Minutes March 22, 1994 CITY OF DENTON CITY COUNCIL MINUTES
MARCH 22, 1994
The Council convened into the Work Session on Tuesday, March 22,
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 pursuing claim City of Denton against
Fox-51, Inc.
2. Considered action in Gibson & Ervin v. City of
Denton.
Received and considered legal advice regarding
solicitation from public streets.
Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Co
Considered property acquisition on Foster Road and
Mayhill Road.
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
2. The Council received a report and held a discussion, and gave
staff direction regarding the Employee Wellness Program.
Joseph Portugal, Assistant to the city Manager, stated that five
responses had been received regarding the City's request for
proposal for the wellness assessment. Selection criteria for a
provider included level and type of services, experience,
qualifications and participation by professionals, time schedule
and a~ditional services. Based on review of those criteria, it was
recommended that the contract be awarded to Dynamic Health and
Performance. The Dynamic Health and Performance questionnaire was
professional and comprehensive, the staff was very professional and
had experience with local governments, and assured confidentiality
for employees and management reports. Council had previouBly
approved $19,000 for the program. The initial cost estimate for
the program was based on $25 per employee with a participation goal
of 80% of the City employees. This agreement was for $45 per
participant for the first 450 participants and $43 per participant
over 451 participants. The current participation rate was 45-50%
of the employees which was within the authorized budget. If the
participation rate of 50% was exceeded, there might be the
.City of Denton City Council Minutes
March..22, 1994
Page 2
potential that additional funding of approximately $10,000 would be
needed. If that were the case, staff recommendation was that the
amount be taken from the difference in the health insurance budget
and cost of the contract with Harris Methodist. Council approval
would be sought before those funds were used.
Council Member Perry asked if the City would be. receiving a better
product due to the higher cost.
Portugal stated that any additional funding would be needed if the
percentage of employees participating in the program was over the
50% estimate.
City Manager Harrell stated that originally the cost of the program
had been miscalculated. It was thought that the program would cost
only $25 per employee and after the proposals had been received, it
was discovered that the cost would be higher than that. The cost
differential was due to an underestimate of the cost.
Council Member Brock asked if the Dynamic bid was the lowest bid.
Portugal replied yes and that it was also the best evaluated bid.
Consensus of the Council was to proceed with the program and to
return to Council for consideration if the program would exceed
budget.
The Council considered Item #4.
4. The Council received a report, held a discussion, and gave
staff direction regarding the naming of the Leathers Playground at
South Lakes Park.
Rich Dlugas, Superintendent of Parks and Recreation, stated that
council had been briefed at a previous session on the Leathers
Playground concept. Friends of South Lakes Park were actively
looking for a name for the playground and had solicited 200 names
from the elementary and middle schools in Denton. Four names were
submitted to the Parks and Recreation Board. The schools voted on
those four names on March 8 'and the two names receiving the
majority of the votes were "Eureka" and "Kids Work". The Friends
were requesting guidance from the Council on the name it liked for
the playground.
Mayor Pro Tem Smith stated that she had been at Sam Houston School
visiting the third grade children and they were in favor of the
name "Kids Work".
City.of Denton City Council Minutes
March 22, 1994
Page 3
Council Member Miller indicated that he had taken an informal poll
and that "Kids Work" was a favorite.
Consensus of the Council was to support the name of "Kids Work" for
the playground.
3. The Council received a report and held a discussion regarding
solicitation from the roadways and gave staff direction.
Due to a time constraint, this item was considered during the
Regular Meeting. under Miscellaneous Matters from the City Manager.
5. The Council received a report and held a discussion regarding
"Building Communities: Together", Empowerment Zones and Enterprise
Communities, and application for designation as an Enterprise
Community.
Due to a time constraint, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting on Tuesday, March 22,
1994 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 members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of March 1, 1994.
Council Miller noted a correction on page 16 of the minutes. He
asked that the wording "if received any funding from the County" be
added to his comments regarding the City serving non-residents.
Perry motioned, Smith seconded to approve the minutes with the
noted correction. On roll vote, Brock "aye", Cott "aye", Miller
"aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
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City of Denton City Council Minutes
March 22, 1994
Page 4
Mayor Castleberry presented the following proclamations:
National COmmunity Development Week
Professional Social Work Month
Denton Redbud Day
Following the presentation of the proclamation for "Denton Redbud
Day", Mayor Castleberry presented awards for outstanding redbud
trees in Denton. ~
3. Resolutions of Appreciation
A. The Council considered approval
appreciation for George E. Berger.
The following resolution was considered:
of a resolution of
NO. RA94-010
RESOLUTION OF APPRECIATION OF GEORGE E~ BERGER
Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution of'
appreciation for Bill Angelo.
The following resolution was considered:
NO. RA94-011
RESOLUTION OF APPRECIATION OF BILL ANGELO
Smith motioned, Brock seconded to approve the resolution. On roll
vote, .Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution of
appreciation for Catherine Tuck.
The following resolution was considered:
NO. RA94-012
RESOLUTION OF APPRECIATION OF CATHERINE TUCK
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City of Denton. City Council Minutes
March 22, 1994
Page 5
Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
4. Citizen Reports
A. The Council received a citizen report from John Shrader
regarding fire protection in the downtown area.
Mr. Shrader stated that the Fire Department was to be commended for
its work in the City. He represented the property owners,
businesses, labs and manufacturers in the Central Business
District. He was concerned that they were in old buildings in the
Central Business District and that the Central Fire Station had
been closed. He expressed concern with response time ~P~he.
downtown area and felt that there should be a satellite statio~
where the Central Fire Station was now. The McCormick Street
station was to serve the Central Business District but he felt that
it was too. long a response time for a truck to come from that area.
There were few fire walls in the Square area and if one business
had a fire, many businesses would be lost. A satellite station was
needed in the area for prompt response time.
B. The Council received a citizen report from Kay Williams
regarding fire protection in the downtown area.
Mr. Williams stated that there were 9 body shops in the area of the
Central Business District. If a fire were to occur in one of those
businesses, a rapid response time was necessary.
Mayor Castleberry stated that the Council would consider these
requests in the near future.
C. The Council received a citizen report from Dessie Goodson
regarding "A Vision for Denton".
Ms. Goodson stated that SPAN had indicated that they never denied
service to residents~but that was incorrect as she had been denied
service. SPAN needed changes in all departments and needed drivers
who were trained in working with individuals with handicaps. Some
drivers did not abide by the rules. A transportation coordinator
was needed plus an executive director. The City needed a Council
and City Manager who would listen to its citizens. She had asked
the Council for some issues and they had not been acted on. Nothing
had been done with a clean-up Of Oak and Fry area.
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Page 6
5. Public Hearings
A. The Council held a public hearing and considered the
preliminary and final replats of Lots 1-6, and Lots 18-24, Block 2,
Ccllege View Addition, into Lot iR, Block 2. The 2.201 acre site
was located north of Davis Street, between Ruddell and Wood
Streets, and was the site of the Sullivan-Keller Learning Center.
(The Planning and Zoning Commission recommended approval on March
9, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a residential replat which combined a number
of lots for an expansion of an existing tract of land. The Traffic
Safety Commission had granted a variance for head-in parking on
Davis Street. The plat complied with the provisions of the
Subdivision Regulations except for parking which had been given a
variance.
The Mayor opened the public hearing.
No one spoke in favor.
Kristina Gutierrez stated that she opposed the replat as there
would be a bus line drop off in that area fOr the school. There
was much traffic in the area on Wood and Davis Street which was an
on-going problem. She was not opposed to the proposal but was
opposed to the drop-off site of the bus line. Other residents in
the area were also opposed to the bus line drop off site. This
would cause more congestion in the area as parents already parked
in the no parking area. She felt that the DISD should move the
drop off site to the front of the school.
The Mayor closed the public hearing.
Council Member Cott asked if Ms. Gutierrez had talked with the DISD
regarding the bus site.
Ms. Gutierrez indicated that she had not at this point in time.
The Mayor closed the public hearing.
Curtis Martin, Supervisor of Construction for the DISD, stated that
the DISD was in the process of buying.the vacant lots in the area
for a parking lot.
Council Member Cott asked if this had been discussed with the
neighbors.
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City of Denton City Council Minutes
March 22, 1994
Page 7
Martin replied that the DISD was in the process of buying the lots
and determining the ownership of the lots in order to purchase and
build a parking lot.
Council Member Brock asked where the students were dropped off now.
Martin replied that right now the students were dropped off on
Davis street in front of the school. That area was very crowded and
DISD was trying to eliminate that condition by pUrchasing the
property in the area to build a parking lot.
Council Member Brock stated that when the DISD had acquired the
property, it would own all the land on west side of Wood Streetl
Martin replied correct.
Council Member Miller stated that the buses were 'now on Davis
Street and stopped in the street.
Martin replied correct.
Council Member Miller asked if the Wood Street location would be an
off-street facility.
Martin replied correct.
Council Member Miller asked what was across the street on Davis
Street.
Martin replied that there were homes in that location.
Council Member Miller stated that no matter where the bus stop were
moved, there would be homes there.
Ms. Gutierrez stated that the two houses on Wood faced the opposite
direction.
Council Member Cott asked Ms. Gutierrez if she had discussed the
issue with the DISD.
Ms. Gutierrez replied that she did not know this was happening
until she had received a notice and was not told of the Traffic
Safety Commission meeting until after the fact.
The Mayor closed the public hearing.
Cott motioned to reject the replats.
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City of Denton City Council Minutes
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Motion died for lack of a second.
Miller motioned, Brock seconded to approve the replats. On roll
vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay", Perry
"aye", and Mayor Castleberry "aye". Motion carried with a 4-2
vote.
B. The Council held a public hearing to consider the final
plat and replat of 10.235 acres known as Lots 18-27, Block A; Lots
41-46, Block 36 of the Southridge Oaks Subdivision; and Lots 28 and
29, Block 36, into Lots 28A and 29A, of the Southridge East.
Subdivision, Phase 1. The site was located on the west side of
Lillian Miller Parkway, at Southridge Drive. (The Planning and
Zoning Commission recommended approval on February 9, 1994, 7-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a replat and plat proposal. Lot 3 was the
replat and the remaining area was a final plat. Council had
approved a planned development on the site several months ago.
State law required that if the subdivision regulations were
followed, the plat had to be approved.
The Mayor opened the public hearing.
Tony Krause, representing the developer, stated that he would
answer any questions of the Council~
Melissa Carter stated that she was concerned about the commercial
replat.
Robbins stated that this would be detached single family housing
and not commercial zoning.
The Mayor closed the public hearing.
Council Member Perry asked about the drainage in the area.
Robbins replied that the official FEMA map showed a flood plain
location on this property which was thought to be in a different
location. The developer made a detailed study which was presented
to FEMA through the City to amend the official map. FEMA agreed
with the study on the location of the flood plain.
Council Member Perry asked where the water would go in the drainage
easement.
Robbins stated that it would flow across the lots.
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City of Denton City Council Minutes
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Page 9
Perry motioned, Brock seconded to approve the final plat and
replat. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
c. The Council held a public hearing to consider the final
replat of Denton High West, Lot 1, Block A. (The Planning and
Zoning Commission recommended approval on March 9, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that schools were allowed in residential districts and thus
this was a residential replat. Five additional fire hydrants would
be added to the site in order to meet the requirements of the
ordinance. The Planning and Zoning Commission found that the
proposal met the standards of the subdivision regulations and
recommended approval.
The Mayor opened the public hearing..
Bill Coleman, representing the DISD, stated that the replat was to
bring the property into compliance with the City's Subdivision
Regulations. An easement abandonment was necessary and some
unplatted property needed to be addressed. The City had asked that
three fire hydrants be installed along Crescent Street and two
along Fulton STreet and a new sidewalk on Bryan Street. A bus
drop-off lane would be built to keep the bus traffic off the
streets. He asked for approval from the Council.
No one spoke in opposition.
The Mayor closed the public hearing.
Brock motioned, Smith seconded to approve the final replat. On roll
vote, Brock "aye" Cott "aye" Miller "aye" Smith "aye" Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption
of an ordinance rezoning approximately 11.92 acres of land from PD
140 and PD 94 to Multifamily Dwelling District-1 Conditioned
zoning, MFl(¢). The property was located on the southeast corner
of Bernard and Collins Streets. Z-93-032 (The Planning and
Zoning Commission recommended approval on February 23, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a rezoning from planned development on two
separate tracts of property zoned planned development to
conditioned zoning. This would eliminate the requirement for a
detailed plan. One of most significant issues associated with the
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City of Denton City Council Minutes
March 22, 1994
Page 10
proposal was the standards which would apply in the platting
process. Collins Street would have to be improved with perimeter
street pawing. Off-site improvement at the intersection of Bernard
and Collins might be needed. The Subdivision Regulations indicated
that if a development were to create a traffic problem such that
the level of service exceeded level of service C, improvements
would be warranted. It had not yet been determined that the
improvements at Bernard and Collins were needed but a
recommendation had been made for a traffic study ~to be done to
determine if the conditions were warranted. Drainage was a major
issue on the site which would be addressed during the platting
process. This was a residential development in which the voluntary
park dedication provisions applied but park land dedication or fees
in lieu of were not expected. The Planning and Zoning Commission
had determined that a detailed plan or a detailed layout of the
site was unnecessary due to the proposed conditions. This zoning
would not allow development to exceed 11~9 units per acre. Another
policy dealt with sufficient green space and recreational
facilities and conditions. This proposal required a significant
amount of green space. Two separate notices had been mailed for
this case and one neighborhood meeting had been held. With
conditions, the Planning and Zoning Commission had recommended
approval.
The Mayor opened the public hearing.
Dale Irwin, owner of the property, stated that he was requesting
the zoning change to conditioned zoning on two adjacent tracts of
land. Conditioned zoning was a new zoning process approved by
Council since the tract was zoned in 1991. It was an excellent
zoning avenue. The requested change would eliminate the need for
separate site plans during development. Conditioned zoning
eliminated the need to return for each phase of the development.
He had a concern regarding the possible traffic problem at Bernard
and Eagle which was a considerable distance from the development.
Federal funds had been applied for by the City for further
improvements at the intersection plus a traffic signal would be
installed. It would cost approximately $3000-5000 for a traffic
analysis study and approximately $15,000 for a right turn lane.
Bernard and Eagle was quite a distance from the development. The
developer was being asked to widen Collins Street to 41 feet which
was the same as Eagle Drive. If the development were to proceed,
Collins Street would have to be widened and traffic problems, which
were some distance from the proposal, would have to be addressed.
Irwin did not believe that it was accurate that the development
would add an additional 1000 car trips p~r day on the street. The
units would have an exit on Collins Street and approximately one-
half of the vehicles leaving or entering the development would do
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City of Denton City Council Minutes
March 22, 1994
Page 11
so on the Collins Street side.
No one spQke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Smith asked who would be paying for the traffic light
and for the installation.
Robbins replied that the City would be paying for the signal.
Council Member Miller asked if the light would take care of the
problem or were turn lanes needed.
Robbins replied that it was felt that the development would
adversely impact that intersection and might generate enough
traffic at the wrong time of the day so that that intersection went
below the City's adopted standard level of service. A traffic
impact analysis was proposed to see if that would be the case. If
the study indicated that there would be no problem, improvements
would not be needed.
Council Member Miller stated that this was the normal procedure of
the City in that whoever was responsible for the volume must pay
for the improvement.
Robbins replied correct.
Council Member Miller asked about the number of trips per day.
Robbins replied that part of the traffic impact analysis would
study the number of trips per day. Staff had used the standard
number of trips per apartment unit. Staff was raising a flag that
there might be a problem in the area.
Council Member Miller asked about the time frame for the study and
would the applicant have to wait until the study were completed
before proceeding with the development.
Robbins replied that the applicant could bring information to staff
without having to use a consultant.
Council Member Miller asked for locations where the City had
required such procedures.
Robbins replied that the Owens plat on Lillian Miller would have
required the installation of a right turn lane. This was a rare
occurrence.
City of Denton City Council Minutes
March 22, 1994
Page 12
City Manager Harrell stated that this was a two part process.
Council was currently looking at a rezoning request for lan~ use
and the recommendation was to approve the request with specific
conditions none of which related to these traffic items. If
Council approved land use, the zoning, the developer would have to
go through a second process which required the filing of a plat.
During that time, the Planning and Zoning Commission would look at
the various public improvements which would be required for
development of the property. One of the considerations, which the
Planning and Zoning Commission would have to make, was how much
paving and off-site improvements would be needed. This issue would
be considered at a later date.
Council Member Cott stated that he had been on the property several
times and this was a developer's risk. He felt it would be easy to
determine the traffic problem calculations now.
Council Member Perry asked if the drainage detention area would
pose a safety hazard to children.
Robbins replied that the pond had not been drawn at this time.
There were a number of these facilities in the City. They were all
designed to be wet for a small period of time except during heavy
rains.
Council Member Brock stated that further development would probably
create some traffic problems. The area was poorly planned several
years ago. She expressed concerned about making areas for
individuals to walk and for bikes and suggested that the developer
be aware of those options.
Mayor Castleberry asked if Collins Street would be a major
thoroughfare in the future and was that the reason that the
developer was being asked to widen Collins Street.
Robbins replied that Collins had always been shown as a collector
street and that was the reason the developer was being required to
widen the street to that standard. At a future date it might be an
arterial street.
Mayor Castleberry stated that Council needed to keep in mind that
they were not considering the turn lanes at this meeting. They
were only considering the zoning of the property at this time.
City of Denton City Council Minutes
March 22, 1994
Page 13
The following ordinance was considered:
NO. 94-037A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140AND PLANNED
DEVELOPMENT NO. 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-i-C)
FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF
BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; 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.
E. The Council held a public hearing and considered adoption of
an ordinance changing an 8.278 acre tract of land from General
Retail (GR) zoning district to Planned Development, considered a
Detailed Plan and considered conditions limiting the categories of
uses and parking spaces. The tract, known as Carriage Square
Shopping Center, was bound by Eagle Drive, Interstate 35-E, Avenue
C and Collier Street. Z-94-001 (The Planning and Zoning Commission
recommended approval, with conditions on February 23, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a planned development zoning to allow for
fewer parking spaces than what was required. A large vacant retail
portion of the development had a potential restaurant tenant and
with the current zoning, parking was inadequate. Rather than
proceed with a variance process, the planned development technique
was proposed. This planned development would allow for a
restaurant to go in the center if the mix of uses were met. A
traffic study was done which proved that with the mix of uses not
~l.~.'the parki'n~g~was. needed. The proposal would also improve the
landscaping and decrease the amount of signage on the property.
The Mayor opened the public hearing.
Mike Ma~e, representing the owners of the property, stated that he
would answer any questions the Council might have.
No one spoke in opposition.
The Mayor closed the public hearing.
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City of Denton City Council Minutes
March 22, 1994
Page 14
The following ordinance was considered:
NO. 94-038
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM GENERAL RETAIL (GR) TO PLANNED DEVELOPMENT (PD)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
APPROXIMATELY 8.278 ACRES OF LAND KNOWN AS CARRIAGE SQUARE
SHOPPING CENTER AND BOUNDED BY EAGLE DRIVE, INTERSTATE 35-E,
AVENUE C AND COLLIER STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council held a public hearing and considered adoption
of an ordinance amending the regulatory line map to include an area
located in the ETJ, south of FM 455 between the Elm Fork of the
Trinity River and FM 2164. (The Planning and Zoning Commission
recommended approval on January 12, 1994, 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that the ordinance which adopted the regulatory line which
made a distinction in the ETJ when the City would apply the
subdivision regulations, indicated that if the City's certificate
of convenience and necessity were amended, that the line should be
reconsidered. That had happened and the Planning and Zoning
Commission had recommended an amendment to the line.
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. 94-039
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
REGULATORY LINE MAP AS ESTABLISHED BY ORDINANOE NO. 93-033;
AND PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
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Page 15
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.
G. The Council held a public hearing and considered adoption
of an ordinance amending a Specific Use Permit for the Delta Chi
Fraternity to allow continued operation of their meeting hall and
offices. This property was located at 119 Avenue A. Z-93-035 (The
Planning and Zoning Commission recommended approval on February 9,
1994, 4-0.)
Frank Robbins, Executive Director of Planning and Development,
stated the proposal extended the specific use permit, with no
limit, for the fraternity in the area. A condition was added that
if any of the previous conditions were violated, the Executive
Director fOr Planning and Development could bring a case to the
Planning and Zoning Commission for revocation.
The Mayor opened the public hearing.
Scott Woods stated tha~ he would answer any questions of the
Council.
No one spoke in opposition.
The Mayor closed the pUblic hearing.
Council Member Miller stated that originally there was some
opposition and concerns regarding the use of the property.
Robbins stated that there were some issues associated with alcohol
but that was a condition of the SUP.
Council Member Miller stated that after a year in operation, there
was no opposition.
Robbins replied correct.
The following ordinance was considered:
NO. 94-040
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC
USE PERMIT TO ALLOW FOR THE CONTINUATION OF A FRATERNITY
MEETING HALL AND OFFICE SPACE ON A 1600 SQUARE-FEET TRACT OF
LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
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Page 16
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motioncarried unanimously.
6. Consent Agenda
Council Member Cott asked that Item #9 be pulled for discussion.
He felt that by putting the roofing projects with the contractor
who was building the buildings, competitive bidding was being
eliminated. He suggested bringing in roofing individuals regarding
such projects.
Perry motioned, Cott seconded to approve the Consent Agenda. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
A. Bids and Purchase Orders:
1. ~id #1581 - Commercial Refuse Trucks
2. Bid #1586 - Vibratory Roller
3. Bid #1588 - Utility Vehicles
4. Bid #1593 - Fertilizer & Herbicide
5. Bid #1602 - Transformers
6. Bid #1594 - Demolition #22
7. RFSP #1595 - Controlled Access Locks
8. RFSP #1597 - Wellness Program
9. P.O. #40402 - Steele Freeman
10. P.O. #43435 - Ford Hall Co., Inc.
il. P.O. #43439 - Dictaphone
7. Ordinances
Council considered Ordinances A-G, the Consent Agenda Ordinances,
with one motion.
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (7.A.1. - Bid #1581, 7.A.2. - Bid
#1587, 7.A.3. - Bid #1588, 7.A.4. - Bid #1593, 7.A.5. - Bid #1602)
The following ordinance was considered:
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City of Denton City Council Minutes
March 22, 1994
Page 17
NO. 94-041
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.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (7.A.6. - Bid #1594)
The following ordinance was considered:
NO. 94-042
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.
C. The Council considered adoption of an ordinance accepting
a competitive sealed proposal and awarding a contract for the
purchase of materials, equipment, supplies or services. (7.A.7. -
RFSP #1595)
The following ordinance was considered:
NO. 94-043
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OFMATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with Dynamic
Health & Performance Inc. for professional services relating to
.health screening of employees of the City of Denton (7.A.8. -
RFSP #1597) '
City of Denton City Council Minutes
March 22, 1994
Page 18
The following ordinance was considered:
NO. 94-044
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH DYNAMIC HEALTH &
PERFORMANCE INC. FOR PROFESSIONAL SERVICES RELATING TO HEALTH
SCREENING OF EMPLOYEES OF THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE.
E. The Council considered adoption of an ordinance
authorizing the execution of a change order to a contract between
the City. of Denton and Steele Freeman; and providing for an
increase in the contract price. (7.A.9. - P.O. #40402)
The following ordinance was considered:
NO. 94-045
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN;
PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING
AN EFFECTIVE DATE.
F. 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. (7.A.10 - P.O. #43435)
The following'ordinance was considered:
NO. 94-046
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IH ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
G. The Council considered adoption of an ordinance awarding
a contract for the purchase of materials, equipment, supplies or
services bid by the State Purchasing General Service Commission.
(7.a. ll. -.P.O. #43439)
The following ordinance was considered:
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City of Denton City Council Minutes
March 22, 1994
Page 19
NO. 94-047
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT SUPPLIES OR SERVICES BID BY THE STATE
PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORAN EFFECTIVE
DATE.
Perry motioned, Smith seconded to adopt Ordinances A-G. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
H. .~he Council considered adoption of an ordinance vacating
certain public utility easements recorded in Volume 363, Page 522
of the Deed Records of Denton County, Texas, Volume 363, Page 523
of the Deed Records of Denton County, Texas, and Volume 431, Page
387 of the Deed Records of Denton County.
Rick Svehla, Deputy City Manager, stated that the plat was for the
Denton West High School. The City had received an easement for the
existing utilities. There were some easements which were filed by
a separate document and were no longer needed. Staff was
recommending approval of vacating these easements.
The following ordinance was considered:
NO. 94-048
AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENTS
RECORDED IN VOLUME 363, PAGE 522'OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, VOLUME 363, PAGE 523 OF THE DEED RECORDS OF.
DENTON COUNTY, TEXAS, AND VOLUME 431, PAGE 387 OF THE DEED
RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
I. The Council considered adoption of an ordinance
authorizing the filing of an application with the Department of
Transportation, United States of America, fora grant under the
Urban Mass Transportation Act of 1964, as amended.
Catherine Tuck, Administrative Assistant, stated.that this was an
annual grant application for Section 9 funds to run the public
transportation system and demand response system in Denton through
SPAN. The City was requesting an amount of congestion mitigation
City of Denton City Council Minutes
March 22, 1994
Page 20
93
air quality funds.
The following ordinance was considered:
NO. 94-049
AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A
GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED; AND PROVIDING AN EFFECTIVE DATE.
Cott motioned, Perry 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.
J. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Curtis Smith to purchase property.
Bill Angelo, Director of Community Services, stated that the
contract was for the purchase of property located on Mayhill Road
which was associated with the expansion of the Denton landfill.
This property would be a buffer zone in the area. Smith may remain
on the property for several years as noted in the contract. The
Planning and Zoning Commission recommended approval.
The following ordinance was considered:
NO. 94-050
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND CURTIS SMITH TO
PURCHASE PROPERTY; 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", Perry
"aye" and Mayor Castleberry "aye" Motion carried unanimously
K. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Robin G. and Patty S. Wilson to purchase
property.
This item was pulled from consideration.
L. The Council considered adoption of an ordinance amending
solid waste rates for sanitary landfill use as authorized by
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City of Denton City council Minutes
March 22, 1994
Page 21
Chapter 24 of the Code of Ordinances of the City of Denton by
amending the charges for use of the landfill. (Public Utilities
Board reco~ended approval.)
Bill Angelo, Director of Community Services, stated that since
August of 1993 there had been a significant increase in volumes
coming into the landfill from contract/cash customers. The normal
volume in that area had been approximately 800 cubic yards per
month and that had been increased to over 2000 cubic yards per
month from those categories. It had been learned that recent rate
changes and closures of area landfills were contributing to the
increased flow of waste to the landfill. It was a concern that
such a rate would increase the shortening of the life of the
landfill. The proposed higher rate would discourage some of the
waste coming from the southern part of the County and channel it to
other parts of the County. The Pubic Utilities Board had reviewed
the rate and had recommended approval. It was felt that most of
the increase was from the DFW and Camelot landfills which had rates
higher than the City.
Council Member Brock asked if it would not be to the City's
advantage to put off filling the landfill as long as possible.
Angelo replied that the solid waste budget was predicated on
bringing in a certain amount of revenue from the outside through
the landfill. If that revenue were not realized, other sources
would have to be found to collect that revenue, possibly a rate
increase on the residential and commercial side. It was felt that
the proposed rate would allow some outside business and would be
adequate to change some flow to other facilities. Staff would be
keeping track of the flow on a daily basis and if the volume were
not diminished enough, the rate could be increased when needed.
Joyce Poole urged the Council to be in favor of the proposed
increase. The life of the landfill was limited and the permitting
process for a new landfill was a long process. The City needed to
divert some of the waste from the landfill to increase the life of
the landfill. She also urged the Council to consider a different
approach in which local residents would not be charged the extra
cost. The local contractors could pay on a contracted basis and
the local citizens would not be affected by the increased rate.
Mayor Pro Tem Smith asked what would be the financial differences
if the increase did not apply to local citizens.
Angelo replied that the problem was not in differentiating between
residential and non-residential use but where the waste was coming
from. A local roofing firm might be doing a job in Lewisville and
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City of Denton City Council Minutes
March 22, 1994
Page 22
bring that waste to Denton. The problem was more in determining
where the waste was coming from rather than where the individual
lived. There would be some problems in determining where an
individual lived and some type of system would have to be developed
to distinguish between residents and non-residents and where the
waste was coming from. Most of this type of waste was from
contract jobs as opposed to residents.
The following ordinance was considered:
NO. 94-051
AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES
FOR SANITARY LANDFILL USE AS AUTHORIZED BY~CHAt~PER 24 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING THE
CHARGES FOR USE OF THE LANDFILL; AND PROVIDING FOR A/~
EFFECTIVE DATE.
Cott motioned, Miller seconded to adopt the ordinance. On roll
vote, Brock "nay",' Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "nay", and Mayor Castleberry "aye". Motion carried
with a 4-2 vote.
M. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and Denton County for the impoundment and disposition of
dogs and cats and the collection of fees pursuant to the provisions
of said agreement.
Nonie Kull, Environmental Health Services Manager, stated that this
was an annual agreement with the County of Denton to allow the City
to shelter animals found in the County. This was a standard
agreement and was the same contract which had been used for the
last 10 years.
Mayor Pro Tem Smith asked about the volume from the County.
Kull replied it ranged from a low figure of 15-20 animals per month
up to 200 per month which was rare. There was an additional
agreement with the County which indicated that they were not to
exceed 1500 animals annually if it were causing problems for the
City.
The following ordinance was considered:
City of Denton City Council Minutes
March 22, 1994
Page 24
O. The Council considered adoption of an ordinance
authorizing a traffic light synchronization program grant
application (TLS III) to promote the conservation of energy
resources.
Rick Svehla, Deputy City Manager, stated that this would allow the
City to apply for more grant money in the oil overcharge program.
The City was submitting three projects but probably would not
receive funding for all three projects.
The following ordinance was considered:
NO. 9~-054
AN ORDINANCE AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION
PROGRAM GRANT APPLICATION (TLS III) TO PROMOTE THE
CONSERVATION OF ENERGY RESOURCES; AND DECLARING AN EFFECTIVE
DATE.
Perry motioned, Cott 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.
8. Resolutions
Mayor Castleberry noted that Items 8.A. and 8.B. were listed as
resolutions. Those items were ordinances and copies of the
ordinances had been made available to the Council.
A. The Council considered approval of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Corinth for the impoundment and disposition
of dogs and cats.
Nonie Kull, Environmental Health Services Manager, stated that this
was an annual contract with the City of Corinth.
The following ordinance was considered:
NO. 94-055
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE,
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City of Denton City Council Minutes
March 22, 1994
Page 23
NO. 94-052
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FORAN EFFECTIVE DATE.
Perry motioned, Smith 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.
N. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Greater Denton Arts Council.
City Manager Harrell stated that the Council had originally
considered this item on its January 4 agenda. The agreement
allowed the City to authorize the transfer of certain monies from
the hotel/motel tax. Approximately $117,711 had been collected
from April 1, 1990 through March 31, 1992 and had been designated,
at that time for the historic restoration of the old steam plant.
This ordinance would redesignate those funds and make them
available for the Campus Theater project.
Council Member Perry felt that the City had designated the funds
for the steam plan project and would still need a performing arts
center. On the strength of what the City said it would Bo and the
fact that money had been raised on the premise of using the old
steam plant, he felt that the money needed to remain in its
original account. He had no opposition to the Campus Theater
project but felt that the money should remain with the old steam
plant.
The following ordinance was considered:
NO. 94-053
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS
COUNCIL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"nay", and Mayor Castleberry "aye". Motion carried with a 5-1
vote.
City of Denton City Council Minutes
March 22, 1994
Page 25
Perry motioned, Smith 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.
B. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Roanoke for the impoundment and disposition
of dogs and cats and the collection of fees pursuant to the
provisions of said agreement.
Nonie Kull, Environmental Health Services Manager, indicated that
this was also an annual contract with the City of Roanoke.
The following ordinance was considered:
NO. 94-056
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; THE COLLECTION
OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution adopting
a comprehensive driving and city vehicle use policy.
City Manager Harrell stated that Council had reviewed this policy
at a recent work session. This was the formal resolution to adopt
the policy.
The following resolution was considered:
NO. R94-012
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A
COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY; AND
PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Mille~ "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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City of Denton City Council Minutes
March 22, 1994
Page 26
9. update on the "Vision for Denton" project.
Council Member Miller stated that two impact groups had recently
met. A schedule of when the impact groups would be meeting had
been developed and the project was moving forward.
city Manager Harrell stated that there had been a first meeting
with chairs of the various impact groups. Every group had been
represented and the chairs continued to be very enthusiastic about
the project. By the end of the week, every impact group would have
met except for the education group. The education group was in
need of two new chairs. One had been selected, Jim Alexander, and
the group was working on the other co-chair.
Council Member Brock stated that the open house for the Vision Room
would be on Sunday April 10, 1994, 2:00-4:00 p.m.
Mayor Castleberry stated that there, was a great deal of interest in
the project.
10. Miscellaneous matters from the City Manager.
A. Teasley Lane Update - Rick Svehla, Deputy City Manager,
stated that the City continued to work with the Texas Department of
Highways. On April 6-7 there would be meetings at Sam Houston
Elementary School for interested individuals regarding the project.
Notice of the meetings would be sent by utility bills and through
the press plus Channel 25.
The Council considered the Work Session items not considered during
the Work Session.
3. The Council received a report and held a discussion regarding
solicitation from the roadways and gave staff direction.
Miller motioned, Brock seconded to defer this item until the neXt
meeting.
Council Member Perry stated that this was the third time to
consider this item. He asked why it would be necessary to postpone
the item.
Council Member Miller indicated that Council Member Chew was not at
the meeting.
On roll vote, Brock "aye" Cott "aye" Miller "aye" Smith "nay"
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3
vote.
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City of Denton City Council Minutes
March 22, 1994
Page 27
City Manager Harrell stated that this item had been before Council
several times concerning whether or not to permit solicitation on
the roadway within the City. Currently such activity was
prohibited. A comprehensive survey had been done regarding what
other cities allowed. Council had asked for a draft ordinance at
that time, and gave direction regarding provisions for the
ordinance. Council voted 3-3 a year ago to not proceed and the
item died at that point in time.
Council Member Miller indicated that since he had been on Council,
these types of issues had been resolved by ordinances. This was
one issue which the Council refused to put in ordinance form for
consideration. He felt that there was enough indication that this
was the kind of issue which should be brought to Council in the
form of an ordinance to give the public an opportunity to provide
input. He wanted Council to put this information in the form of an
ordinance and then consider that ordinance.
Council Member Perry stated that the public had had three
opportunities to address the issue. Many cities had an ordinance
which Prohibited solicitation from the roadways. The City did not
deny a group a basic right. The City did pay attention to safety
hazards and to impeded access to the roadways by individuals. This
was a serious matter in a busy intersection.
Council Member Miller stated that this item had only been
considered by Council in a study session and there had been no
public input on the issue. There had been no consideration of an
ordinance.
Ken Gold stated that the ordinance regulations could be lessened
and that would provide some good to a national charity. While he
could not predict the future, there had never been a single injury
in prior years. He realized there was a constitutional question in
that if one organization were allowed to solicit from the street
then all must be allowed. A recent court decision indicated that
charitable organizations had access to the streets.
Council Member Cott indicated that it was time to have an ordinance
to consider.
Mayor Pro Tem Smith stated that she was opposed to solicitation on
the roadways. It was a serious traffic hazard, a bad example to
children and a nuisance to drivers.
Miller motioned, Cott seconded to direct staff to proceed With the
drawing of an ordinance for Council to consider at a meeting where
the public could respond. With the information provided at the
City of Denton City Council Minutes
March 22, 1994
Page 28
101
meeting of October 1993 there was a proposed ordinance. Staff
could also provide data from other cities regarding this issue.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay",
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3
vote.
5. The Council received a report and held a discussion regarding
"Building Communities: Together", Empowerment Zones and Enterprise
Communities, and application for designation as an Enterprise
Community.
Frank Robbins, Executive Director for Planning and Development,
stated that the Federal Government had announced that six cities
would be designated as empowerment zones. Denton probably would
not be designated as such as the funds probably would go to much
larger communities. Sixty five communities of Denton's size might
be designated enterprise communities. He felt it would be a
worthwhile project to go through. To be designated an enterprise
community the City would have to develop a strategic plan in an
area of poverty and economic services. The Department of Housing
and Urban Development had four key principles in the project - (1)
economic opportunity which involved the creation of jobs both
within the community and throughout the region, (2) sustainable
community development which involved empowerment of communities by
supporting local plans that coordinate economic, physical,
environmental, community, and human development, (3) community-
based partnerships which involved broad participation by all
segments of the community and (4) strategic vision for change which
involved a strategic map for revitalization. He proposed a
technique which would involve meeting with individuals in small
groups for 2-4 hours regarding the issue. A draft plan to Council
would be presented at the second meeting in May.
Mayor Pro Tem Smith asked for the deadline for submittal of the
application.
Robbins replied that the application had to be to the State by June
4 and to the Federal government by the end of June.
Council Member Perry asked where the membership of the groups would
come from.
Robbins replied that anyone who wished to become involved could do
so. Groups suggested would include the United Way, NICE, the
Owsley Coalition, and the CommunitY Development Advisory Committee.
Council Member Miller suggested that church groups, police input,
the educational system such as PTA, and the judiciary be included.
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City of Denton City Council Minutes
March 22, 1994
Page 29
People in the community who were involved in various areas needed
to be included in the membership of the group.
City Manager Harrell stated that this was a new initiative from the
Federal government and would not replace community development
activities. This was a program directed to the human service needs
of low income individuals in the community. This would be an
opportunity to coordinate the delivery system to make sure it was
being comprehensively delivered to individuals in need. This woUld
give access to a significant amount of money if selected to
participate in the project and work on human service needs. The
City had a chance to receive the funding and should consider
participating in the project.
Mayor Castleberry asked if the funds were to be used by charitable
agencies.
Robbins replied correct.
Mayor Castleberry asked if there were any strings attached.
Robbins replied that there were no strings as it .was a one time
program.
Council Member Miller suggested holding the meetings in the Vision
Room as this might be tied in with the Vision Project.
11. There was no official action taken on the Executive Session
items considered during the Work Session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Miller motioned, Perry seconded for reconsideration of an
earlier item regarding the naming of the new playground facility.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Rich Dlugas, Superintendent of Parks and Recreation, stated that
members of the Friends of South Lakes Park had been involved in the
naming process of the playground. A ~ember would like to present
additional comments regarding the naming of the playground.
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City of Denton City Council Minutes
March 22, 1994
Page 30
Sandy Kristofersen stated that the she been conducting the voting
regarding'the naming of the playground. She offered further
information regarding the other choice for the name of the
playground. She asked for reconsideration of the name "Eureka" for
the playground as it tied in more with the schools and would
provide more educational use of the playground.
Miller motioned, Cott seconded to proceed with the name "Eureka"
for the playground. On roll vote, Brock "aye", Cott "aye", Miller
"aye"~ Smith "nay", Perry "nay", and Mayor Castleberry "aye".
Motion carried with a 4-2 vote.
13. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 9:45 p.m.
TI~E~ WALTERS
S~RETARY
OF DENTON, TEXAS
ACC001B6