Minutes August 17, 1993208
CITY OF DENTON CITY COUNCIL MINUTES
AUgUst 17, 1993
The Council convened into the Work Session on Tuesday, August 17,
1993.
PRESENT: Mayor Castleberry; Council Members Brock, Chew, Cott,
Perry, and Miller.
ABSENT: Mayor Pro Tem Smith
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Considered worker's compensation claim of Larry
Carter.
2. Considered claim of Shirley Pitts.
3. Considered claim of Witma Gaffney.
Considered action in Texas Waste Management v. City
of Denton.
B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments -- Under Sec. 2(g), Art.
6252-17 V.A.T.S.
Council Member Cott left the meeting during the discussion of Texas
Waste Manaqement v. City of Denton.
2. The Council received a report and held a discussion regarding
the designation of the O'Neil Ford Civic Complex as an Historic
District and gave staff direction.
Frank Robbins, Executive Director for Planning, stated that the
Historic Landmark Commission had suggested designating the entire
area around the Civic Center Park as an historic district. There
would be a two step process for designation which included staff
and the Historic Landmark Commission developing key elements and
presenting them to Council before beginning a formal process of
developing an ordinance. These elements would include types of
improvements that would necessitate approval of a certificate of
appropriateness and who would decide the certificate. That
information would be submitted to Council for review prior to
initiating the formal adoption process. The second step would be
Council's formal authorization to begin the process of amending the
zoning ordinance by adding the district, after consideration of the
Historic Landmark Commission's preliminary recommendations. The
process would contain public feedback and Council would be informed
of ideas as they developed.
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Council Member Brock asked about a time frame.
Robbins replied that there was no definite time frame and that it
would depend on the types of issues involved. The Historic
Landmark Commission would need at least several meetings to
consider the issue.
Council Member Brock stated that the City would be making
modifications to city Hall as work was completed on the Denton
Municipal Complex and the Police building. Was it anticipated that
this would be in place before any work would begin on City Hall.
Robbins replied that there were possible ways to deal with that
issue. The Council could ask for advice on renovation before
beginning any work. Council could adopt an ordinance and ask for
advise from individuals who had the expertise in this area.
city Manager Harrell stated that according to the time line adopted
by Council for the renovations, there would be plenty of time to
decide the issue. Because of the sensitive nature of this issue,
it would be best to proceed with a two step process to work out the
details on how the process would work.
Council Member Perry asked if this would be a separate district
with its own integrity and would it be attached to any other works
in the City.
Robbins replied that other buildings were not part of this
proposal.
Council Member Miller felt that there should be some type of review
process done before any exterior changes were done to public
buildings. A building might not be a landmark now but could become
one in the future.
Council Member Brock stated that each historic district had a
different set of criteria and its own ordinance. She asked if the
city Hall ordinance could be written either less or more strict
than the one for the residences on Oak Street.
Robbins replied correct.
Judith Abbott, Chair - Historic Landmark Commission, stated that
Council needed to keep in mind the process involved. The Historic
Landmark Commission was only an advisor to the Council. This
proce~ would not be a reduction of Council power but an increase
of awareness.
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Mayor Castleberry stated that Council could ask the advice of the
Historic Landmark Commission and then not approve an ordinance.
They did not have to follow the Commission's advise and were not
obligated to establish a formal district.
Council Member Chew felt that a key issue would be the
functionability of the buildings. The ordinance needed to do what
the Council wanted it to do. Would the ordinance mean that the
Council would have to return to the Historic Landmark Commission
for each change of a building.
Robbins replied that that would be one of the issues which would be
worked out before any formal adoption process.
Mike Cochran, Planning and Zoning Commission, stated that the
creation of such a district would be symbolic and that there would
be no restraints on the function of the buildings.
Council Member Miller felt that it would be a good idea for review
of the process which would provide for give and take during the
discussion process.
Council Member Cott asked for the cost of the process.
City Manager Harrell replied that there would be no direct cost for
taking on the process. An indirect cost would be staff time for
the project but no direct dollar cost.
Consensus of the Council was to proceed with the preliminary
process.
3. The Council received a report and held a discussion regarding
the purchase of video equipment for the broadcasting of City
Council meetings.
Bill Angelo, Director for Community Services, stated that ECI Video
was the low bidder for this project but was approximately $10,000
over the budget for the project. One reason the bid was over
budget was that $3500 was included for the installation of the
equipment which was never considered a necessity as existing staff
was capable of performing this function. Without that expense, the
bid was still approximately $6500 above budget. Staff recommended
cutting the installation costs but keep the other items. Removal of
any of the proposed equipment would impact flexibility and quality
of the project. There were available funds to cover the additional
expense.
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Council Member Perry stated that the money from Sammons was not
technically "grant" money. That money was part of the franchise
agreement and was not a grant to the City.
City Manager Harrell stated that the money was a result of the
refranchise. It was a trade-off for a previous commitment to
broadcast city council meetings. The City had released Sammons of
that commitment and Sammons had granted the City $60,000 for the
purchase of equipment for televising.
Council Member Miller stated that $3500 was indicated for training
and would have no impact. Was staff recommending that training
remain in the bid. ~
Angelo replied that staff would prefer to keep the training in as
it would be manufacturer training regarding the use of the
equipment.
Council Member Brock asked if the proposals for equipment had been
seen by the DISD as they would be involved in a joint venture.
Angelo replied that Susan McGuire, the DISD's Public Information
Officer, had seen the figures. The proposed DISD budget would
allow the DISD to take care of the maintenance contract for the
equipment.
Mayor Castleberry asked if the DISD were still interested in a
cooperative effort.
Angelo replied yes.
Council Member Chew asked for the cost to operate the program.
Angelo stated that it would be approximately $19,000 per year for
City Council broadcasting.
Council Member Perry asked about the level of training of the
individuals who would operate the equipment. He questioned the
quality of operation.
Council Member Cott stated that he had had much experience with the
University of North Texas department which would be working the
equipment and knew them to produce good quality work.
Council Member Brock asked about the possibility of copyrighting
the videos of the meetings. She had seen prior videos of Council
meetings when only a small portion of the meeting was shown which
might cause a problem especially during a political campaign.
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Angelo replied that he had asked for legal opinion regarding such
an issue.
City Attorney Drayovitch stated that the City might be allowed to
copyright the videotapes but those tapes could be copied upon
request. Copies would be available to the public.
Mayor Castleberry felt that this issue might need to be
investigated before the Council proceeded.
Council Member Brock felt that it should not be a condition to the
Council proceeding with the broadcasting.
Consensus of the Council was to proceed with project.
4. The Council received a report and held a discussion regarding
the City's noise ordinance as contained in Section 20-1 of the Code
of Ordinances for the City of Denton.
Tanya Cooper, Assistant City Attorney, stated that in the noise
ordinance there was the provision for granting an exception to that
ordinance. One provision in the ordinance was an unreasonable
noise, the use of an amplification, the use of a loudspeaker, etc.
on Sunday. There was a basic standard which would be deemed
acceptable. The ordinance also allowed for an exception to that
standard. In granting that exemption the person seeking the permit
was not subject to enforcement until the expiration of the time
established. It did not mean that one could not hold the event
without a permit without being cited. If an exemption were granted
and time expired with noise continuing, enforcement could be done
which might include warnings, citations, and finally arrest. The
officer did not have any specific authority to remove the noise
maker such as the loudspeaker, etc.
Council Member Chew asked if the Council granted an exemption, were
they telling an individual that he could make noise as loud as he
wanted until the time limit expired.
Cooper stated that the person granted the exemption had the
authority to exceed the baseline ~tandard and the time period.
Council Member Chew stated when Council granted an exemption they
were only allowing the same level standard but for a longer period
of time. It was not an exemption from not staying in a normal
level.
Cooper replied that it was not a total exemption from the
ordinance.
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City Manager Harrell stated that it was important to remember that
if the Council gave permission to exceed the higher standard when
the exemption time expired and the band continued to play in such ....
a manner that it did not disturb any adjoining property owners, the
band could keep playing.
Council Member Miller asked if on a Sunday could someone use an
amplifier without permission if it were felt that it would not
disturb anyone.
City Manager Harrell stated that the ordinance spoke to a situation
where an annoyance was occurring to an adjoining property.
Council Member Miller stated that if that was the case, why have an
exemption. What were they granting.
City Manger Harrell stated that Council was granting the standard.
During normal daytime and evening operations up to 10:00 p.m.,
there was a standard of noise which was acceptable. Past that
time, there was a higher standard. In granting an exemption, the
normal standard was extended.
Council Member Perry stated that granting an exemption allowed the
use of an amplifier between certain hours. It never granted the
right to violate the noise ordinance. The trigger for the noise
ordinance was the ordinary sensibilities of an individual.
Council Member Brock stated that a violation of this type could be
pursued by a private citizen or any police officer. She asked how
a private citizen would do that. Would it be by calling the
police, by a complaint or by a direct complaint to the Legal
Office.
Council Member Perry asked for comments from Chief Jez on
enforcement done with an exemption.
Due to time constraints, this item was continued during the Regular
Session under Miscellaneous Matters from the City Manger.
5. The Council held a discussion and gave staff direction
regarding budget issues and budget calendar for the 1993-94 fiscal
year.
Due to time constraints, this item was continued during the Regular
Session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting on Tuesday, August
17, 1993 in the Council Chambers.
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PRESENT: Mayor Castleberry; Council Members Brock, Chew, Cott,
Perry, and Miller.
ABSENT: Mayor Pro Tem Smith
1. Pledge of Allegiance.
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Meeting of July 20, 1993 and the Special Call meeting of July 27,
1993.
Perry motioned, Brock seconded to approve the minutes.
Council Member Miller corrected the spelling of Steve Woerner and
Bob Tickner in the July 20th minutes.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
The Mayor presented a proclamation for United Way Month.
3. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning a .62 acre tract from the Multifamily-One
(MF-1) District to the General Retail (GR) District [c]~with
conditions on property located on the north side of University
Drive, approximately 250 feet east'of Locust Street. Z-93-018
(The Planning and Zoning Commission recommended approval 5-0.)
Frank Robbins, Executive Director for Planning, stated that this
was a rezoning from MF-1 to General Retail and was a very narrowly
defined conditioned zoning district. Most of the uses allowed in
the general retail district were prohibited. The Planning and
Zoning Commission had reviewed the proposal in the context of
disappropriate share allocation of intensity. There were a series
of conditions to ensure that the allocation would not be an
incompatible land use on the property. The structure would be
reused and no major structural changes would be allowed other than
the development of a patio and garage. No outside advertising
would be allowed and the maximum gross floor area could not exceed
20% of entire main structure. No food preparation would be allowed
on-site. The applicant was not present and if Council felt this
was a difficult issue, it might consider postponing consideration
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to allow the applicant to speak to issues.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 93-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH
CONDITIONS (GR-c) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR .63 ACRES OF LAND LOCATED ON THE NORTH SIDE OF
UNIVERSITY DRIVE, APPROXIMATELY 250 FEET EAST OF LOCUST
STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing on the proposed
annexation of 23.25 acres located north of and abutting Ryan Road
on Forrestridge Drive. (A-62)
City Manager Harrell stated that this was a continuation of a
public hearing at prior meeting.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
No further action was needed on this item.
4. Public Requests
A. The Council considered an exemption to the noise
ordinance for the Denton High School Rodeo Club for a loudspeaker
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City of Denton City Council Minutes
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Page 9
at the North Texas Fairgrounds October 1 and 2 until 12 midnight
and October 3 from 1:00 p.m. - 6:00 p.m.
Catherine Tuck, Administrative Assistant, stated that the request
was for an exemption to the noise ordinance with the following
hours: October 1 and 2 until 12 midnight, October 3 from 1:00 p.m.
- 6:00 p.m.
Mike Newberry, sponsor of the Team stated that this was a very
established organization and was very professional. They had held
the event at the Fairgrounds for several years and were very aware
of the problems in the area and at 10:00 p.m. would turn the sound
system down as much as possible. There would be no live music, no
alcoholic beverages on the premises, and had the support of the
business community. Without the variance they would have to have
the event in Saginaw.
Council Member Perry asked if the group participating in the rodeo
would be only Denton high school students.
Newberry replied that there were approximately 58 high schools
which were members of the association. Past performances brought
approximately 3000 people into Denton who would be out-of-town
people.
Council Member Perry asked Newberry to explain why the rodeo needed
the hour from 11:00-12:00 p.m.
Newberry stated that there were over 700 participants in 3 rodeos
which could get quite lengthy at times. He did not think they
would be there until midnight. There were times when the rodeo had
to stop such as when an ambulance left the arena. The rodeo could
not continue until another was present. This might cause the rodeo
to go longer than anticipated.
Perry motioned, Chew seconded to grant the exemption. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. citizen Reports
A. The Council received a citizen report from Alan Hempstead
asking that firefighters be allowed to solicit on the roadways for
the MDA Fill-The-Boot Campaign.
Alan 'Hempstead stated that the firefighters were requesting the
Council to modify the city ordinance which prohibited firefighters
'from soliciting on street corners. The current ordinance
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Page 10
prohibited their campaign for their annual Fill-The Boot campaign.
Donations were kept in the Denton area and used for Denton
residents. They were seeking the Council's support to modify the
ordinance. ~'
Ken Gold stated that he supported the request of Mr. Hempstead and
felt that MDA was a very worthy cause.
Mayor Castleberry stated that there were three Council Speaker
Cards from L. B. Jones, Judi Erickson, and Betsy Swofford in
support of this item but who did not wish to speak to the Council.
Council Member Cott requested Council grant the variance requested.
City Attorney Debra Drayovitch stated that the item was not on the
agenda for action. The only action the Council could do was to
direct staff to bring an appropriate ordinance at the next meeting.
Council Member Chew stated that he would like to direct staff to do
so.
Council Member Miller stated that he was sympathetic to the request
but felt that per discussion at the Council's planning session this
type of item would be placed on a work session, followed by
drafting of an ordinance.
Council Member Chew replied that his suggestion was to place the
item on work session to review.
Council Member Cott reminded Council that the date requested was
Labor Day.
Council Member Brock felt that there were a lot of different
options to accommodate the firefighters.
city Manager Harrell stated that when this was discussed a year
ago, a point of motion offered to direct staff to bring information
regarding other ordinances in the Metroplex to proceed with an
ordinance. That motion was defeated at that point and nothing
further occurred. He felt Council now would like to gather that
information to talk about a way to change the ordinance. There was
a tight time frame to complete such an ordinance.
Council Member Chew asked staff to develop alternatives so as to
a¢co~modate the firefighters. Perhaps a temporary cease order to
allow them to solicit for funds on the streets.
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City Attorney Drayovitch stated that she was not aware of any
temporary provisions of the ordinance.
B. The Council received a citizen report from Dessie Goodson
regarding the noise ordinance.
Ms. Goodson was not present at the meeting.
6. Consent Agenda
Perry motioned, Miller seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
A. Bids and Purchase Orders:
RFSP #1526 - Video Equipment
Change Order - Gracon Construction P.O. #26052A
Change Order - Pate Brothers P.O. #34757
7. Ordinances
A. The Council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for purchase
of materials, equipment, supplies or services. (6.A.1. - RFSP
#1526)
The following ordinance was considered:
NO. 93-142
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cot%, Ilaye~, ~4~ller ~aye~ , Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance
authorizing the execution of Change Order No. 9 to a contract
between the City of Denton and Gracon Construction Company; and
providing for an increase in the contract price. (6.A.2. - P.O.
#26052A)
The following ordinance was considered:
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Page 12
NO. 93-143
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER 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.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of .an ordinance
authorizing the execution of Change Order No. 3 to a contract
between the City of Denton and Pate Brothers; and providing for an
increase in the contract price. (6.A.3. - P.O. #34757)
The following ordinance was considered:
NO. 93-144
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND PATE BROTHERS
CONSTRUCTION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance providing
for a change of name for the citizens Traffic Safety Support
Commission to the Traffic Safety Commission. (The citizens Traffic
Safety Support Commission recommended approval.)
Jerry Clark, city Engineer, stated that this ordinance would
shorten the name for citizens and as the Commission was now a
decision making board, the current name might be misleading.
The following ordinance was considered:
NO. 93-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE OF NAME FOR THE CITIZENS TRAFFIC SAFETY SUPPORT
COMMISSION TO THE TRAFFIC SAFETY COMMISSION; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; A/~D PROVIDING FOR AN
EFFECTIVE DATE.
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Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance approving
an easement agreement between Nations Bank of Texas, N.A., the City
of Denton, Texas, and Denton Independent School District; and
authorizing the acceptance of an access easement from Nations Bank
of Texas, N.A.
Jerry Clark, City Engineer, stated that this was the location of
Fire Station No. 6. The DISD was requesting a bus lane to separate
the buses from the car traffic. This easement would provide for
that lane. The DISD would assume 1/3 of the maintenance costs of
the easement and would allow the City to construct the driveway to
the fire station. There were adequate funds in the Station 6
account to do this proposal.
The following ordinance was considered:
NO. 93-146
AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN NATIONS
BANK OF TEXAS, N.A., THE CITY OF DENTON, TEXAS, AND DENTON
INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE ACCEPTANCE OF AN
ACCESS EASEMENT FROM NATIONS BANK OF TEXAS, N.A.; AND
PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance amending
portions of Chapter 14, Article II, ("Health Officer"), of the Code
of Ordinances to provide for a designation of a City Health
Officer; to provide definitions for unsanitary, unhealthful, and
unsafe conditions; to provide the Health Officer with authority to
make inspections for unsanitary, unhealthful, and unsafe conditions
and abate said conditions after notice; and to provide for an
offense for any person to maintain said condition after notice to
abate.
Nonie Kull, Environmental Health Services Manager, stated that
several weeks ago Council directed staff to prepare this ordinance.
The proposed ordinance would allow the City to deal with any
similar conditions such as Hartfelt and at a private residence or
business.
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Council Member Miller felt that the ordinance did more than clarify
the present ordinance. It gave authorization to do more than
currently could be done.
Kull replied that the current ordinance was very broadly defined
and that the proposal was structured.
Council Member Miller stated that the City would be able to take
action it previously could not do.
Kull replied correct.
Mayor Castleberry indicated that Council had a speaker card on this
item from Barbara Coe and Joe Dodd.
Barbara Coe stated that she was glad to see the City moving to
strengthen the present ordinance. She stated that Section 2B2
referred to an unsafe condition causing harm or injury and asked if
that included depriving food and water or shade.
Tanya Cooper, Assistant City Attorney, replied that that provision
was already regulated by State law in the Penal Code. That
provision was a Class A misdemeanor with a higher penalty than the
City could adopt.
Coe asked if that situation were occurring where would it be
reported.
Cooper replied that it would be referred to the State and the
District Attorney would be the prosecuting authority.
Joe Dodd felt that the proper way to approach this issue was to
protect people from animals. If the animals were kept in a
condition which endangered people, the Health officer and the
proposed ordinance answered many of the complaints.
The following ordinance was considered:
NO. 93-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 14, ARTICLE II, ("HEALTH OFFICER"), OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR A DESIGNATION
OF A CITY HEALTH OFFICER; TO PROVIDE DEFINITIONS FOR
UNSANITARY, UNHEALTHFUL, AND UNSAFE CONDITIONS; TO PROVIDE THE
HEALTH OFFICER WITH AUTHORITY TO MAKE INSPECTIONS FOR
UNSANITARY, UNHEALTHFUL, ANDUNSAFE CONDITIONS AND ABATE SAID
CONDITIONS AFTER NOTICE; TO PROVIDE FOR AN OFFENSE FOR ANY
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PERSON TO MAINTAIN SAID CONDITION AFTER NOTICE TO ABATE; TO
PROVIDE FOR A SEVERABILITY CLAUSE; TO PROVIDE FOR A REPEAL OF
ANY ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION OF THE
PROVISIONS HEREOF; AND TO PROVIDE FOR AN EFFECTIVE DATE.
Brock motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "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 a settlement agreement and
release of judgement in the matter of Texas Waste Manaqement v.
City of Denton.
Council Member Cott left meeting due to potential conflict of
interest.
City Attorney Debra Drayovitch stated that the proposed ordinance
authorized the City Manager to execute an agreement and abatement
of the appeal of the lawsuit Texas Waste Manaqement v. the City of
Denton in exchange for the payment to the City of $160,000. It
specifically reflected that the judgement of the trial court in
this matter was in no way affected regarding the constitutionality
of the City's ordinance. There were no settlements in that regard,
it merely clarified the monetary amount that Waste Management would
pay to the City of Denton.
Council Member Miller stated that this would end the appeal process
for that District Court trial.
City Attorney Drayovitch replied yes but that it did not affect the
validity of that judgement.
The following ordinance was considered:
NO. 93-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZ~N~ THE
CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE OF
JUDGEMENT IN THE MATTER OF TEXAS WASTE MANAGEMENT V. CITY OF
DENTON TEXAS; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Council Member Cott returned to the meeting.
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8. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute a lease agreement between
the City of Denton and Denton County Archers.
Bill Angelo, Director of Community Services, stated that this lease
was for 10.15 acres known as the former landfill site. In
consideration of the lease, the Denton County Archers would pay $1
per year and agreed to provide inspectional services for the City.
The real benefit to the city from the lease would be to resolve the
security problem at the site which was subject to vandalism and
damage in the past. With the Denton County Archers on the site,
there would be traffic on the property on a consistent basis and
problems would be reported faster. The proposed lease benefited
both organizations.
Council Member Perry asked about liability.
Angelo stated that the City was fully indemnified from any acts or
damages which might occur. The Association had met the City's
insurance requirements.
The following resolution was considered:
NO. R93-046A
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY
ARCHERS; AND PROVIDING FORAN EFFECTIVE DATE.
Brock motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
appointing William Giese to the Board of Directors of the Texas
Municipal Power Agency.
City Manager Harrell stated that this was a request of TMPA for
formal notification.
The following resolution was considered:
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August 17, 1993
Page 17
NO.R93-047
A RESOLUTION APPOINTING WILLIAM GIESE TO THE BOARD OF
DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING
AN EFFECTIVE DATE.
Chew motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
9. The Council considered a motion to suspend the Rules of
Procedure and reconsidered an ordinance amending the zoning
regulations, 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 and reconsidered such
ordinance.
Frank Robbins, Executive Director for Planning, stated that this
recommendation was from the Zoning Ordinance Task Force and was
recommended for approval by the Planning and Zoning Commission.
Council approved the ordinance by a vote of 4-1 on July 20, 1993
after a public hearing. Since that time there had been a request
for reconsideration. The ordinance was in effect and first
amendment done under the provision of this ordinance was associated
with the planned development considered earlier in the meeting.
Council Member Brock felt that the discussion was in the merits of
the case. Whereas the first motion needed was whether or not to
reconsider.
Perry motioned, Chew seconded to suspend the rules to reconsider
the ordinance.
Council Member Miller stated that he would not vote for the motion
as there had been enough discussion regarding the ordinance when it
was passed.
On roll vote, Brock "nay", Cott, "aye", Miller "nay", Chew "aye",
Perry "aye", and Mayor Castleberr¥ ,nayw~. Motion did not pa~ du~
to a tie vote.
Council Member Perry asked for the procedure in order to have his
position noted on this ordinance. He felt there were matters which
needed to be placed in the record.
City Attorney Drayovitch stated that she would research the matter
and provide Council Member Perry with the information. She felt
that a Council Member would have the right to have a statement
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August 17, 1993
Page 18
entered into the record but was not sure if Council had to vote on
such.
10. The Council considered an appointment to the Sales Tax
Citizen's Advisory Committee.
Council Member Miller stated that he had appointed Bryon Hart who
was no longer able to participate due'to his work schedule. Miller
nominated Steve Woerner to the Committee.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
11. Miscellaneous matters from the City Manager.
Council considered Work Session Item #4.
4. The Council received a report and held a discussion regarding
the City's noise ordinance as contained in Section 20-1 of the Code
of ordinances for the City of Denton.
Council Member Perry asked for the impact on the operation of the
Police Department when Council granted an such an exemption.
Mike Jez, chief of Police, stated that the net effect of a variance
was to extend the base level of noise to that time granted.
Following that time, the Police Department was more strict with the
interpretation of the noise ordinance. Often when a citizen
complained, he was not willing to sign a complaint so it was the
duty of the officer to listen to the noise and determine if that
noise violated the ordinance, since July of 1992 the Police
Department had issued over 500 citations for violations of that
ordinance, citizens thought that the police had the ability to
stop the noise and shut it down which was not true. The police
could issue a verbal warning, issue a written citation or do an
arrest. They did not have the authority to stop the noise·
Council Member Perry asked of those 500 citations, how many were in
conjunction with the Fairgrounds.
Jez replied that there were very few in that area and that the
citations were spread out over town.
Council Member Miller asked how many of the citations were in
conjunction with variances granted versus other disturbances.
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August 17, 1993
Page 19
Jez replied that in 98-99% of the cases, they were not related to
the variances granted. This was a problem which occurred every day
particularly on weekends.
The Council considered Work Session Item #5.
5. The Council held a discussion and gave staff direction
regarding budget issues and budget calendar for the 1993-94 fiscal
year.
City Manager Harrell stated that there were two parts to this item.
One was a review of the remaining calendar for the budget and the
second was any remaining questions regarding the budget. At the
August 24th meeting, staff would be going through and providing
written answers to the questions from Council regarding the budget.
There would also be several other items for consideration. At the
August 31st meeting there would be a public hearing regarding the
proposed budget with a regular business meeting. There would be
a specific review of the major budget issues which needed direction
and a decision by Council in order to balance the budget and would
add any other major budget issues Council desired. This would
provide a list of remaining issues which needed to be dealt with
prior to the adoption of the budget. The September 7th meeting
would have no action items on the agenda with only discussion of
the budget. There might be the need to schedule a special meeting
if Council was not finished with those items. At the September 14th
meeting there would be the final Council action of adopting the
ordinance for the budget and setting the tax rate.
Council Member Cott asked for a budget on the current tax rate.
The assessed valuation had gone down seven years in a row and the
actual tax levy had gone up.
City Manager Harrell replied that the budget was formulated in such
a way that it would not be difficult if Council made a policy
decision to stay at $.7180. No budget recalculations were needed.
There were budget packages which were recommended to be funded and
all Council needed to do was to start taking those packages out in
accordance with the priorities of th~ Council. It was there for
Council to make that kind of decision.
Council Member Cott stated that using the effective rate and a
decrease in assessed valuation, it appeared that the City would be
spending $13,580,000 with a 97.5% collection. If the $.7180 rate
were used, the City would be spending $13,018,000. That was a
$562,000 difference between those two. The City was in a
continuing downsizing of the assessed valuation in the community.
~He did not know if it was the Council's work to suggest how that
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city of Denton City Council Minutes
August 17, 1993
Page 20
$562,000 be withdrawn. He requested suggestions from staff on how
to cut that amount.
City Manger Harrell stated that the budget was put together so that
could easily be done. The major budget issues contained a ranking
of budget packages which indicated where the line was drawn for
recommendation for budget using the effective tax rate. If Council
wanted to see what the alternative budget would be at a rate of
$.7180, it was only necessary to go up the line $580,000 and draw
a new line. Those packages below that line would be taken out of
the budget.
Council Member Chew thought it might be worthwhile to look at such
a list.
Mayor Castleberry asked Council to bring back additional questions
for next week. He asked if the schedule was satisfactory with
everyone.
Consensus of the Council was that the schedule was satisfactory.
John McGrane, Executive Director for Finance, stated that he would
go over the listing of questions to see if Council required any
further explanation.
1. Legal Services - Zoning ordinance - QUestion concerned hiring an
outside consulting attorney to help develop the zoning ordinance
and what additional staff time would be required.
2. Recycling Coordinator Position - Question concerned a
clarification on the total budget associated with that position,
the organizational chart and job description.
Council Member Brock stated that she was concerned that recycling
dealing with the landfill problem was a priority for this year.
The Council was now in the position of making this on the basis of
a budget decision rather than on the merits of whether this was the
best approach. She would like to know to what extent this proposed
program in the budget conformed to the recommendations of the Task
Force~
3. Zoning Cases - hours per case - Question concerned the
productivity measures and how the number of cases being reviewed
was declining.
4. Planning revenue/fees - Question concerned an explanation on
those fees.
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City of Denton City Council Minutes
August 17, 1993
Page 21
5. Code Enforcement - cost containment - Question concerned
looking at priorities or levels of inspection and enforcement.
Council Member Perry asked for the impact of noise containment on
the Police Department.
Council Member Brock suggested looking at events such as the Fry
Street Fair.
6. Main Street - downtown investment - Question concerned a
further clarification of private investments.
7. Copy Equipment analysis - Question concerned a reduction in
copying costs.
8. Laylor fund recipients - projected use of fund balance -
Question concerned cash flow analysis.
Council Member Perry raised the point regarding the requirement of
audits from the organizations.
McGrane replied that that issue might be looked at when the City
renegotiated the organization's contracts.
9. Use of bar coding - Question concerned the use of bar coding in
Purchasing.
10. Parking Meter receipts - Question concerned the decrease in
revenue.
11. Athletic programs - total operating costs - Question concerned
total operating costs for the programs.
12. Alcohol sale at parks - Question concerned the sale of alcohol
at City parks.
13. Recreation fees - non-resident, administration fees, etc. -
Question concerned recommendations from the Parks Department.
Council Member Perry asked if all vendors had equal access to the
parks or were the concessions only for one vendor or specific
vendors.
14. Parks and Recreation - proceeds from vendor/concessions -
Question concerned the use of proceeds from vendor/concessions.
15. Athletic fields - alternative turf methods - Question
concerned the possible use of artificial turf for athletic fields.
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City of Denton City Council Minutes
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page 22
16. MLK Center staffing - Question concerned how the standards
compared to the staffing at other Centers.
17. ADA compliance - Question concerned how the City was complying
with the requirements.
18. Denton Municipal Center - cost analysis - Question concerned
rental fees which the City was currently paying and
utilities/maintenance costs which would be shifted to the Center.
19. Facilities Management maintenance budget - Question concerned
what was included in the Facilities management budget.
20. Tuition reimbursement - Question concerned what it would take
to restore the program back to its current level.
21. Pay plan - civil Service - Question concerned pay plan for
civil Service employees.
22. Incentive award program - Question concerned the standards and
the process used.
Council Member Miller asked that it include the dollar amount
included in the program.
23. Response to memo from fire fighters - Question concerned a
response to the issues and questions the fire fighters had raised.
24. Electric rate comparisons - Question concerned how the City
compared to Texas Utilities in electric rates.
25. Wastewater budget - revenues over expenditures - Question
concerned an indicated surplus in this budget.
26. Sanitation - ROI - Question concerned why this charge was not
applied to the sanitation fund.
27. Water tower - CIP - Question concerned where a new water tower
appeared in the CIP.
28. Visioning - Question concerned funds from the sanitation
budget.
29. Recycling - long range planning/cost - Question concerned cost
and long range planning for recycling.
30. Landfill - State mandates - Question concerned the State
'mandates for standards regarding reduction of flow with recycling.
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City of Denton City Council Minutes
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Page 23
McGrane reviewed the issues which were raised prior to the August
10th meeting which had already been presented to Council.
1. Current year's pay plan results/managed health care program.
2. Parks - utility lighting fee
3. Ambulance -- subscription service/County subsidy.
4. Recycling program.
5. Legal services - Civil Service & Zoning Ordinance.
6. Police - civilian jailers/portable radios.
7. Fire - communication needs/comparative fire loss percentages.
Council Member Miller indicated that there were no numbers
indicated in the memo regarding the Fire Department budget impact.
8. Street paving
Council Member Brock stated that last year when Council started
budget presentations, there was an indication that there would be
no additional staffing and all budgets would be held down to a
minimum. This year it appeared that the total property appraisals
had gone down a greater percentage than they did last year but the
budget picture was much better this year. She asked why the
picture seemed more favorable this year than last year.
Council Member Miller stated that Council was looking at rate
recommendations for solid waste and water rates. He asked for some
comparative data from the surrounding cities for residential solid
waste and water rates.
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City of Denton City Council Minutes
August 17, 1993
page 24
12. There was no official action taken on Executive Session items
discussed during the Work Session Executive Session.
13. New Business
There were no items of New Business suggested by Council Members
for future agendas.
Mayor Castleberry gave a briefing regarding the County zoning Board
for Lake Roberts. The Mayors of Denton and Pilot Point were
automatically on the Board. A public hearing had been held and
additional information was to be presented in the near future.
14. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 8:45 p.m.
C~iTNI~E~WALTERS
Y SUm T Y
Y OF DENTON, TEXAS
CITY OF DENTON, TEXAS~ ./
ACC0013F