
Golden Triangle Addition. The site was located at the northwest
corner of Loop 288 and Colorado Blvd. Z-93-014 (The Planning and
zoning Commission recommended approval 6-0.)
Frank Robbins, Executive Director for Planning, stated that this
was a detailed plan approval at the Golden Triangle Mall. The only
use allowed would be a financial institution. The site was located
in an urban center and was very well designed.
The Mayor opened the public hearing.
Randy Klein, representative for the petitioner, indicated that the
structure would be a single story building for a banking ~acility.
There would be no new curb cuts and requested approval of the
proposal.
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Mayor Pro Tem Smith asked how patrons would enter and exit the
facility.
Klein stated that the entrance and exit would be from the ring road
of the mall.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 93-125
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 69-35 TO PROVIDE FOR A DETAILED PLAN FOR .9132 ACRES OF
LAND IN PLANNED DEVELOPMENT (PD) NO. 6 LOCATED IN THE GOLDEN
TRIANGLE ADDITION AT THE NORTHWEST CORNER OF STATE HIGHWAY
LOOP 288 AND COLORADO BOULEVARD; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", 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 amending the zoning regulations, Chapter 35 of the
Code of Ordinances relating to Planned Development districts by
addition Section 35-158 providing for minor amendments to a
detailed plan. (The Planning and Zoning Commission recommended
approval 6-0 and the Zoning Ordinance Task Force recommended
approval.)
Frank Robbins, Executive Director for Planning, stated that the
current ordinance only allowed staff changes to an adopted detailed
plan under the errors and omission provisions. There had to have
been some kind of mistake in order for staff to make a change.
This ordinance would allow for minor details to be changed by
staff. Currently any type of change had to go back through the
planning process which might result in a 60-75 day process. The
minor amendments might include such items as moving a dumpster or
changing the type of landscape materials used. Staff could not
change or increase the number of dwelling units, the floor to area
ratio, height, reduce the lot yard, set backs changes, street
access points, change traffic patterns, etc.
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The Mayor opened the public hearing.
Fred Gossett felt that the proposal was very positive to improve
the development process in Denton. It would ease the
technicalities under the guidelines of planned development. These
matters should be left to the Director of Planning and the
owner/developer of the property. This would serve to make the
process smoother and would save time and money. He 'requested
approval of the proposal.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Miller questioned whether it would be possible and
legal to include wording in a planned development to take care of
those kinds of changes.
Robbins replied that that would have to be done for each ordinance
with a planned development. This ordinance would also apply to
previously approved planned developments.
Council Member Miller felt that the City could do revised
procedures for new planned developments.
Council Member Perry asked for details regarding the frustrating
delays, staff work, etc. How much of a burden was the current
system. He questioned the necessity for items to be removed from
the public review as opposed to streamlining the process.
Robbins replied that the frustration came when there were little
items to change and only such things as changing the plant type on
a detailed plan. That change would have to have Planning and
Zoning Commission approval and could take as long as 60 days. The
question was did the Planning and zoning Commission and the Council
need to see such minor changes.
The following ordinance was considered:
NO. 93-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING
REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING
TO PLANNED DEVELOPMENT DISTRICTS BY ADDING SECTION 35-158
PROVIDING FOR MINOR AMENDMENTS TO A DETAILED PLAN; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
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Brock motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"nay", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
4. Public Requests
A. The Council considered a request for a noise exemption
for Kahunas Deli and Grill at 110 N. Carroll Blvd. on Saturday,
August 7, 1993 until midnight.
Catherine Tuck, Administrative Assistant, stated that the request
was a noise exemption for a volleyball tournament with a band. In
the past the music had been lowered when requested to do so by the
neighbors.
Chew motioned, Smith 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.
B. The Council Considered approval of a resolution closing
the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6:00
a.m. until 6:00 p.m. on Saturday, October 2, 1993 for "County Seat
Saturday".
Jane Biles, Main Street Manager, stated that this was a request for
closure of the Square for the annual County Seat Saturday. No one
had signed the petitions in opposition. The correct time for the
street closure was 6:00 a.m. to 6:00 p.m.
The following resolution was considered:
R93-043
A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM
STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF
NORTH LOCUST STREET, AND THE 100 BLOCK OF WEST HICKORY STREET
ON OCTOBER 2, 1993; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, 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.
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C. The Council considered adoption of an ordinance
temporarily prohibiting parking on various streets around the North
Texas State Fairgrounds from August 20-29, 1993. (The Citizens
Traffic Safety Support Commission recommended approval.)
Catherine Tuck, Administrative Assistant, stated that there was a
map included in the backup indicating the streets which would be
affected and that this was a simila~ ~quest as was done last year.
The neighborhood had requested additional no parking on several
other streets. Staff had contacted the neighbors who had basically
agreed to the parking ban.
Mayor Pro Tem Smith asked about parking on Carroll Blvd. across
from the Fair.
Tuck replied there would be no parking to Fain Street.
Council Member Cott asked about a large lot behind the church which
might possibly be used for parking.
Mayor Castleberry stated that there were "Requests to Speak" cards
on this item.
Gene Truss, North Denton Center Neighborhood Association, stated
that the Association had met with the Traffic Commission and had
expanded the area for no parking from last year. He felt it would
be helpful for all parties involved.
Fred Harper indicated that he was in support of the proposed
ordinance.
Council Member Perry asked if the parking restrictions would apply
to the vacant lot across from Fairgrounds.
Tuck replied that it would not affect the lot but would only affect
the on-street parking.
The following ordinance was considered:
NO. 93-127
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY
PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL
BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS
INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
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INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET
FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA
DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH MESQUITE STREET, AND THE NORTH'SIDE OF FAIN
STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS
STATE FAIR AND RODEO TO BE HELD FROM AUGUST 20, 1993 THROUGH
AUGUST 29, 1993; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Perry 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 #8.
8. The Council held a discussion and considered approval of an
annexation schedule regarding the proposed annexation of 23.25
acres located north of and abutting Ryan Road on Forrestridge
Drive.
Frank Robbins, Executive Director for Planning, stated that this
was an annexation time schedule for the proposed 23 acres. The
first and second reading or the initiation of the annexation and
the final action would require 6 votes of the Council. If the
dates were not good dates for a full Council, there might need to
be a change in the schedule. The preliminary plat was a
continuation of the Estates of Forrestridge for SF16 residential
units.
Cott motioned, Smith seconded to approve the schedule. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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.
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Page 15
A. Bids and Purchase Orders:
1. Bid #1507 - Padmounted Transformers
2. Bid #1516 - Asbestos Removal-Denton Municipal
Complex
P.O. #35039 - EMCON/Baker-Shiflett
P.O. #35731 - Layne-Texas
B. Tax Refund
1. Gretchen Hebner/Commonwealth Land Title - $606.35
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1507)
The following ordinance was considered:
NO.93-128
AN ORDINANCE ACCEPTING A COMPETITIVE BID AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
smith motioned, Perry 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.2. - Bid #1516)
The following ordinance was considered:
NO. 93-129
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENT; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
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Smith motioned, Perry 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 providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (5.A.4. - P.O. #35731)
The following ordinance was considered:
NO. 93-130
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, 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 considered adoption of an ordinance
authorizing the Mayor to execute an agreement with EMCON/Baker-
Shiflett for professional services relating to geotechnical testing
and Soil Liner Evaluation Report (SLER) at the Denton Landfill.
(5.A.3. - P.O. #35039)
The following ordinance was considered:
NO. 93-131
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND EMCON BAKER-SHIFLETT,
INC. RELATING TO THE PROFESSIONAL ENGINEERING SERVICES
ASSOCIATED WITH TESTING AND OBSERVATION AND PREPARATION OF
SOIL AND LINER EVALUATION REPORTS; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
smith motioned, Chew seconded to adopt the ordinance. On roll
voter Brock "aye" t Cottt "aye" t Miller "aye" f smith "aye" ~ Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
July 20, 1993
Page 17
E. The Council considered adoption of an ordinance
authorizing the City Manager to execute an interlocal agreement
with the Texas Department of Mental Health and Mental Retardation
and the Denton State School to continue the use of property
belonging to the Department and controlled by the School for a
public park known as Briercliff Park.
Bob Tickner, Superintendent of Parks, stated that the ordinance
would continue the agreement with the Denton State School for 11
acres known as Briercliff Park. This would be an interim agreement
for one year when the State would review the agreement.
The following ordinance was considered:
NO. 93-132
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MENTAL
HEALTH AND MENTAL RETARDATION AND THE DENTON STATE SCHOOL TO
CONTINUE THE USE OF PROPERTY BELONGING TO THE DEPARTMENT AND
CONTROLLED BY THE SCHOOL FOR A PUBLIC PARK KNOWN AS BRIERCLIFF
PARK, AND DECLARING AN 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.
7. Resolutions
A. The Council considered approval of a resolution complying
with the order for information by Region 6 of the United States
Environmental Protection Agency, as contained in Docket No. VI-91-
2641. (The Public Utilities Board recommended approval.)
Howard Martin, Director of Environmental Operations and Financial
Administration, stated that this document allowed the EPA to assess
the Denton program and look at activities at the Wastewater
Treatment Plant for potential problems. The EPA was interested in
a funding resolution which would assure them that the Council had
looked at the information and was aware of any potential problems.
Council Member Miller asked who conducted the audit.
Martin replied that the staff conducted the audit.
Council Member Miller asked if the EPA audited the audit.
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City of Denton City Council Minutes
July 20, 1993
Page 18
Martin replied that the EPA would check the information in the
audit at the time of inspection.
The following resolution was considered:
NO. R93-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
COMPLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN
DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Perry 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 accepting
a grant offer from the Federal Aviation Administration in the
amount of $150,000 for the acquisition of property necessary for
the expansion of the runway at the Denton Municipal Airport. (The
Airport Advisory Board recommended approval.)
Rick Svehla, Deputy City Manager, stated that in March Council had
approved an award for acquiring the property. Staff was able to
submit a grant to the FAA for reimbursement. The first payment was
for $150,000 with an amendment later for $9,000 for full
reimbursement.
The following resolution was considered:
NO. R93-045
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION IN THE AMOUNT OF $150,000 FOR THE ACQUISITION
OF PROPERTY NECESSARY FOR EXPANSION OF THE RUNWAY AT THE
DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith 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.
8. Item #8 was considered earlier in the meeting.
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City of Denton City Council Minutes
July 20, 1993
Page 19
9. Staff Direction
The following items were listed for staff direction:
A. The Council considered approval of a resolution
nominating a member to the Board of Managers of the Denco 9-1-1
District.
Lloyd Harrell, City Manager, stated that this item was discussed by
Council at its last work session. Olive Stephens was the current
member of the Board and had indicated an willingness to be
reappointed. None of the other cities indicated that they would be
nominating someone.
Council Member Cott asked if the appointment was subject to term
limitations.
City Manager Harrell replied no.
The following resolution was considered:
NO. R93-046
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO 9-1-1 DISTRICT.
Smith motioned, Perry seconded to nominate Olive Stephens. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. The Council considered nominations and appointments to the
City's Boards and Commissions.
Council Member Perry nominated Jerry Porter to the Plumbing and
Mechanical Code Board.
Council Member Cott requested suggestions for an appointment to the
Animal Shelter Advisory Board. This position had to be a city
employee.
City Manager Harrell suggested Joseph Portugal.
Council Member Cott nominated Joseph Portugal to the Animal Shelter
Advisory Board.
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City of Denton City Council Minutes
July 20, 1993
Page 20
Chew motioned, Brock seconded to approve the above mentioned
nominations. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Mayor Castleberry indicated that he had appointed Mrs. Fred Hill to
the Denton Housing Authority.
11. Update on the "Vision for Denton - 21st Century Project"
(Council Members Brock and Miller).
Council Member Miller stated that the Cabinet recently had a
meeting with Joe Landford who presented a seminar regarding the
visioning project undertaken by Rock Hill, North Carolina. He was
very impressed with Denton and the parallel with the two cities.
Landford was optimistic with the level of leadership and
cooperation between entities in the City. He suggested making
notices of when an individual would arrive at certain areas of the
city such as the universities and the Square, etc.
Mayor Pro Tem Smith indicated that she was very impressed with the
symbolism involved with the Rock Hill program. The Rock Hill
program was a very inventative project.
City Manager Harrell stated that Landford had visited approximately
10 cities so far regarding a visioning project. Landford had
indicated that he wanted to pick three or four cities with a chance
to make this happen and provide help to make sure it became a
reality. Landford looked at geography and leadership to make it
happen and felt that Denton had both aspects. Council had made
tentative financial commitments of $50,000 for the project with
$25,000 in the Public Utilities Board budget which would effective
October 1. The General Fund was flexible this year and plans were
to transfer $25,000 from the City Manager's contingency fund to a
special fund for the visioning project. This would be administered
by the Finance Department. The other agencies would put their
funds into the United Way and then draw those into the finance
fund.
12. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, reminded the Council of the
Board/Commission reception which would be held on July 27th at 7:00
p.m. There would be a brief meeting at 5:15 p.m. of the Council
before the reception.
13. There was no official action on Executive Session Items
considered during the Work Session Executive Session.
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City of Denton City Council Minutes
July 20, 1993
Page 21
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Perry asked for a task force to be set up
and to be named the Denton Center Neighborhood Association/North
Texas Fair Association Task Force.
Council Member Miller suggested putting this item on a study
session as he felt there were various issues to discuss with the
formation of such a task force.
A. Council Member Chew asked for a review of the City's
drug testing policy.
C. Mayor Pro Tem Smith asked for a report regarding the
percentages for the Laylor recipients and the amount of funds they
were to receive this year.
D. Council Member Miller suggested notification on major
projects taking place in the City so citizens know what was
happening such as the work going on Teasley Lane.
E. Mayor Pro Tem Smith stated that the Council's adopt-a-
spot needed cleaning.
15. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 10:10 p.m.
BOB CASTLEBERRY, MAYO~
CITY OF DENTON, TEXAS/
I
TNIF~WALTERS
Y SECRETARY
Y OF DENTON, TEXAS
ACC00134