Minutes March 1, 199454
CITY OF DENTON CITY COUNCIL MINUTES
~ · March 1, 1994
The Council convened into the Work Session on Tues~day, March 1,
1994 at 5:15 p.m. in the civil Defense Room. ~
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered action in Iwuchukwu v. City.
2. Considered action in the matter of the application
of Bolivar Water Supply Corporation for an
amendment to CCN No. 11257; Docket Nos. 9824-C and
9447-C of the Public Utilities Commission.
Bo
Ce
Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
1. Discussion regarding property acquisition on Foster
Road and Mayhill Road.
Personnel/Board Appointments
Sec. 551.074
Council Member
discussion.
-- Under TEX. GOV'T CODE
Chew arrived during the Executive Session
2. The Council received a report and held a discussion regarding
the results of the City Council 1994-95 Budget Priorities
Questionnaire and gave staff direction.
Lloyd Harrell, city Manager, stated that the budget questionnaire
was given to staff as the budget process was started and was used
when ranking budget packages.
Kathy Dubose, Acting Executive Director for Finance, reviewed the
results of the questionnaire which were included in the agenda
backup. Two different scores were obtained, one dealing with the
service level and the other dealing with council priority.
Council Member Cott stated that the police patrol area did not
stand out. It appeared that the City had moved away from a hard
policing patrol concept. He asked if the o~her council members
felt that same way regarding the police patrol issue.
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City of Denton Cit~ouncil Minutes
Ma~ch 1, 1994 ~ ·
Page 2
Council Member Brock replied that of the top three service areas
listed, two dealt with policing. She felt that these were
important items for the City to be doing.
City Manager Harrell stated that in the past the questionnaire was
two dimensional with either a ranking to increase or decrease
service in an area. It was felt that that was not adequate
information for the staff and the questionnaire should tell staff
what were the top priorities for Council as well as which direction
to proceed with in that category. The questionnaire had since been
changed to reflect those two areas.
Council Member Miller stated that if any area were given a high
priority, such as police patrols, that was an indication that the
City was doing an adequate job in that area but in the future the
City might have to increase the amount of money for that area.
City Manager Harrell stated that another item of importance related
to the four Council comments regarding the restraining of property
tax as much as possible. With those kinds of comments, staff would
be conscious on how the budget were put together.
3. The Council received a report and held a discussion regarding
federal funding for transit operations and gave staff direction.
Council Member Chew left the meeting with a potential conflict of
interest.
Catherine Tuck, Administrative Assistant, stated that President
Clinton had proposed massive cuts in federal assistance for transit
operations. The proposal was to phase out all operational funding
over a three year period with a 25% reduction the first and second
year and a 50% reduction in the third year. Local transit
operations relied heavily on federal and state subsidies in the
operations areas. With a President and Congressional majority from
the same party, this type of proposal might pass more easily. If
this funding were not available from the federal government, there
would most likely be fare increases, service reduction, and more
City funds allocated for transit. The City would be asking for
Community Development Block Grant funds for the fiscal year 1995.
This was the only federal funding that could be used as local match
for transit dollars. Seventy percent of the trolley stops were in
CDBG target areas and those not in the CDBG area were businesses or
places of employment. Denton's funding for fiscal year 1995 would
not be adversely affected by any federal budget decision. The
City's funds to operate for fiscal year 1995 were funded by the FTA
out of fiscal year 1994 and thus Denton's operations would not be
in jeopardy until fiscal year 1996.
City of Denton City COuncil Minutes
March 1, 1994 .
Page 3
Council Member Cott felt that many approaches could be used
regarding this issue and felt that perhaps private investment or an
economic development group needed to be brought into the picture.
City Manager Harrell stated that this was an important issue to
look at in the next budget year as it would be a major policy issue
for the Council.
Council Member Miller felt that it would be a good idea to express
Council's concerns to Denton's Congressional representatives during
the upcoming National League of Cities Conference in Washington,
D.C. This item also dealt with air quality issues and should be
a priority item to discuss with the city's Congressional
delegation.
Tuck continued that the City had- submitted programs for
consideration in the Transportation Improvement Plan to be
evaluated by the Regional Transportation Commission of the North
Central Texas Council of Governments. The amount of Section 9
federal funding available to be programmed was $417,037. She
reviewed the funding request which included $40,187 for planning,
$215,250 for operation, and $161,600 for capital funds. If Council
did not have any additional comments or concerns regarding the
proposal, it would be listed on the March 22nd agenda for Council
consideration.
Council Member Chew returned to the meeting.
4. The Council received a report and held a discussion regarding
the City's Comprehensive Driving and Vehicle Use Policy.
Max Blackburn, Risk Manager, stated that the primary purpose of the
policy was to standardize vehicle accident review boards throughout
the City. A secondary consideration was to update three existing
policies which were for the most part, obsolete or inadequate. It
would institute five new policies for driving record checks,
employee self-disclosure, defensive driving course attendance, use
of city vehicles by volunteers, and use of personal vehicles for
city business.
The Council convened into the Regular Session on Tuesday, March 1,
1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
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City of Denton City Council Minutes
March 1, 19~94
Page 4
1. Pledge of Allegiance
The Council and me~bers of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of February 15,
1994.
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. Public Requests
A. The Council considered a requeSt from the Denton FeStival
Foundation for a noise exemption at the Civic Center Park on
Sunday, April 24 from noon to 10:00 p.m.
Catherine Tuck, Administrative Assistant, stated that this was the
third year for this request from the Festival Foundation. The
Foundation did not anticipate the bands to be playing any later
than 8:30 p.m. or 9:00 p.m. but wanted enough time to complete all
presentations. The City had not received any complaints in the
past regarding this event and any associated noise.
Smith motioned, Brock seconded to approve the request. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "nay", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
B. The Council considered approval of a resolution
temporarily closing Congress Street between Alice Street and Denton
Street on Friday, April 29, 1994 for Cougar Day at Calhoun Middle
School.
Catherine Tuck, Administrative Assistant, stated that this was an
annual event for Calhoun Middle School and the only property owner
affected was the DISD.
The following resolution was considered:
NO. R94-006
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE
STREET AND DENTON STREET ON FRIDAY, APRIL 29, 1994; AND
PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
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Page 5
Brock motioned, Cott seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution
temporarily closing Fry Street between Oak Street to Hickory Street
on Saturday, April 16, 1994 for the Fry Street Fair.
Catherine Tuck, Administrative Assistant, stated this request was
from the Delta Lodge for the Fry Street Fair. The Council backup
materials reflected the history of the event. In prior years, the
event was not held on Fry Street as a landowner was not in favor of
the street closure. This year the Lodge had received approval of
all landowners and tenants for the closure. This event would be on
a Saturday. University of North Texas police as well as Denton
police would be working with the Lodge to ensure adequate parking
and security in the area. Both FEMA and Grace Temple Baptist
Church were included in the provisions of the resolution for
parking security and cleanup. The City Manager's Office had
received only one call from a citizen regarding this event who felt
that the hours were too long and preferred a shorter time frame for
the event.
Robert Bone stated that closing Fry Street was essential for the
growth and prosperity of the Fry Street Fair. Bringing the Fair
back to Fry Street would benefit the local businesses and local
charities. All proceeds from booth sales benefited local
charities. The Lodge had made extensive preparations for a
successful and trouble free Fair.
Paul Card indicated that he was available to answer any questions.
Council Member Brock indicated that the preliminary plans showed
that one band would be playing in the back yard of the Delta Lodge.
As that yard was not very large, she asked where the audience would
be located.
Card replied that the band Dlaying in that area was not a very well
known band and thus there would not be a large audience there.
Council Member Miller stated that part of the plan from the Lodge
dealt with crowd control. Was there a contingency plan if the band
in the Lodge back yard drew a large crowd.
Card replied that he would be contacting Lt. Abbott from the Police
Department to help him work on a plan to control crowds in that
area.
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City of Denton City Council Minutes
Mar~h 1, 1994 - -
Page 6
Council Member Brock suggested that the Delta Lodge work on an
adopt a spot in that area.
Card replied that one resident of area was already working on
adopting a spot for that area.
Council Member Perry asked about the anticipated size of the crowd.
Card replied that the size could vary depending on weather, etc.
The capacity last year was under 2500 and there was no problem with
that capacity. The area for this year was much larger.
Mayor Castleberry stated that the Delta Lodge had prepared for
adequate police protection, portable restrooms, and other
preparations.
Card replied that two Lodge representatives and one police officer
would be present to keep the parking lots clear for FEMA and the
Church.
The following resolution was considered:
NO. R94-007
A RESOLUTION TEMPORARILY CLOSING FRY STREET BETWEEN OAK STREET
AND HICKORY STREET ON. SATURDAY, APRIL 16, 1994; AND PROVIDING
AN EFFECTIVE DATE.
Chew motioned, Miller seconded to approve the resolution.
Mayor Pro Tem Smith stated that she had had negative feeling
regarding the Fair for several years but was impressed bythe good
work which was done last year and would be in favor of this event
this year.
Council Member Miller stated that the way the Lodge had cooperated
and coordinated with the City and police was great. Council had
never been opposed to the Fry Street Fair but was opposed to
unrestraint for an event.
Council Member Cott thanked the students for organizing such a
musical event.
Council Member Perry stated that even the concern of the one person
in opposition to the event had been considered.
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City of Denton City Council Minutes
Marbh 1, 1994 '
Page 7
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance amending the detailed plan of Planned Development
No. 65, changing the use of Lots 7 and 8A from green space to
single-family detached. The 16.6 acre site was located south and
east of Sam Houston Elementary School, and fronted on Teasley Lane
(FM 2181). (The Planning and zoning Commission recommended
approval at its February 9, 1994 meeting, 3-1.)
Council Member Cott left the meeting with a potential conflict of
interest.
Frank Robbins, Executive Director for Planning and Development,
stated that the two lots on the existing detailed plan were open
space and were designed for a private pool or playground. This
proposal changed the use to single family detached home sites.
The Mayor opened the public hearing.
Edmond Bright stated that in September of 1992, the subdivision had
been replated from 192 duplexes into 51 single family, lots. Two
lots were set aside for parking and for a swimming pool and
clubhouse. The owners and people living in the development had
been polled to determine if they would be in favor of supporting
the cost of the pool and clubhouse. No one wanted to support the
.~.clubhouse or pool and he asked the Council to change the lots into
single family home sites.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Brock indicated that the Planning and Zoning minutes
~efle~ted that one member had voted against the proposal and ~he
asked for the reason for that negative vote.
Robbins replied that Commissioner Cochran had voted against the
proposal for drainage reasons. He expressed concern that if there
were drainage problems in area more impervious surface should not
be added to the area. He wa~ particularly ~on~e~ned about one
alley behind a lot which was used as a drainage structure. It was
felt that the drainage structure would adequately handle the runoff
in the area as it was designed in that manner.
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City of Denton City Council Minutes
March 1, 1994 ~ .
Page 8
Council Member Brock stated that one individual' in the area had
expressed concern about the drainage problems in the area.
Robbins replied that that individual's point was that there was too
' much water coming on his property from the south. Much of that
water did not come from that subdivision.
The following ordinance was considered:
NO. 94-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
DETAILED PLAN FOR PLANNED DEVELOPMENT (PD) NO. 65 BY CHANGING
THE USE OF LOTS 7 AND 8A IN THE BENT OAKS SUBDIVISION FROM
"GREEN SPACE" TO "SINGLE FAMILY DETACHED", SUCH SUBDIVISION
BEING LOCATED SOUTH ANDEAST OF SAM HOUSTON.ELEMENTARY SCHOOL,
AND FRONTING ON FM2181; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Chew seconded to adopt the ordinance.
Council Member Brock stated that people sometimes criticized the
City, saying that it said "no" to too many proposed developments.
When problems resulted from development it was always considered
the City's fault. Sometimes development created problems and the
taxpayers had to correct that problem.
On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Cott'returned to the meeting.
5. Consent Agenda
Mayor Castleberry indicated Bi~ ~1590 would
consideration.
be pulled from
Brock motioned, Perry seconded to approve the Consent Agenda with
the exception of Bid #1590. On roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1580 - 12 Cubic Yard Dump Trucks
z. Bid ~1584 - Refuse Containers
3. Bid ~158§ - Fleet Vehicles
4. Bid #1589 - Precast Manholes
City of Denton city Council Minutes
March 1, 1994 .
Page 9
Be
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P.O. ~41491R - Darr Equipment
RFSP #1565 - Telephone Switches
RFSP #1596 - Computer Room Relocation
Plats and Replats
Preliminary replat of Denton High School West, Lot
1, Block A. The 16.418 acre tract was located on
Bryan Street, Crescent Street and Fulton Street.
(The Planning and Zoning Commission recommended
approval at its meeting of February 9, 1994, 4-0.)
Tax Refunds
The Southland Corporation - $759.26.
Clothestime ~490 - $572.17
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid #1580, 5.A.2. - Bid
#1584, 5.A.3. - Bid #1585, 5.A.4. - Bid #1589)
The following ordinance was considered:
NO. 94-030
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.
Perry motioned, Miller seconded to adopt the ordinance deleting
item 5.A.5. Bid #1590 from 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 ordinanc~ accepting
a competitive sealed proposal and awarding a contract for the
purchase of materials, equipment, supplies or services. (5.A.7. -
RFSP #1565, 5.A.8. - RFSP #1596)
The following ordinance was considered:
City of Denton City Council Minutes
Ma~ch 1, 1994 .
Page 10
NO. 94-031
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.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (5.A.6 - P.O. #41491R)
The following ordinance was considered:
NO. 94-032
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the City Attorney to approve the proposed judgement in
City of Denton v. John W. Porter and wife, Margaret G. Porter
relating to the extension of the runway at the Denton Municipal
Airport.
City Attorney Debra Drayovitch recommended adoption of the
ordinance in accordance with prior memoranda and discussion with
Council.
The following ordinance was considered:
City of Denton City Council Minutes
Ma~ch 1, 1994 ·
Page 11
NO. 94-033
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF
DENTON VS. JOHN W. PORTER AND WIFE, MARGARET G. PORTER
RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON
MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance
designating and establishing speed zones on Windsor Drive from
Hinkle Street to Bonnie Brae Street; providing for a penalty of a
fine not exceeding two hundred dollars; providing a severability
clause; and repealing any other ordinance in conflict herewith.
(The Parks and Recreation Board and the Traffic Safety Commission
recommended approval.)
Rick Svehla, DePuty City Manager, stated that the Traffic Safety
Commission and the Parks and Recreation Board had recommended
approval of the ordinance. This was the section of Windsor in
North Lakes. Park which was currently signed 20 mph due to
pedestrian activities and organized activities on the field near
Windsor. With the improvements along Windsor for a new pedestrian
walk and with the pending completion of the new fields in the
northern area of the park, the slower speed limit was no longer
necessary. The North Lakes Homeowners Association had requested
the change.
Council Member Brock asked how a child playing in the park on the
south side of windsor would get across the street to the north side
of the park.
Svehla replied that three cross walks would be installed with
cautionary signs indicating that this was a Dark area with
pedestrians present. The road was designed for sight distances and
any pedestrian should be viewed adequately.
The following ordinance was considered:
City of Denton City Council Minutes
March 1, 1R94 . . .
Page 12
NO. 94-034
AN ORDINANCE DESIGNATING AND ESTABLISHING SPEED ZONES ON
WINDSOR DRIVE FROM HINKLE STREET TO BONNIE BRAE STREET;
PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING
ANY OTHER ORDINANCE IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Baker-Shiflett/EMCON, Inc. relating to professional
engineering services for soil testing and boring services for the
Denton landfill.
Howard Martin, Director of Environmental Operations, stated that
the City was currently proceeding with the permitting and design of
a new landfill site. As part of the process, the City had to
complete a geotechnical investigation of the site. The Utility
staff had recommended approval of a contract between Baker-
Shiflett/EMCON, Inc. to provide those geotechnical services.
The following ordinance was considered:
NO. 94-035
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND BAKER-SHIFLETT/EMCON, INC.
RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR SOIL TESTING
AND BORING SERVICES FOR THE DENTON LANDFILL; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance approving
Amendment No. 1 to an agreement for professional engineering
services between the City of Denton and HDR Engineering, Inc. for
the sanitary landfill development.
City of Denton City Council Minutes
Ma~h 1, 1994
Page 13
Howard Martin, Director of Environmental Operations, stated that
HDR was under contract with the City to provide the engineering
services for the design and permitting of the landfill site. As
part of the regulatory requirements, three borings into the soil
were required. Those borings had a risk of contamination and HDR
had no part in the regulatory requirement or actual boring and were
requesting an amendment to the contract to reflect no liability on
their part as associated with the boring.
The following ordinance was considered:
NO. 94-036
AN ORDINANCE APPROVING AMENDMENT NO. 1 TO AN AGREEMENT FOR
PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF DENTON
AND HDR ENGINEERING, INC. FOR THE SANITARY LANDFILL
DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered adoption of an ordinance ordering
an election to be held in the City of Denton, Texas on May 7, 1994,
and if a runoff election is required, on June 4, 1994, for the
purpose of electing Council Members to the City Council of the City
of Denton, Texas, to Places 5 and 6 and electing a Mayor to Place
7 of the City Council of the City of Denton; designating voting
places; appointing election officials; providing for early voting;
providing for bilingual notice of the election; and ordering that
the punch card electronic voting system be used.
Lloyd Harrell, City Manager, stated that this was the standard
election ordinance which the Council had considered for past
elections.
The following ordinance was considered:
NO. 94-037
AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF
DENTON, TEXAS, ON MAY 7, 1994, AND IF A RUNOFF ELECTION IS
REQUIRED, ON JUNE 4, 1994, FOR THE PURPOSE OF ELECTING COUNCIL
MEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING
EARLY VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING
FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE
City of Denton City Council Minutes
Ma~ch 1, 1994 - ~ ·
Page 14
ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING
SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution
postponing the regular CounCil meeting of March 15, 1994 to March
22, 1994; and providing for an effective date.
City Manager Harrell stated' that several members of the Council
would be out of the city on March 15th thus necessitating the
change of the Council's formal meeting from March 15th to March
22nd.
The following resolution was considered:
NO. R94-008
A RESOLUTION POSTPONING THE REGULAR COUNCIL MEETING OF MARCH
15, 1994 TO MARCH 22, 1994; AND PROVIDING FOR'AN EFFECTIVE
DATE.
Perry 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.
B. The Council considered approval of
appointing a member to the Board of Directors
Retirement and Nursing Center Finance Authority.
a resolution
of the Denton
City Manager Harrell stated that the next two items on the agenda
would be appointing Kathy DuBose, Acting Executive Director for
Finance, to membership on the designated boards replacing John
McGrane.
The following resolution was considered:
NO. R94-009
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF
THE DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY;
AND DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
Mar~h 1, 1994
Page 15
Cott motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", ' Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution
appointing a member to the Board of Directors of the Industrial
Development Authority Board.
The following resolution was considered:
NO. R94-010
A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered approval of a resolution regarding
support of the Denton Public Library's position on County funding.
Eva Poole, Director for Library Services, stated that the City was
again in a dilemma of how much money, if any, the City would
receive from the County. She was also faced with the problem of
providing library service to anyone who entered the library but
realizing that the City could not continue financially to do so.
For a total of 25 of the past 26 years, the Denton Public Library
had served the County on a contractual basis. While the level of
funding had never allowed the City to recover the cost of providing
library services to out-of-city library users, the City had
continued to do so with very limited resources. For the past two
years, the City had pleaded for more money but to no avail from the
County Commissioners, the Citizens Budget Advisory Committee and
the Denton County Library Advisory Board. The County Commissioners
had continually ~ide stepped the issue of equitable funding for all
Denton COuntY libraries. Last year when the Commissioners were
again pressed to allocate County funds equally among all Denton
County libraries, they formed the Citizens Budget Advisory
Committee to direct the issue Of County funding. They discussed
mandated and non-mandated services as well. The Citizens Budget
Advisory ¢ommi~e~ ~h~n ~harg~d ~h~ D~n~on ¢oun~yLibrary Advisory
Board to determine an equitable funding formula for all Denton
County libraries. All three entities continually failed to
recommend a funding formula which paid for actual library service
City of Denton City Council Minutes
Marzh 1, 1994 ~ ·
Page 16
given to out-of-city users. They failed to compensate the Denton
Public Library for the comprehensive services provided including
the now 14,251 registered borrowers who lived outside the City of
Denton who were able to check out 23%, this year, of all the
'materials from the library. They failed to recognize the number of
operating hours, the professional librarians on staff or the total
number of materials which the library owned. They continually
recommended funding formulas that provided 9.9% of Dentonfs
Operating budget while serving 23% of out-of-city users. It cost
the library $1.85 per transaction to serve out-of-city users when
receiving only $1.17 from the County. The net result of this
inequity was that City of Denton taxpayers were subsidizing County
residents. The fact that surrounding cities received up to 89% of
their operating budget further illustrated the unfair burden on
Denton taxpayers who would also be asked to absorb additional
operating and maintenance costsfor the new branch library. The
Denton Public Library could not continue to serve out-of-city
library users and deliver quality service without additional
funding from the County. She was very frustrated with the process
regarding adequate funding and needed Council support with the
issue.
Council Member Miller stated that it was not a question of not
serving County residents as the City had to serve those individuals
if it received any funding from the County. In the past, the City
had continued to serve those out-of-city residents but also kept
trying to get more funding from the County.
Council Member Perry stated with the new automation systemthe City
was planning to install in the library, the City would be able to
offer a quality of service far above other area cities. The City
was eager to provide the same quality of service to all but it was
fair and reasonable to ask the County'to support that cost.
City Manager Harrell stated that this year when the task was given
back to the Denton County Library Association to develop a new
formula for consideration by the Budget Advisory Committee and the
County Commissioners, the suggestion was one which would worsen the
City's position. The Denton County Library Association was made up
of the library directors from all of the libraries in Denton County
with each library having the same vote. By definition it was
dominated by the smaller libraries in the County. Every library
was currently provided with a $7500 grant plus a per capita
allocation. The recommendation was that the grant be dropped for
the three large libraries of Carrollton, Lewisville, and Denton but
be retained by the small libraries and then apply the per capita
allocation. The City was frustrated in trying to communicate to
the Citizens Advisory Board that there was a major difference
70
City of Denton City Council Minutes
Mar=h 1, 1994 '
Page 17
between a library in Denton, Lewisville or Carrollton and the type
of services provided than a library in Krum or Pilot Point as they
did not provide the comprehensive array of functions as the larger
libraries did.
Mayor Castleberry stated that it was important to emphasize that
the citizens of Denton could not always subsidize out-of-city
residents.
The following resolution was considered:
NO. R94'011
A RESOLUTION REGARDING THE SUPPORT OF THE DENTON PUBLIC
LIBRARY'S POSITION ON COUNTY FUNDING; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Perry seconded to approve the resolution.
Council Member Miller suggested that the Denton citizens put
pressure on the Commissioners Court regardin~ this issue.
On roll vote, Brock "aye" Cott "a,,~'' Miller "aye" Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
8. The Council considered nominations and or appointments to the
Plumbing and Mechanical Code Board, the Keep Denton Beautiful Board
and the Downtown Advisory Board.
Mayor Castleberry indicated that Council Member Perry had nominated
Geneva Berg to the Downtown Advisory Board at the previous meeting.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Mayor Castleberry stated that the other board vacancies were not
ready for nomination.
9. Vision Update
Council Member Brock stated that April 10 was scheduled for the
open house for the Vision Room~ The first meetings of the impact
groups were scheduled for the next few days. There had been some
discussion regarding the use of the Vision logo regarding
copyrighting issues. Volunteers for the Vision Room would be
provided by RSVP and the Benefit League. It was hoped that at the
April meeting a plan would ready for volunteer staffing of that
71
City of Denton City Council Minutes
Mai'ch 1, 1994 ~ '
Page 18
room. Dr. Bulls presented a list of a number of staff members Who
would be providing secretarial support for the impact groups. The
United Way and Texas Instruments had agreed to provide equipment
for the Vision Room and for various projects. The project had
received much donated materials and services for the Vision Room.
10. Miscellaneous matters from the City Manager.
A. Update on the Teasley Lane construction project.
Rick Svehla, Deputy City Manager, stated that last Thursday the
Highway Department had awarded the bid for Teasley Lane. Two
meetings were planned to brief individuals living in the area
regarding the construction project. One meeting would focus more
on groups and/or individuals who had main entrances/exits on
Teasley to determine how they would be affected.
Mayor Pro Tem Smith asked for an estimated time 'frame for the
project.
Svehla replied that the project would take approximately 2 years.
The longest.portion of the construction would be the construction
of the overpasses on I35.
B. Harrell stated that the reconstruction of the Denton
Municipal Complex was moving ahead well on schedule and it was
anticipated that the first phase move would be done by May of this
year.
C. Catherine Tuck, Administrative Assistant, would be leaving
the City for a job in Washington D.C. with ICMA.
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 Brock asked that the policy of
solicitation on City streets be placed on a work session agenda for
reconsideration.
Mayor Castleberry stated in order to place that item on a future
agenda as the Council had already voted on this item, it would be
necessary to bring the item back for consideration.
City of Denton City Council Minutes
Mar~h 1, 1994
Page 19
Council Member ~iller stated that Council Member Brock was not
asking for a revote on the issue but merely to place it as a study
session item. At that time, take a vote to determine whether or
not to continue to pursue the matter.
City Attorney Drayovitch stated that the effect of the 3-3 vote was
denial of the issue. Therefore, the Council voted against that.
In the past, Council had reconsidered items which had failed
without a vote. Reconsideration was not applicable as it only
applied to the next meeting after issue. There was no formal rule
about what it took to put an item on an agenda. She had suggested
a vote as then there would be no question regarding the issue.
Brock motioned, Cott seconded to place the item on a work session
for discussion.
Council Member Perry stated that the intent of the 3-3 vote was to
deny consideration of the issue and the Council should stay within
those rules.
Mayor Castleberry asked if Council would like to hold the item
until the City Attorney had a chance to research the issue.
On roll vote of Council Member Brock's motion, Brock "aye", Cott,
"aye", Miller "aye", Smith "nay", Chew "aye", Perry "nay", and
Mayor Castleberry "nay". Motion carried with a 4-3 vote.
B. Council Member Miller suggested another study session
item regarding the speed bumps policy relative to requests from
other parts of the City and at what point would the City do the
tests in other areas.
13. The Council convened into the Executive Session to discuss the
following:
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered action in Iwuchukwu v. City.
Considered action in the matter of the application
of Bolivar Water Supply Corporation for an
amendment to CCN No. 11257; Docket Nos. 9824-C and
9447-C of the Public Utilities Commission.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Discussion regarding property acquisition on Foster
Road and Mayhill Road.
73
City of Denton City Council Minutes
Ma~ch 1, 1994 ~ ·
Page 20
Co
Personnel/Board Appointments -- Under TEX. GOV'T CODE
SeC. 551.074
No official action was taken during this Executive Session.
CIT~ SECRETARY
CITY OF DENTON, TEXAS
With no further business, the meeting was adjourned.
BOB~B~~
CITY OF DENTON, TEXAS/
/
ACC001A6