Minutes April 5, 1994123
CITY OF DENTON CITY COUNCIL MINUTES
April 5, 1994
The city Council convened into the Work Session of the City of
Denton city Council on T~esday, April 5, 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
Considered action in the matter of the appeal of
the decision of the TNRC in the application of
Bolivar Water Supply Corporation for an amendment
to CCN No. 112578; Docket Nos. 9824-C and 9447-C of
the Public Utilities Commission.
2. Considered action in Gaffney and Pitts claims.
3. Considered action in Noel Wood claim.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
1. Discussion regarding property acquisition on Foster
Road and Mayhill Road.
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
sec. 551.074
Council Member Chew joined the meeting during the Executive Session
discussion.
2. The council received a report, held a discussion and gave
staff direction regarding a City of Denton flag. -
Joseph Portugal, Assistant to the City Manager, stated that the
logo would be used on all city letterhead, vehicles, signs,
anything.in public view. The existing supply of letterhead would
be exhausted and then the new logo would be incorporated into the
city's business cards, letterhead, and promotional materials.
Council Member Cott asked if private citizens would be able to buy
the flag.
Mayor Castleberry felt that the City would need to copyright the
logO·
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Page 2
Council Member Brock suggested using a darker blue and changing the
colors with the blue and red.
Mayor CastleberrY stated that the problem in the past was that
there was no consistency throughout the City. This would
standardize it throughout the City.
Mayor Pro Tem Smith agreed with the suggestion of using a darker
color blue.
Council Member Cott felt that the red on the outside gave the
ability to see the flag a long distance.
Mayor Castleberry stated that there was a need to standardize the
red color also.
Council Member Brock suggested changing the colors for comparison
and also expressed a concern about the expense of having colored
stationary.
Mayor Castleberry stated that there would be a flat charge for two
colors and the more copies that were made, the more the cost would
go down as long as the colors were standardized.
Mayor Pro Tem Smith suggested adopting a policy regarding the use
of the city flag.
City Attorney Drayovitch stated that the City should apply for a
copyright for the logo alsoo
Council considered the next item while staff revised the sample
flag as suggested.
3. The Council received a report, held a discussion and gave
staff direction regarding the draft Board of Adjustment ordinance.
Frank Robbins, Executive Director for Planning and Development,
stated that he would like to review the sections of the ordinance
and note. any changes for the Council. Section 34-41 only had a
minor rewording from the original ordinance regarding the
organization of the Board. There would be five members with two
alternates appointed and four votes were required to approve a
variance. Section 35-42, dealing with the jurisdiction of the
Board, listed the four actions which the Board could take. It
~oul~ hear an appeal of any officer of th~ City; h~ar and ~on~ider
nonconforming uses; evaluate and cause termination of a
nonconforming use; and could consider the replacement, renovation,
remodeling or repair of a nonconforming use. A nonconforming use
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Page 3
was a use of land which did not conform to the zoning district it
was in. The Board could hear variances of the standards of the
Zoning Ordinance such as setbacksand heights but not variances for
the use of the property. The Board could also grant special
exceptions which was a specifically determined situation.
Council Member Cott asked why a super majority was needed.
Robbins replied that. it was a requirement of the state law.
Council Member Brock stated that a special exception was a change
from one conforming use to another conforming use.
Robbins replied that that was one kind of special exception. The
Ordinance recognized only one type of special exception. Sections
35-43, 35-44 and 35-45 relating to rules and procedures, notice of
public hearings and appeals did not have any changes. Section 35-
46 regarding limitations on an appeal was a new section. The
current ordinance had no limit on appeals. Section 35-47 was a new
section and dealt with placing the burden of proof for an appeal on
the applicant.
Council Member Cott asked if limiting an appeal was a process which
had happened frequently in Denton and why was the ordinance making
it more difficult to come to the City for relief.
Robbins replied that this was standard procedure so that an
individual did not keep returning for the same appeal.
Council Member Brock stated that a great deal of staff work was
involved in an appeal and that section would eliminate the tendency
for repeated returns to the Council for an item already considered.
Council Member Cott felt that that section needed to be more user
friendly.
Robbins stated that Section 35-48 dealt with the amortization of
uses and structures. The section added language regarding the
termination of nonconforming uses byadding the variables which the
Board must take into consideration before amortizing' away a
nonconforming use. Section 35-51 dealt with variances considered
by the Board.
Mayor Pro Tem Smith asked if the Zoning ordinance Task Force
recommended approval of the proposal.
Robbins replied that this was the first recommendation to come from
that Task Force.
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Page 4
Consensus of Council was to bring the item before Council. for
consideration at a future meeting.
The Council returned to Item #2.
2. The Council received a report, held a discussion and gave
staff direction regarding a City of Denton flag.
Joseph Portugal, Assistant to the City Manager, presented t. wo
versions of the flag with a blue outline versus a red outline.
Consensus of the Council was to proceed with the blue outline and
draft the necessary ordinances to adopt such.
4. The Council received a report, held a discussion and gave
staff direction regarding the allocation of hotel occupancy tax
funds to match Certified Local Governments Program FY 1994 grant
award. (The Historic Landmark Commission recommended approval.)
Frank Robbins,. Executive Director for Planning and Development,
stated that the Historic Landmark Commission had found a way to
move forward with historic preservation in Denton by matching with
hotel/motel occupancy tax, the fifty percent grant which the State
had already authorized for the City. The State had suggested that
a survey be done of the historic structures in the ~City. There -
would be no effect on the city property taxpayers for the project.
The Historic Landmark Commission recommended that the survey be
done and use the funds as indicated.
Mayor Castleberry asked if the work would be done by a professional
outside source.
Robbins replied correct.
Council Member Perry asked how each property would be surveyed.
Robbins replied that the surveyors would notice those structures.
Council Member Perry asked how an individual would have a building
looked at by the group.
Judith Abbott, Chair-Historic Landmark Commission, stated that the
surveyor would drive up and down every street and using set
criteria would examine every structure and compare it with the
criteria. A report would be prepared on those structures which met
the standards.
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City Manager Harrell stated that a notice could be prepared so that
residents would know what was happening.
Mayor Castleberry stated that if a structure was in the survey, it
would not obligate the property owner to designate it as a historic
landmark.
Robbins replied correct.
Council M~mber Chew stated that he had a concern regarding the use
of the hotel/motel funds. He asked if there would be any more
requests for the use of those funds before Council looked at the
contracts for the various organizations.
City Manager Harrell stated that this was the first request to use
the reserve funds and it was not likely that there would be many
requests.
Council Member Cott stated that every day that passed brought
closer the possibility of losing some of these historic buildings.
There was a need to bring the project together.
Council Member Chew stated that he was not against the project. He
felt that the request should have waited until the Council had
looked at the contracts.
City Manager Harrell stated that this program had acquired a 50%
state grant so that it would only cost $11,000. If the City
deferred the money, it might lose the funding.
Consensus of the Council was to proceed with the project.
5. The Council received a report, held a discussion and gave
staff direction regarding Denton County Judge Jeff MoSeley's
request for a response regarding board membership on the Upper
Trinity Regional Water District.
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, April 5,
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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1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiancei'
2. The Council considered approval of a resolution
appreciation for Billy Jack Johnson.
The following resolution was considered:
NO. RA94-007
RESOLUTION IN APPRECIATION OF BILLY JACK JOHNSON
of
Mayor Castleberry presented the following proclamations:
Believe It or Not I Can Week
Texas Archeology Week
Keep America Beautiful
National Education Credit Week
3. The Council received a citizen report from Dessie Goodson
regarding SPAN.
Ms. Goodson stated that SPAN's door to door service had not changed
and that they were late picking up callers. The riders depended on
this service provided by SPAN. SPAN expected the riders to be
ready for pickup but did not provide the same service when called
by riders. Riders were concerned with the lack of interest
regarding the operation and conditions of SPAN. SPAN needed better
personnel in all departments and vehicles needed to be up to
standards. The citizens of Denton deserved council members, a
manager and mayor who would listen and take an interest in issues
regarding the community. The community would be better served if
all of them would resign and individuals appointed who would better
serve the community. Other riders felt the same way but would not
speak as they felt it would not do any good. She would rather walk
than ride the SPAN system.
Perry motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
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Page 7
4. Public Hearings ~
A. The council held a public hearing and considered two
variances to Chapter 34-114 of the Code of Ordinances (Subdivision
and Land Development Regulations) regarding alleys in the proposed
Woodrow Addition. The 2.0015 acre site was located on the west
side of Woodrow Lane, directly south of Morse Street. (The
Planning and Zoning Commission recommended approval of both
variances on March 23, 1994, 5-2).
Frank Robbins, Executive Director for Planning and Development,
stated that this variancewas associated with a plat on the Consent
Agenda. If the variances were not approved, the plat should be
pulled from consideration. The two variances dealt with alleys
connecting to arterial streets. The unique situation of this
property was that there were no other streets other than arterial
streets adjoining the property. The only way out from an alley
would be onto an arterial street. -.T~e second variance dealt with
the separation of a street from an intersection. The standard was
400' and in this case, the distance would be 140' and approximately
310' to the intersection. The Planning and Zoning Commission
considered the site for problems with traffic and felt that all
three variance criteria had been met.
The Mayor opened the public hearing..
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Chew asked for the proximity of the proposal to
Baldwin Street.
Robbins indicated on an overhead the location of the proposal to
Baldwin Street.
Council Member Chew felt it was too close to Baldwin Street.
Robbins replied that there was a set of standards for intersection
distances. The intersection in question was only on Morse Street
and there were no other driveways or.intersections too close.
Council Member Perry asked if the alley would be wide enough for
emergency equipment.
Robbins replied correct.
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Council Member Brock stated that if there was enough conflict with
the trash pickup and the school traffic, it might be necessary to
schedule trash pickup at a different time for an added safety
element.
Robbins replied that that could be done.
Jerry Clark, Director of Engineering, stated that the traffic flow
could be right in-right out with no left turn going across the
street. There were less trips per day with the residential setting
as opposed to a commercial setting.
Council Member Brock felt that this would be a good use .of the
property.
Brock motioned to approve, Chew seconded although he did not like
the alley but felt that the proposal was good for development. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Consent Agenda
Brock motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase Orders:
1. RFSP #1612 - Computer Equipment
B. Plats and Replats
Preliminary plat of Lots i through 9, Block A,
Woodrow Addition. The 2.0015 acre site was located
on the west side of Woodrow Lane, directly south of
Morse Street. (The Planning and Zoning Commission
recommended approval at its meeting of March 23,
1994, 7-0.)
C. Tax Refunds
1. Numed, Inc. for $901.26.
2. Lomas Mortgage Co. for Frank R. Kemerer for
$1,362.33.
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Page 9
3. Verl C. Lybbert et al for $577.98.
e
Lawyers American Title for Karen C. Pepper for
$604.12.
6. Ordinances
A. 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 (5.A.1. -
RFSP #1612)
The following ordinance was considered:
NO. 94-058
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.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance amending
portions of Chapter 18, Article II, Division 2 relating to truck
routes; providing for the weight of vehicles used exclusively to
transport ready-mix concrete; providing for certain routes for
vehicles possessing a state-issued overweight permit; adding a
portion of Prairie street to the truck route; providing for a
repeal of any ordinance in conflict therewith; providing for a
severability provision; and providing for a penalty in the maximum
amount.of $200.00 for violations of the provisions hereof. (The
Traffic Safety Commission recommended approval.)
Jerry Clark, Director of Engineering, stated that staff had based
changes of requirements for concrete trucks on the Garland and
Mesquite ordinance. Those requirements were too low and were
inaccurate. There had been much input from the ready-mix
companies. The proposal would adjust the truck route ordinance
based on the design of the trucks and adjusted the front axle down
to 1600 pounds. It also raised the amount which would be on the
rear two axles where most of the load was carried. There were two
types of loads-one of which was an overload permit for state
highways. There was a State permitting office in Austin which
created the permits for that type of load and the intent was to
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Page 10
have that type of load remain on the State highways as much as
possible. The adjustment to the 20,000 pound axle load would not
hinder concrete trucks from delivering loads. The second kind of
load was a standard load in which a truck could go on state
highways or city streets. The proposed ordinance also took out the
exemption for city vehicles and they would be asked to abide by the
truck route ordinance. The exception to that would be for the
solid waste trucks which needed to go throughout the neighborhoods.
Staff had received clarification on the wording for an overweight
vehicle. It was felt that this proposal would be a positive
adjustment and made the ordinance user friendly.
Council Member Cott asked how the industry felt about the
ordinance.
Clark replied that they seemed positive about the revisions and had
worked with staff on those revisions.
Council Member Brock asked if the proposal dealt exclusively with
ready-mix concrete trucks.
Clark replied correct, as the other heavy loads were already
addressed.
Council Member Brock stated that she had seen trucks on Bonnie Brae
hauling heavy loads of dirt in dump trucks. Did they have an
agreement with the City to use the route.
Clark stated that the initial routing of the trucks had been done
without an agreement. This was a new business in the area which
was hauling dirt and they agreed to assist with the repair of the
road.
City Manager Harrell stated that approximately nine months ago
staff had presented a comprehensive rewrite of the truck route
ordinance. The.Police Department had purchased equipment to start
testing trucks which were off the truck route and might be in
violation of the ordinance. As that process proceeded, it was
found that ready-mix trucks could not clualify under the load limits
which had been established. That caused the rewrite of that
portion of the ordinance. The Traffic Safety Commission worked on
a refinement to the truck route ordinance. The previous truck
route ordinance dealt with other types of loads and the location of
those routes.
Council Member Cott asked on what basis did the cement trucks pay
taxes to the City.
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April 5, 1994
Page 11
city Manager Harrell stated that there was no tax on trucks other
than regular property taxes or sales tax. The City did not receive
any of the revenue the trucks had to pay to the State for the
permits.
Danny Patton, Lake Cities Concrete, stated that he was appreciative
of the Traffic Safety Commission in helping with the solution to
the problem with the original ordinance. He stated that he was in
favor of the ordinance.
Tony Strickland, Redi-Mix Concrete, stated that he appreciated the
consideration of the truck routes. His trudks used wider tires to
help displace the weight of~-the trucks and reduce the damage to the
streets.
Kathy Devine, Traffic Safety Commission, stated that the City staff
had worked well with the citizens on this proposal. The ordinance
would allow the ready-mix companies to operate within the City of
Denton.
City Manager Harrell stated that the City Attorney had recommended
that if the Council was in favor of the ordinance to adopt the
ordinance as presented in the backup and then would present the
clarifying amendment at a later meeting.
The following ordinance was considered:
NO. 94-059
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 18, ARTICLE II, DIVISION 2 RELATING TO TRUCK
ROUTES; PROVIDING FOR THE WEIGHT OF VEHICLES USED EXCLUSIVELY
TO TRANSPORT READY-MIX CONCRETE; PROVIDING FOR CERTAIN ROUTES
FOR VEHICLES POSSESSING A STATE-ISSUED OVERWEIGHT PERMIT;
.ADDING A PORTION OF PRAIRIE STREET TO THE TRUCK ROUTE;
PROVIDING FOR A REPEAL OFANY ORDINANCE IN CONFLICT THEREWITH;
PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR A
PENALTY IN THE MAXIMUMAMOUNT OF $200.00 FOR VIOLATIONS OF THE
PROVISIONS HEREOF; 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
authorizing the City Manager to execute an agreement between the
city of Denton and Melvin Hartline to purchase property.
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Page 12
This item was pulled from consideration.
D. The Council considered adoption of an ordinance naming
the Leathers Playground at South Lakes Parks, "Eureka!"
City Manager Harrell stated that Council had discussed this item at
the last work session and an ordinance had been drafted per Council
direction.
Brock motioned, Perry seconded to adopt the ordinance.
Mayor Pro Tem Smith stated that since the time when Council had
discussed this item and gave direction regarding the ordinance, she
had talked with many students, parents and interested citizens
regarding the naming of the playground and she was convinced that
Council's directive to staff to prepare an ordinance was based on,
in the best case, incomplete information and, in the worst case,
erroneous information. She indicated that she would not vote for
the ordinance.
Council Member Cott suggested pulling the item for more
information.
Council Member Miller stated that Council had had considerable
discussion at the last meeting regarding the naming of the
playground. With the other suggested name for the playground there
were some problems remembering the exact name suggested. Eureka!
would not be confused with any other name.
Mayor Pro Tem Smith stated that many of people who were very
interested and very concerned were ready for the issue to be
settled. The project was more important than what the name would
be.
On roll vote of the motion to name the playground Eureka~, Brock
"aye", Cott "nay", Miller "aye", Smith "nay", Chew "nay", Perry
"nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote.
City Attorney D~&yovitch ~tated that the Council could propose
another name if it so desired and could amend the ordinance
currently before the Council..
Council Member Miller Stated that at the last meeting this item had
been moved ahead on the agenda in order to complete it before the
Counoil went into Regular Session. That helped with the confusion
regarding the presentation of the item in the Work Session and
there was one individual who was late arriving at the meeting who
did not get a chance to speak at the Work Session.
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City of Denton City Council Minutes
April 5, 1994
Page 13
Miller motioned, Smith seconded to place the item on the next
agenda and receive more input and discussion before determining a
name. 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
reappointing Lloyd V. Harrell and Rick Svehla, and appointing Kathy
DuBose, Acting Executive Director for Finance, to the Board of
Directors for the Denton Health Facilities Development Corporation,
Inc.
Kathy DuBose, Acting Executive Director for Finance, stated that
the resolution appointed her to the Board and reappointed the
others. This was a non-profit public corporation created to
promote and develop new, expanded or improved health facilities.
Board members served 6 year terms.
The following resolution was considered:
NO. R94-013
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION; AND
DECLARING AN EFFECTIVE DATE.
Cott motioned, Brook seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. The Council considered nominations to the Plumbing and
Mechanical Code Board and the Keep Denton Beautiful Board.
Council Member Brock nominated Lee Caps to the Plumbing and
Mechanical Code Board.
Council Member Perry 'indicated that he was not ready for his
nomination to the Keep Denton Beautiful Board.
9. Receive a Vision Update.
Council Member Miller stated that the Cabinet had held a meeting
that morning with the co-leaders of the impact areas. They heard
reports from each group which were meeting regularlY. It was felt
that the project was well under way. There would be an open house
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City of Denton City Council Minutes
April 5, 1994
Page 14
at the Vision Room on Sunday from 2-4 p.m.
Council Member Brock stated that the Vision Room would be open
daily in the near future. Volunteers would keep the room open from
10-2 p.m. for visitors.
council Member Miller asked if there were any questions, concerns
or comments from other Council Members regarding the project.
10. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, stated that a tentative date of May 4
had been selected for the quarterly meeting with the DISD. The
DISD had invited the county judge and commissioners to join the
joint luncheon.
The Council considered Work Session Item #5.
5. The Council received a report, held a discussion and gave
staff direction regarding Denton County Judge Jeff Moseley's
request for a response regarding board membership on the Upper
Trinity Regional Water District.
Bob Nelson, Executive Director for Utilities, stated that there had
been an ongoing difference of opinion regarding an appointee to the.
at-large County position on the Upper Trinity Regional Water
District Board. The original legislation indicated that that
appointee would be appointed from a list that the Board of
Directors prepared of individuals within the County. That list
would be submitted to the County for a selection. Denton County
had a different opinion on the reading..of ~e law. The County had
asked for the City's input on the issue. Several other communities
had expressed the opinion that the at-large position should be
appointed from such a list. This at-large position served as a
participating role on the Board and would be able to vote on
financial matters. He understood that Carrollton and Lewisville
would be responding to the Judge's letter indicatin~ that they
preferred that the at-large position be selected from a list
supplied .by the District. Several of the smaller communities
agreed.
Council Member Miller stated that it was the clear intent when the
district was established that this participating member would come
from a slate recommended by the Board. When the information was
retyped, there was a division in ~h~ paragraphs which changed the
meaning of the intent.
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city of Denton City Council Minutes
April 5, 1994
Page 15
Nelson replied that that was the intent of the original steering
committee, There were two levels of memberships developed, contract
membership and participating membership. The at-large position was
developed so that a water supply corporation could respond with at
least one member. The concern then developed of who should appoint
that member. It was decided that a list would be developed by the
Board and submitted to the County Commissioners for selection. In
the process of codifying, the at-large position was confused with
a different position.
Council Member Perry asked if the position of the member cities was
in accord with what Judge Moseley was asking.
Nelson stated that it was not the same. Judge Moseley was asking
whether the County had to select from a list or be allowed to
determine that position.
Council Member Cott felt that there needed to be control over the
Board and Judge Moseley had presented an opportunity to help
exercise that control. He hoped that the City would not take the
same position with the City's landfill. He did not want a shared
use of the landfill.
City Manager Harrell stated that Lewisville and Carrollton had
encouraged the County.. that if the County had a legal dispute
regarding the way the statute was written that they seek an
Attorney General's opinion as opposed to any legal action.
Council-Member Brock stated that she agreed with the position Bob
Nelson had described that the individuals making direct
appointments to the Board were the ones making an investment to the
project. They were the entities who were committing to pay for the
project. The County was barred by law from creating water
supplies. It seemed appropriate that those paying should have a
stronger voice over those not paying. She supported the position
originally intended that the County make an appointment from a list
given by the Board.
Council Member Chew indicated that he agreed with Council Member
Brock on the procedure.
Council Member Miller agreed with the others and also with the
suggestion of seeking an Attorney General's opinion.
Miller motioned, Chew seconded that the City's position on the
issue be that the County Commissions must choose an at-large
representative from a list given to them by the Board of Directors
and that the County seek an Attorney General's opinion regarding
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City of Denton City Council Minutes
April 5, 1994 '
Page 16
the issue rather than pursuing legal action. On roll vote, Brock
"aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", a~d Mayor Castleberry "aye". Motion carried with a
vote.
il. Official Action on Executive Session Items:
The following action was taken on items discussed during the Work
Session Executive Session:
Perry motioned, Smith seconded to authorize the Mayor to respond to
the Bolivar Water Supply Corporation. On roll vote, Brock "aye",
Cott "aye", Miller "aye"v Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Brock suggested that ,staff prepare for a
budget consideration the idea of a 511 number for non-emergency
calls to be able to route those calls in appropriate directions.
13. Executive Session:
There was no Executive Session held during the Regular Session.
With no further business, the meeting was adjourned at 8:45 p.m.
ciNNIFE~.WALTERS
TY S~R~.TARY
TY OF DENTON, TEXAS
BOB~S~EB~~
CITY OF DENTON, TEXAS/
ACC001BD