Minutes September 21, 1993320
CITY OF DENTON CITY COUNCIL MINUTES
September 21, 1993
The Council convened into the Work Session at 5:15 p.m. 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 -- Under TEX. GOV'T CODE Sec. 551.071
Considered settlement demand in Hunter v. City of
Denton, et al.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Considered purchase of land on Foster and Mayhill
Roads.
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
2. The Council received a report and held a discussion regarding
proposed amendments to the Landscape and Tree Preservation
Ordinance concerning a category of tree which would receive more
protection and gave staff direction.
Frank Robbins, Executive Director for Planning, stated that before
a formal process was started regarding changes to the tree
ordinance, it was felt that it might be appropriate to discuss with
Council certain elements regarding the proposed ordinance. One of
the elements would be who would decide that a tree could be
removed. The current ordinance allowed the staff to make that
determination and it could be changed to have the Planning and
Zoning Commission make that decision. Another element would be a
determination if reasonable efforts had been made to avoid removal
of the tree. The proposed ordinance did not change the current
criteria. A definition of big, old, important trees would be an
element and might include language such as a tree which was 40
inches in diameter or larger, or trees of a given diameter by
species such as a 6 inch red bud. A fourth element would require
mitigation if a tree were allowed to be removed. Replacement would
be required with a formula such as a standard formula for
determining the value of the tree or replacement trees equal to the
value of the tree being removed which would be provided by the
remover on or off-site.
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Council Member Cott asked what was the concern about the value of
the tree.
Robbins replied that the idea was for replacement trees. If a tree
were removed, an "×" number of trees would have to be planted for
replacement on the same site and if there was not enough room on
site, could be placed elsewhere.
Council Member Miller felt that this would be changing the current
ordinance. There might be certain trees which should not be
removed unless necessary. If the tree had to be taken down, the
intent was not to impose extra requirements. The purpose was to
make sure the existing ordinance did not have one step missing for
special consideration of trees. He questioned the magnitude of the
issue which the existing ordinance did not cover.
Robbins replied that there seemed to be a concern on the part of
Council regarding replacement to be included in the proposal.
Mayor Castleberry stated that the cities surveyed did much the same
as Denton's current ordinance with staff deciding on whether to
remove the trees. They did not have a long process through a
Planning and Zoning Commission.
Robbins replied correct except for cities which had historic
enabling capacities.
Mayor Pro Tem Smith asked if there was any idea on how many trees
would fall in this category or where they were.
Robbins replied that an estimate was difficult to make. They had
started some statistical sampling which proved to be difficult due
to the character of the trees and the locations.
Mayor Pro Tem Smith stated that most of these type of trees were on
already developed properties. There would be no problem with
someone wanting to build on that location.
Council Member Brock indicated that the Tree Board had suggested a
contest for people to nominate a historic tree or large tree of a
certain kind. Prizes and special recognitions could be awarded
which would be an informal way to take an inventory.
Council Member Cott felt that through the normal process of
development, the applications being made would discover these
trees.
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Mayor Castleberry felt that there was not a problem with the
current ordinance and that staff was aware of the problem.
Consensus of the Council was to keep the ordinance as it was
currently written.
3. The Council received an update and held a discussion regarding
the Opticom System.
Rick Svehla, Deputy city Manager, stated that Council had requested
an update regarding the system. In March the City had a number of
intersections approved in the Federal Highway bill. Two weeks ago
staff had talked with COG which was responsible for making those
recommendations and they felt the project was still on target.
There was a question regarding how much these systems dealt with
air quality and congestion mitigation. The system was used to help
clear movement on Bell Avenue in times of heavy congestion. There
had been some delays with the funding but should improve as the
year progressed. A second group of requests would be funded in'the
1996-98 time frame. There were three groups not yet funded. Staff
would continue to look at prioritization but under federal funding
locations could not be changed. If a location needed to be
changed, the City would need to find other funds to do that
intersection. The systems worked well and would continue to meet
the City's needs. If there were difficulties with state and
federal funding, there were other options for funding such as bond
funds.
Council Member Perry asked how the system worked with the fire
stations tie in.
Svehla replied that so far the system was working very well
depending on the types of calls and location of the calls.
4. The Council received a report and held a discussion regarding
the towing ordinance.
Rick Svehla, Deputy City Manager, stated that much discussion had
taken place regarding a conceDt and direction for this issue.
There had been much time spent on a discussion of this issue with
merchants; etc. The proposed ordinance was a further attempt to
help enforce the current regulations and to be able to tow vehicles
in violation of the parking conditions. The proposed system was
one whereby vehicles could be towed from the Square or any location
if they were vehicles which continued to be a chronic problem in
regards to parking violations. The Council did not have to proceed
with this ordinance but it was a solution to help remedy the
situation on the Square and in particular on Avenue A.
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Council Member Cott asked what was the problem - the tickets or not
paying the tickets.
Svehla replied that it was a multi-part problem with part of it
being that tickets were not paid, part being that people were not
showing up for Court and part of it was appealing the tickets and
not having the issue resolved.
Council Member Cott asked what was the problem with enforcement of
the tickets.
City Attorney Drayovitch stated that a parking violation was very
difficult to prove because it was not very often that an officer
saw who parked the car. Therefore the registration of the vehicle
had to be relied on which could be outdated. If the tickets were
not paid, the City could only issue a warrant. The proposed
ordinance was a means where the city would legally have more
control in enforcing the parking laws. Instead of a warrant,
notices given and a due process hearing given, the vehicle could be
towed.
Council Member Cott stated that it was difficult to get to
businesses if the parking was difficult and better enforcement was
needed.
City Attorney Drayovitch stated that the present ordinance was a
very difficult ordinance to enforce through the normal Class C
misdemeanor proceedings.
Mike Jez, Chief of Police, stated that the proposed ordinance was
a direct response to a large amount of complaints from the downtown
area. There were a number of individuals who had businesses on the
Square or who were employed on the Square who decided that it was
cheaper to pay the parking tickets than it was to comply with the
law. Voluntary compliance had been unsuccessful with individuals
who did business in the area. State employees had indicated that
they would continue to allow their employees to take a break in
order to move their vehicles after two hours. He felt that the
issue needed to be put to rest and was convinced that if two or
three cars were towed, a point would be made.
Sandra White, Municipal Judge, stated that it had been discussed to
raise the fines on the tickets. The problem was that if the fine
was raised, there still would be no ultimate enforcement mechanism.
Mayor Castleberry asked about a plan to increase the fine plus
pursue vigorous collection.
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White replied that the ticket was issued to an automobile and not
to an individual. Because the ticket was not given to an
individual, there were due process problems to complete the
process.
Bill Thomas, Parking Committee- Downtown Advisory Board, stated
that the problem could be solved in 24 hours if the area merchants
told employees where to park and enforced it. Business in the
downtown area was good but there~needed to be better enforcement of
the parking in the area. There was not a space problem in the
area, there was an enforcement problem. The Board had been working
on voluntary compliance but had not been successful.
Council Member Brock questioned if whether allowing three citations
in a 12 month period before towing was appropriate. The procedure
might lessen the impact of the threat of being towed.
Thomas replied that everything had been tried to solve this problem
in past years.
Council Member Miller stated that there was no question that there
was a management problem on the Square. He felt that the proposed
towing ordinance would create many other problems in the process.
The proposed ordinance would hurt the shopping on the Square and
was worse than the current problem. He suggested being more
aggressive against violators rather than towing vehicles.
White felt that not too many vehicles would have to be towed before
there was better compliance.
Council Member Perry asked what the merchants thought about the
proposal. This was a very old problem with different types of
remedies and something different might have to be done to solve the
problem.
Mayor Castleberry stated that he had received a number of calls
regarding the parking problems and at least six individuals did not
want a towing ordinance.
Jez stated that the parking officers were spending 38% of their
time on the Square and 45% of all parking violations were written
on the Square.
Council Member Brock stated that she was not ready to abandon
towing at this point but would like the Downtown Committee to have
time to think about the process and keep the proposal open as a
.possible solution.
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Council Member Cott suggested speaking with the County government
regarding compliance.
Council Member Chew felt that the cooperation of the employers on
the Square was needed before there was compliance. Most of the
problem was with the business owners around the Square.
Consensus of the Council was to have staff continue to work on a
solution and have a report from the Parking Committee for a further
study session.
5. The Council received an update and held a discussion regarding
the Juvenile Diversion Task Force.
Due to time constraints, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
6. The Council discussed a proposed North Denton Center
Neighborhood Association/North Texas Fair Association Task Force.
Due to time constraints, this item was considered during the
Regular Session under Miscellaneous Matters from the city Manager.
7. The Council received a report and held a discussion regarding
a request from the Lake Cities for fire service and gave staff
direction.
Due to time constraints, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. Pledge of Allegiance
The Council and ~embers of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Special
Call Session of August 31, 1993.
Smith motioned, Perry seconded to approve the minutes as presented.
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Council Member Cott asked for a correction on page 19 in the 6th
paragraph which should have read "such a large reserve" instead of
"such a small reserve".
The correction was accepted by Smith and Perry.
Council Member Chew arrived at the meeting.
on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. Public Hearings
A. The Council held a public hearing and considered adoptiGn
of an ordinance rezoning 3.23 acres of land from single family-7
(SF-7) to the Commercial, conditioned, C(c), zoning district. The
tract was located on the south side of East McKinney Street,
approximately .27 miles east of Woodrow Lane. Z-93-020. (The
Planning and Zoning Commission recommended approval, 6-0.)
Frank Robbins, Executive Director for Planning, stated that this
was a zoning case which was conditioned strictly to a
nonresidential use. This case was one in which a nonresidential
zoning application in a low intensity area was less than the
intensity allocation. Another policy to consider was the half-mile
separation policy which indicated that to avoid strip commercial
development, nonresidential uses should be a half mile apart. The
proposal was approximately 2000 feet away but with the associated
conditions of the case, the Planning and Zoning Commission had
recommended approval. One of the four conditions listed in the
ordinance included a landscape screening buffering on three sides.
The Mayor opened the public hearing.
Roland Vela, petitioner, stated that the proposal was to build a
laboratory on the site and it would be a good building on well-
tended grounds. The other uses of the property would be in keeping
with the uses r~quir~d by m~mb~rs of his family.
Mayor Pro Tem Smith questioned the other uses which would be
allowed on the property for other members of his family.
Vela replied that he had a son who was an optometrist and a
daughter who had a drafting office. H~ wanted th~m to be abl~ to
use the same site if they desired.
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Council Member Perry asked Vela if he was willing to comply with
the conditions set forth by the Planning and Zoning Commission
which would offset any deviation from the policy.
Vela replied yes.
Council Member Cott stated that bufferyards were not yet part of
the law.
Robbins replied that bufferyards were not part of the landscape
ordinance or any specific ordinance. The landscape ordinance
required only a six foot fence.
Council Member Cott indicated that Vela was not required to have a
bufferyard as part of the requirements especially in this location.
He had estimated that the bufferyard would cost approx $5000 an
acre or total of $14,000 to follow the regulations.
Mayor Castleberry asked what type of laboratory would be built.
Vela replied that it would be an analytical laboratory which would
do analysis on water and soil samples for environmental purposes.
The samples would be small in quantity 'and would contain no smells
or hazards.
Council Member Miller stated that the existing ordinance did not
contain an MXD but the Planning and Zoning Commission had
recommended the proposal with a bufferyard. Did Vela have a
problem with the conditions set by the Planning and Zoning
Commission.
Vela indicated that he had no problem with the conditions.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Cott indicated that he was not against bufferyards
but was against applying an ordinance when it was not the law and
when individuals were required to comply. He suggested not
applying the bufferyard concept until the Council had accepted the
provisions. It was not fair to petitioners to require bufferyards,
even though it was desirable, as the law was not in existence.
Council Member Brock indicated that the present zoning ordinance
allowed for conditions to be added to any zoning case. This was a
conditioned zoning case. This was not a new application at all.
Through the years the Planning and zoning Commission had required
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Page 9
petitioners, especially nonresidential uses in residential areas,
to have certain conditions. Among those conditions was that Dr.
Vela could have only a specific list of uses. Another condition
was the buffering. This was not selectively applying a law that
had not yet been adopted but was a continuation of the legal
practice as detailed in the present zoning ordinance.
Council Member Cott stated that this site had many trees and to
require additional buffering was questionable.
Robbins replied that the ordinance would take that into account.
The existing trees would be included as much as possible and not
much additional buffering would have to be planted.
The following ordinance was considered:
NO. 93-168
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO COMMERCIAL WITH
CONDITIONS (C-c) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 3.23 ACRES OF LAND LOCATED ON THE SOUTH SIDE
OF EAST MCKINNEY, APPROXIMATELY .27 MILES EAST OF WOODROW
LANE; 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 with the
conditions indicated by the Planning and Zoning Commission. On
roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
The Mayor presented a proclamation for National Deaf Awareness
Week.
4. 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.
Bids and Purchase Orders:
1. Bid #1547 - Fiber Optic Transceivers
2. Bid #1536 - North Lakes Ballfield Lighting
3. Bid #1537 - North Lakes Fishing Pier
4. Bid #1543 - Reroofing at the Denton Electric
Production Plant
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So
6.
7.
8.
9.
Bid #1545 - Replace Misc. Waterline
Bid #1546 - Casco Industries
P.O. #37071 - American Management System
Interlocal Agreement - City of Greenville
Interlocal Agreement - County of Denton
5. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.A.1. - Bid #1547, 4.A.6. - Bid
#1546)
The following ordinance was considered:
NO. 93-169
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.
Brock 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.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (4.A.2. - Bid #1536, 4.A.3. - Bid
#1537, 4.A.4. - Bid #1543, 4.A.5. - Bid #1545)
The following ordinance was considered:
NO. 93-170
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
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.
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C. The Council considered adoption of an ordinance providing
for the expenditure of funds 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. (4.A.7. - P.O. #37071)
The following ordinance was considered:
NO. 93-171
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.
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.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute an interlocal agreement between
the City of Denton and the City of Greenville for the purchase of
a continuous emission monitoring system. (4.A.$.)
The following ordinance was considered:
NO. 93-172
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF
GREENVILLE FOR THE PURCHASE OF A CONTINUOUS EMISSION
MONITORING SYSTEM.
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.
E. The Council considered adoption of an ordinance
authorizing the Mayor to execute an interlocal agreement between
the City of Denton and the County of Denton for the purchase of
fuel. (4.A.9.)
Council Member Chew questioned the cost for the agreement.
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Rick Svehla, Deputy City Manager, replied that the cost per gallon
would be what the City would buy it for and the mark-up for
operational costs would be $.15 per gallon which was similar to
what was charged other City departments.
The following ordinance was considered:
NO. 93-173
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON FOR THE
PURCHASE OF FUEL.
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.
F. The Council considered adoption of an ordinance
authorizing the City Manager to act on the city's behalf in
executing a consulting services contract with C. David Ham and
expending public funds therefor in an amount not to exceed $12,960.
Bob Nelson, Executive Director for Utilities, stated that Dave Ham
would be retiring in October. Ham had been working on the
construction activities of the wastewater treatment plant. Council
had approved eliminating his position for the 1993-94 budget but
his services were needed until completion of the plant. The
contract would include 40 days of service at a price of $40.50 per
hour. The project should be completed by January 1 which was the
termination point of contract.
The following ordinance was considered:
NO. 93-174
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A
CONSULTING SERVICES CONTRACT WITH C. DAVID HAM AND EXPENDING
PUBLIC FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED TWELVE
THOUSAND NINE HUNDRED SIXTY DOLLARS AND NO CENTS ($12,960.00);
AND DECLARING AN EFFECTIVE DATE.
Cott 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.
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Page 13
G. The Council considered adoption of an ordinance amending
the 1992-93 annual budget of the City of Denton by appropriating
the sum of forty-two thousand three hundred forty-two dollars from
the unappropriated balance of the general fund and disbursing it to
various account numbers; appropriating the sum of one million seven
hundred thirty-seven thousand eight hundred fifty-seven dollars
from the unencumbered balance of the electric fund to account 610-
080-0251-8201; appropriating the. sum of five hundred thousand
dollars from the working capital fund to various accounts; and
providing for publication hereof.
Kathy DuBose, Director of Accounting and Budget Operations, stated
that these were unforeseen expenditures experienced during the past
year. They included the additional collection of hotel/motel
occupancy money above the budgeted amount which needed to be
expended. In the Electric fund, Denton was required to increase the
number of hours of generation at the Spencer Plant as a result of
lower generation at TMPA and TMPP pool cities and warmer weather.
This resulted in larger purchases in natural gas and these
increases were not anticipated during the last year budget. In the
warehouse portion of the Working Capital fund, more purchases were
needed in inventory due to the projects of the EPIC hospital and
the Teasley Lane relocation. Those funds were being appropriated
into the 1993-94 budget.
The following ordinance was considered:
NO. 93-175
AN ORDINANCE AMENDING THE 1992-93 ANNUAL BUDGET OF THE CITY OF
DENTON BY APPROPRIATING THE SUM OF FORTY TWO THOUSAND THREE
HUNDRED FORTY TWO DOLLARS FROM THE UNAPPROPRIATED BALANCE OF
THE GENERAL FUND AND DISBURSING IT TO VARIOUS ACCOUNT NUMBERS;
APPROPRIATING THE SUM OF ONE MILLION SEVEN HUNDRED THIRTY
SEVEN THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS FROM THE
UNENCUMBERED BALANCE OF THE ELECTRIC FUND TO ACCOUNT 610-080-
0251-8201; APPROPRIATING THE SUM OF FIVE HUNDRED THOUSAND
DOLLARS FROM THE WORKING CAPITAL FUND TO VARIOUS ACCOUNTS;
PROVIDING FOR PUBLICATION HEREOF; AND DECLARING AN EFFECTIVE
DATE.
Council Member Miller asked if these funds would have any impact on
balancing the 1993-94 budget.
DuBose replied no.
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Page 14
Perry motioned, Chew seconded to adopt th~ 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
designating depositories for the City funds for a term beginning
October 1, 1993 and ending September 30, 1995.
The following ordinance was considered:
NO. 93-176
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY- OF DENTON
DESIGNATING DEPOSITORIES FOR CITY FUNDS FOR A TERM BEGINNING
OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1995.
Chew motioned, Cott seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye''· Mo~on carried
unanimously.
I. The Council considered adoption of an ordinance approving
an agreement between the City of Denton and Services Program for
Aging Needs (SPAN); authorizing the Mayor to execute the agreement;
and approving the expenditure of funds therefor.
Council Member Chew left the meeting with potential conflict of
interest.
Catherine Tuck, Administrative Assistant, stated that this was a
contract with SPAN to continue to provide public transportation for
demand response and fixed routes. The City received the funds from
the Federal Transit Administration as well as funds from the Texas
Department of Transportation. To that was added a local portion
which, when all combined, funded the public transportation. The
budget included in the backup materials was for a 13 month
operation budget and the figures for 1993 would be higher than
those for the 1994 fiscal year. As the contract was written, SPAN
was the operator for public transportation and was responsible to
the City for all federal and state regulations required of public
transportation as well as reporting requirements asked for by the
City. Ridership indicated an increase in the last four years and
the trollies had made a positive impact on the system. The use of
demand resDonse for the elderly and Handihop was going down due to
the impact of the trollies. Demand response was expensive and as
the trolley routes increased, this trend should continue. The
system had moved from two routes to four routes and this year an
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City of Denton City Council Minutes
September 21, 1993
Page 15
additional route was included. In 1994 no additional routes would
be added but the present routes would be reviewed every 6 months to
evaluate ridership.
Council Member Perry asked if the elderly and handicapped were as
well served by the trolley as they would be by demand service.
Tuck replied that SPAN initially had the foresight to add
handicapped ridership with curb to curb service in the beginning of
the service. When the trollies began, they were designed for the
general public as well as the elderly and handicapped. An ADA
requirement was to have curb to curb service for persons with
disabilities. The current SPAN policy was very liberal while the
ADA had very specific requirements for such service.
Council Member Cott thanked Tuck for the budget information as well
as her written and oral presentation for the Council.
The following ordinance was considered:
NO. 93-177
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
kND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Chew returned to the meeting.
6. Resolutions
A. The Council considered approval of a resolution approving
budget adjustments for fiscal year 1992-93.
Kathy DuBose, Director of Acoounting and Budget ODeration~, ~tated
that this resolution was for budget adjustments and would clean up
accounts which had unanticipated overages. Most of the needs were
due to termination costs for retirement, the fixed asset inventory
cost as well as the Airport Master Plan. Savings from other
departments would be used to cover the overages.
The following resolution was considered:
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Page 16
NO. R93-056
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR
1992-93; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.."
7. The Council considered appointment of a voting delegate and
alternate voting delegate to the National League of Cities
Conference.
Mayor Castleberry asked if anyone would be present at the time of
the meeting.
Council Member Perry indicated that he would be staying over and
would be present.
Chew motioned to appoint Council Member Perry as the City's voting
delegate.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye",
Chew "aye,', Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
8. The Council considered appointments to the Traffic Safety
Commission, the Community Development Advisory Committee, the
Electrical Code Board, the Juvenile Diversion Task Force and the
Board of Adjustment.
Council Member Chew indicated that he had nominated Kathy Devine to
the Traffic Safety Commission at the last meeting.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Council Member Miller indicated that he had nominated Dorothy
Martinez to the Community Development Advisory Committee at the
last meeting.
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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City of Denton City Council Minutes
September 21, 1993
Page 17
Council Member Chew indicated that he was not ready for a
nomination to the Electrical Code Board alternate position.
Council Member Perry indicated that he was not ready for a
nomination to the Board of Adjustment alternate position.
Mayor Castleberry indicated that the Juvenile Diversion Task Force
members would be deferred until late~ in the meeting.
9. Staff Direction
A. The Council considered a proposed ordinance to remove
truck traffic from a portion of U. S. Highway 380.
Rick Svehla, Deputy City Manager, stated that at the last Council
meeting two questions were raised regarding this issue. One was
regarding sound wall. The Highway Resident Office indicated that
the wall would be let for bid in November with an anticipated 5
month construction period with completion in May of next year.
Another question was regarding a traffic signal at Kings Row and
Loop 288. The last time a traffic count was done, it did not meet
state warrants for signals. He had spoken with the Resident Office
about special warrants and was researching issues such as school
buses, etc. Staff would be counting the intersection again to
determine if the count might have changed. Council might want to
wait with a decision on the ordinance until these items were
completed.
Council Member Miller stated that delaying~the ordinance to a date
certain would be difficult for the traffic signal. He had a real
concern for that intersection and would feel better if the traffic
signal were pursued before setting a date certain.
Council Member Cott stated that over-the-road trucks paid a lot of
road tax and suggested checking with the Chamber of Commerce before
continuing.
Mayor Castleberry asked if there had been any discussion with the
merchants on U.S. 380 through town.
Svehla replied he did not think so.
Mayor Castleberry felt it would be appropriate to do so so as to
let the businesses/residents know this would be a possibility.
Council Member Brock stated that the proposal would be for through
truck traffic which would not be going to businesses.
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City of Denton City Council Minutes
September 21, 1993
Page 18
Svehla replied correct.
Mayor Pro Tem Smith stated that she was concerned about the safety
of people on U.S. 380 with trucks going through intersections.
While the Kings Row intersection was dangerous, there was a
tremendous problem at Nottingham and U.S. 380 and there was a grave
danger of a major accident on U.S. 380 because of the trucks.
While she was concerned for the people on Neptune, she felt that
perhaps the truck situation could be acted on as the wall was
started.
Council Member Perry suggested that approval of a contract by the
State would be a good trigger to proceed with the ordinance.
Mayor Pro Tem Smith felt that the city was running a risk with
trucks on U.S. 380 at this point in time and encouraged continued
attempts to have a traffic signal at Kings Row. She expressed
concern as to why the City would need to talk with the Chamber of
Commerce as through traffic trucks would not make a difference with
businesses on U.S. 380.
Council Member Cott indicated that the transportation department of
the Chamber had studied many of these areas and was one of the
agencies which helped get the intrastate trucking changed. If all
were partners in the community, then the Chamber should be
informed.
Mayor Pro Tem Smith indicated agreement in obtaining information
from the Chamber but not permission.
Miller motioned, Chew seconded to proceed with the drafting Of the
ordinance for consideration at a later meeting. On roll vote, Brock
"aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Miller left the meeting.
10. Miscellaneous matters from the City Manager.
Council returned to the Work Session items not considered earlier
in the meeting.
5. The Council received an update and held a discussion regarding
the Juvenile Diversion Task Force.
Harlan Jefferson, Director of Treasury Operations, stated that four
actions were needed before the Task Force could be assembled. The
first was to update the resolution which established the Task Force
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City of Denton City Council Minutes
September 21, 1993
Page 19
by removing the Concerned Parents Organization which appeared to
have disbanded and the second item was to add the student
representatives from the various high schools and middle schools.
The DISD had suggested that a representative be established from
the Fred Moore Learning Center which was an alternative school for
students with problems. The third action required was the
selection of a chair by the Council and the fourth item was the
selection of individuals for the currently vacant positions.
Council Member Miller returned to the meeting.
Council Member Chew indicated that he would like to have a
representative from the Fred Moore Learning Center included on the
Task Force.
Consensus of the Council was to add a representative from the Fred
Moore Learning Center to the Task Force.
Council Member Miller indicated that Elizabeth Garrett and Carey
Jones had indicated an interest to be on the Task Force.
Mayor Pro Tem Smith asked if those individuals would fit into any
of the current vacancies or be at-large representatives.
Council Member Miller nominated Elizabeth Garrett to represent a
community based organization as she dealt with the Children's
Place.
Consensus of the Council was to add Elizabeth Garrett to the
community based organization position.
Mayor Castleberry suggested placing carey Jones in an at-large
position.
Consensus of the Council was to include Carey Jones as an at-large
representative.
Jefferson asked what the Council wished to do regarding the other
changes to the resolution which would be to remove the Concerned
Parents Organization and add four more student representatives.
Council Member Brock suggested Jefferson check with Calvin Evans
before eliminating the Concerned Parents Organization.
Consensus of the Council was to proceed with the amendments. If
Jefferson were able to locate representatives from the Concerned
Parents Organization, then it would remain in the resolution. If
he could not, the organization would be removed. The selection of
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City of Denton City Council Minutes
September 21, 1993
Page 20
a chair would be deferred until all representatives had been
selected. Nominations for the remaining vacant positions would be
done during the second meeting in October with finalization at the
third meeting in October.
6. The Council discussed a proposed North Denton Center
Neighborhood Association/North Texas Fair Association Task Force.
Rick Svehla, Deputy City Manager, stated that during the Council's
discussions regarding the Fair, there was a proposal to have this
item on a work session for'discussion.
Council Member Perry read a proposal to Council which was included
as part of the agenda back-up materials.
Council Member Cott asked what would be the purpose of the Task
Force.
Council Member Perry replied that it would continue the efforts
already started and had been in progress for several years.
Council Member Cott asked what were the efforts.
Council Member Perry replied to operate the Fair and related kinds
of activities in such a way so as to take into the account the
needs of the neighborhood as well as the Fair Association.
Mayor Castleberry stated that he would like to ask the Fair
Association to provide Council with a list of activities which were
on a regular basis that might require a noise variance so that
Council could consider them all at one time. Any irregular groups
would be handled separately.
Council Member Cott stated that that would be a legitimate
approach. There had been good independent reaction recently. He
would not be in favor of an organization which would have veto
power over the Board.
Council Member Perry stated that there would be no veto power and
that he was looking to continue ......
Council Member Cott stated that if there were a committee ....
Council Member Perry indicated that he had the floor and continued
that he was looking to continue the good work which had been done.
Council Member Cott felt that if the Association and neighborhood
were left alone, the good results which happened during the Fair
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City of Denton City Council Minutes
September 21, 1993
Page 21
would continue. He did not see any particular problem in the area.
Council Member Chew indicated that there was a problem in the
area...
Council Member Cott asked what was the problem.
Council Member Chew replied there was a litter problem, a traffic
problem and a noise problem. He felt the best way to work out
those problems would be with a task force ....
Council Member Cott stated that they already had.
Council Member Chew stated that not all of the problems had been
worked out .....
Council Member Cott stated that for the 10 days during the Fair,
there were 960 police calls with a total of 10 at the Fair. There
were 95 arrests in the City and of the 50,000 people who attended
the Fair, there were only 4 arrests. This had become a hostile
situation and was not a cooperative situation. This had been well
along the way to being corrected. He felt that the Mayor's
suggestion was right as to the list of activities needing a noise
exemption.
Council Member Chew asked for the floor back as Council Member Cott
had interrupted him. He asked that a task force be given a chance.
He had been at the Fair when the nursing home driveways were
blocked as he could not get into one of the homes. Something
better was needed to be worked out than what was in the past. This
would be a good time to begin such discussions and work out a
solution to the overall problems of the area.
Council Member Miller stated that the City Manager had communicated
that there was an individual he had worked with in Missouri who was
now a professional mediator. This individual had offered his
services to the City of Denton without a fee for any issue which
the City would like to address. He suggested working with the City
Manaqer to see what kind of desiqn this individual would come up
with to bring the two parties together. This was not a
neighborhood issue or Fair issue but a community issue. A study
session could be held with this individual to see what he might
recommend.
Council Member Chew agreed with Council Member Miller that this
might be an ideal solution with a task force.
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City of Denton City Council Minutes
September 21, 1993
Page 22
Council Member Miller stated that he was not suggesting a task
force at this point. He was suggesting a study session and from
that perhaps go with a task force.
Mayor Pro Tem smith felt that this would be a good idea. An outside
view point might be needed at this time. She was hesitant ~to see
a task force with a Council Member as chair as it might set a
precedent. The chair should be a separate individual or elected
from the group with perhaps co-chairs.
Council Member Perry stated that there were Council Members who
were chairs of all. kinds of committees. He did not feel that a
mediator was necessary. He felt that the people of Denton would
work out their own problems especially since this area had been in
that process for some time.
Council Member Miller stated that a mediator would not solve the
problems. The people would do that with the help of an outsider
who would help the people understand the issues and work together
for solutions.
Council Member Cott agreed.
Mayor Castleberry indicated that the consensus of the Council was
to have the city Manager have the individual present for a work
session and discuss the issue further at that time.
7. The Council received a report and held a discussion regarding
a request from the Lake cities for fire service and gave staff
direction.
Rick Svehla,' Deputy City Manager, stated that the City had been
approached by several members of Lake Cities requesting Denton
provide fire service other than the EMS service it currently was
providing. Staff indicated that the City would be open to a
meeting regarding the issue but also indicated that any proposal
would need Council approval. There were several cities interested
in discussing the acquisition of services from Denton. Staff
indicated that services would be on a paid basis and not gratis or
at a detriment to the City of Denton. This was a complex issue and
would not be resolved in the near future. Time was needed to
discuss what services would be provided and the costs associated
with those services. He felt it would take a minimum of 90 days to
resolve some of those issues. He suggested continuing discussions
with the direction for cooperation but not to present any detriment
to the City of Denton.
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City of Denton City Council Minutes
September 21, 1993
Page 23
Council Member Brock stated that the number one consideration would
be that the City had adequate coverage.
Svehla replied that
needed and that the
those items.
additional manpower and equipment would be
City of Denton was not volunteering to fund
Mayor Castleberry indicated that he would like to look at the
issues with the possibility of working out an agreement.
Consensus of the Council was to continue with discussions with Lake
cities.
B. Svehla indicated that the DISD had suggested a joint
luncheon on either October 6 or October 20.
After discussion, the Council suggested October 20th for the joint
luncheon.
11. There was no official action taken on Executive Session Items
discussed during the Work Session Executive Session.
12.New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller stated that he agreed with the City
Manager's comments relative to the TI plant.
13. There was no Executive Session held during the Regular Session.
With no further business, the meeting was adjourned at 8:50 p.m.
BO~R~
CITY OF DENTON,~S~
ACC00154