Minutes May 3, 1994165
CITY OF DENTON CITY COUNCIL MINUTES
May 3, 1994
The Council convened into the Executive Session on Tuesday, May 3,
1994 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
following:
The Council convened into the Executive Session to discuss the
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered authorizing the City Attorney to file an
amicus brief in City of San Antonio v. Rodriquez.
2. Considered settlement in claim of Mr. and Mrs. L.
Brown.
3. Considered possible action against Fox-51, Inc. for
violations of lease.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, May 3, 1994
at 5:45 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council received a report and held a discussion regarding
the Community Development Advisory Committee recommendations for
the 1994-95 program year.
Barbara Ross, Community Development Administrator, stated that in
January, public hearings were held to gain citizen input on the use
of CDBG and HOME funds. Staff advertised the availability of funds
and assisted many individuals in preparing applications for
funding. The City Council ranked the eligible activities in
February and staff members reviewed and ranked applications for
funding. The Community Development Advisory Committee held
hearings to receive additional information and discussed each
request for funding.
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Mayor Castleberry asked why TWU Cares was not included in the
recommendation.
Ross replied that the Chair of the Community Development Advisory
Committee would be able to answer that question.
Curtis Ramsey, Chair-Community Development Advisory Committee,
stated that staff and members of the Committee had worked very hard
on the recommendations presented to Council. The Committee had
received proposals which far exceeded the amount of available
funds. He reviewed the recommendations for funding as proposed by
the Community Development Advisory Committee. Those
recommendations included $105,702 for the Homebuyer Assistance
Program; $26,000 for an Owsley Community Center; $140,000 for
Chambers Street drainage; $12,600 for MK & T Railroad culvert
improvements; $35,583 for Chambers, Boardwalk, Park Lane, Simmons
repaving; $14,140 for a SPAN vehicle; $100,000 for American Legion
renovation; $45,000 for Denia playground improvements; $10,400 for
MLK playground improvements; $200,000 for Fred Moore Child Care
renovation; $22,223 for City-County playground drainage; $14,957
for Fairhaven rehabilitation; $65,000 for demolition and clearance;
$7,500 for AIDenton; $18,000 for Hope Transitional Housing; $19,000
for MLK After School Action Site; $13,000 for King's Kids Summer
Program; $8,000 for After School Action Site Scholarships; $10,000
for Owsley Summer Program; $41,500 for SPAN Transportation; $33,000
for Rainbow Connection; $8,420 for ADA compliance; $17,000 for
housing rehabilitation; and $237,000 for program administration.
Mayor Castleberry asked how those recommendations were in line with
the Council survey.
Ramsey felt it was a good fit and felt they were on track with
Council suggestions.
Council Member Cott asked if the City had to outlay any money to
receive these federal funds.
Ramsey replied that this was not a matching grant program so no
money would be coming from the City.
Council Member Cott asked if there would be any expenditure of
people in order to accept the funds.
Ramsey replied no.
Ross stated that the HOME program did require a program match from
the City. The match which the City intended to use would be
properties which were available for new homes. A proposal was also
being made to the Denton County Housing Finance Corporation for
additional funds for more construction.
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City Manager Harrell stated that all administrative costs were
funded from the block grant proceeds. The City did not charge the
program for indirect administrative costs as many other cities did
and did not charge.for accounting personnel who worked on the grant
administration.
Council Member Miller stated that. he had questions regarding some
of the funding suggestions. He questioned what would be the use
for the American Legion building, who would operate it, would it
require additional maintenance funds~from the~City, and what would
be the impact of moving the COPS program from the Phoenix Apartment
area.
Ross replied that the Parks and Recreation Department was working
on an agreement with the American Legion to take possession of the
property and would be responsible for the maintenance of the
facility. Senior citizens would use the building as a craft house
and for special'events such as wedding receptions. The COPS program
would use the building as a base of operations during special
events.
Mayor Castleberry questioned having two facilities so close
together as MLK was not being used to capacity. He felt Council
needed to look closely at the proposal with the Legion building.
He was concerned that there be enough funds available for low
income neighborhoods in the community for such projects as paving
and drainage improvements.
City Manager Harrell stated that this year there had been a
substantial increase in block grant funding. There were
approximately $1.4 million worth of street/drainage projects
submitted and the Committee only recommended $200,000 for funding.
He asked Chairman Ramsey for the Committee rationale for those
types of recommendations.
Ramsey replied t. hat they tried to achieve a balance. Ail of the
available funding could have been used for paving and drainage
projects but the Committee did not feel that that was proper.
Mayor Castleberry asked for a list of the projects which were not
recommended for funding.
Council Member Brock felt that it would be helpful to have someone
on the Police Department review the plan for regarding the
possibility of moving the COPS program from the Phoenix Apartments.
She would like a plan for the COPS program if the Legion building
were renovated. She also asked for more specific information about
the state/federal funds which would be used for the SPAN program.
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Council Member Perry asked for additional information regarding the
use of the Legion Building for senior citizens.
Council Member Miller asked if the American Legion building was a
City owned building.
Council Member Chew replied that the Legion was a City owned
building. He felt that the problems with the Fred Moore Park would
be eliminated if the COPS program were there.
2. The Council received a report and held a discussion regarding
the Human Services Committee recommendations for the 1994-95 agency
funding.
Sandy Kristofersen, Chair-Human Services Committee, detailed the
recommendations for funding which included $3,500 for the Community
Food Center; $2,000 for the Denton Christian Pre-School; $21,000
for the Denton City-County Day Nursery; $28,000 for the Fred Moore
Child Care Center; $20,000 for Friends of the Family; $5,000 for
HOPE, Inc.; $30,000 for the North Texas Community Clinics; $7,500
for RSVP; and $26,000 for SPAN. The Council had indicated that
children and youth were a priority and the Committee's
recommendations reflected those priorities. The budget
recommendation included an additional $1,700 in general fund
dollars to be allocated for human services agencies. This was a 2%
increase over last year's level of $148,300.
Council Member Cott stated that it took time to get an agency
established. If the City pulled back money it would be difficult
for some agencies to get other funding. He suggested that the
Council get involved in specific long term funding for certain
agencies.
Kristofersen replied that the Committee had difficulty in that it
had more requests than money.
Marion Hamilton, Executive Director of the Denton Housing
Authority, stated that it was difficult for an organization, once
it had started, to find operating funds. She felt that in terms of
approaching the Human Services Committee and asking for operating
funds, the agencies were receiving mixed messages for funding. She
suggested developing firm guidelines regarding what the Committee
was looking for when making a recommendation. Health care was a
very pressing need for low income individuals. TWU Cares helped
address those types of health needs.
Mayor Castleberry stated that he understood that in 1989 or prior,
some of the funds were available for a three year basis and then an
agency would have to find its own funding. He asked that that
information be presented at the next meeting so that Council would
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know the guidelines.
C6uncil Member Miller stated that he had some concerns as some
agencies had received funding for a long period of time, and some
agencies only could receive short term funding. He felt that mixed
signals had been sent out regarding this funding. He felt that the
message given out was that new programs should not be created that
would take funding from established programs.
Kristofersen stated that very few of the agencies recommended for
funding were new programs. The only new programs recommended for
funding were City generated programs.
Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Matters from the City Manager.
3. The Council receive a report, held a discussion and gave staff
direction regarding the Design Guidelines. The Planning and Zoning
Commission recommended approval contingent upon City Council
funding the legal review of the zoning ordinance rewrite as
recommended by the Zoning Ordinance Task Force (6-0).
Due to a time constraint, this item was considered in the Regular
Session under Miscellaneous Matters from the City Manager.
4. The Council received an update on the Empowerment Zone,
Enterprise Community strategic planning effort, discussed the
process and gave staff direction.
Due to a time constraint, this item was considered in the Regular
Session under Miscellaneous Matters from the City Manager.
5. The Council received a report and held a discussion regarding
procedures at the City of Denton Animal Control facility.
Due to a time constraint, this item was considered during the
Regular Session under Miscellaneous Matters from he City Manger.
The Council convened into the Regular Meeting on Tuesday, May 3,
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
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
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2. The Council considered approval of the minutes of the Special
Call Session of March 29, 1994 and the Regular Session of April 5,
1994.
Perry motioned, Smith seconded to approve the minutes. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Mayor Castleberry presented the following proclamations:
National Preservation Week
Arson Awareness Week
Drinking Water Week in.Denton
Mayor Castleberry stated that the City would be receiving an award
for the "Best Tasting Water Contest".
Peggy DeFour, President of North Texas Chapter of Laboratory
Analysts, presented the City with the award.
3. The Council received a citizen report from Mike Alexander
regarding the overpopulation of animals.
Mr. Alexander stated that he wanted to make a greater awareness
that pet owners had to have responsible behavior regarding the
overpopulation of animals. He suggested some type of legislation
regulating the breeding of animals that would include specific
goals for numbers, data collection and evaluation. Pet
overpopulation effected all and he suggested that there be no
breeding without a license. Such a breeding ordinance would
decrease the number of unwanted animals in the City and in the
County. He asked the Council to regulate breeding by requiring a
license.
4. Citizen Request
A. The Council considered approval of a resolution requested
by the Owsley Coalition to temporarily close Charlotte Street
between Avenue H and Bonnie Brae Street on Friday, May 20, 1994.
Joseph Portugal, Assistant to the City Manager, stated that this
request was from the Owsley Coalition for an annual block party.
This was the fourth year for the event and a number of United Way
organizations were participants. Police officers would allow
residents to cross the barricades if necessary.
The following resolution was considered:
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NO. R94-014
A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN
AVENUE H AND BONNIE BRAE STREET ON FRIDAY, MAY 20, 1994, AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock 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.
5. The Council received an award from the Texas Water Utilities
Association for the City of Denton Water Production Division
winning the "Best Tasting Water Contest".
This item was considered earlier in the meeting.
6. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning 1.068 acres from SF7 to Planned
Development and considered a detailed plan for Zeta Tau Alpha to
locate a sorority house at the northwest corner of Avenue A and
Underwood Street. (The Planning and Zoning Commission recommended
approval, 6-0.) Z94-002
Frank Robbins, Executive Director for Planning and Development,
stated that this was a recommendation to approve rezoning of a
detailed plan in a planned development district. Originally there
was a concern regarding the preservation of large trees on the
site. sixty-five percent of the protected trees would remain on
the site and there was a significant bufferyard between the
property and the adjoining property. Staff also had concerns
regarding the project and the neighbors. Neighborhood meetings
were held and the neighbors did not seem to object to the proposal.
The Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Robert Cunningham stated that the lots which fronted on Avenue A
were not suitable for single family usage and this would be a good
use of the property. He also felt the proposal would be a good
buffer between the current single family homes and the commercial
property near the highway. He felt that the proposal had met all
the requirements which the City had requested.
No one spoke in opposition.
The Mayor closed the public hearing.
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Mayor Castleberry stated that the ordinance did not specify a
particular species of plants to be used but the plants had to
conform with the ordinance.
Robbins replied that if Council adopted the site plan, the
developer would have to use the specific list of plants included
with the site plan.
Mayor Castleberry stated that the ordinance did not specifically
give plant names.
Robbins replied that there was a suggested plant list in the
landscape ordinance.
Mayor Castleberry stated that he had been questioned that staff
might be dictating what plants had to be used. As long as the
ordinance was followed, specific plants would not have to be used
but ones which conformed to the ordinance.
Robbins replied correct.
Council Member Brock stated that there were some concerns regarding
traffic problems on Avenue A. Since the street had been widened
and improved, there were no significant traffic problems in that
area. The residents of the sorority would not present a
significant traffic problem. She felt this proposal would be an
excellent upgrade to the neighborhood.
The following ordinance was considered:
NO. 94-075
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM ONE-FAMILY (SF-7) TO PLANNED DEVELOPMENT (PD)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.068
ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENUE A AND
UNDERWOOD STREET; PROVIDING FOR THE APPROVAL OF A DETAIL PLAN;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance rezonlng from PD87 and SF10 to Planned Development,
approved variances to Subdivision and Land Development and Signs
and Advertising Devices Chapters of the City Code and approved a
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detailed plan for 43.792 acres located on Lillian Miller Parkway
south of Southridge Shopping Center. (The Planning and Zoning
Commission recommended approval, 6-0.) Z94-004
Frank Robbins, Executive Director for Planning and Development,
stated that this proposal contained three items. There would be a
rezoning of approximately 26 acres from SF-7 to PD, approving a
detailed plan, and two variances to the subdivision regulations.
If the variances were not approved, the preliminary plat on the
Consent Agenda should not be considered. This was a down zoning
and a decrease of intensity allocation. One variance dealt with
the curvature of streets through intersections. The proposed
intersection would have adequate sight distances and there would be
no visibility problem. The detailed plan would approve the
landscaping of the cul de-sacs and the landscaping and wall on
Lillian Miller. The cul-de-sacs and wall would be in private hands
and covered in the deed restrictions. A homeowners association
would be responsible for the private facilities. There was also a
request for a deviation to the sign ordinance related to the number
of ground signs on the property. Two ground signs were proposed as
opposed to one which was allowed by ordinance. There were no
building footprints on the planned development but the building
envelopes were stated on the plan. No lot would be smaller than
9,000 square feet. Most of the frontages would have a 20' setback
from the street and some side yards would have 15' setbacks.
Neighborhood participation was good with no opposition noted. The
Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Don Allen, TrendMaker Homes, stated that they were requesting
approval of the proposal. Current zoning would allow much more
units than they were requesting. Under the current zoning there
would be straight development. They wanted to create something
different with the area and would have some pockets of green space
throughout the development. Entry signs would be built into brick
or stone entry features with landscaping around the signs. There
would be a wood fence along the remainder of Lillian Miller. They
had worked in great length with staff to meet all regulations and
felt that the proposal would be a good addition to the City.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Smith stated that 187 units would have been possible
under the current zoning but that that had been reduced to 136
units.
Robbins replied correct.
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Council Member Miller asked for the price range of the homes in the
proposal.
Allen replied that they would be approximately $150,000-$190,000.
Council Member Brock asked if the small park would be kept up by
the homeowners association.
Allen replied correct.
Council Member Perry asked about the drainage to the south.
Robbins replied that that would be addressed in the final plat
process. The regulations required that before development occurred
permission for the change in the drainage patterns, in terms of
velocity and quantity, would have to be given from the property
owners to the south.
Council Member Perry asked if that been done.
Robbins replied that it would have to be done before approval of
the final plat.
Council Member Miller stated that the recommendation was with the
deed restrictions.
Robbins replied that the ordinance required such deed restrictions.
The following ordinance was considered:
NO. 94-076
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT DISTRICT NO. 87AND ONE-FAMILY
(SF-10) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 43.792 ACRES OF LAND
LOCATED ON LILLIANMILLER PARKWAY SOUTH OF SOUTHRIDGE SHOPPING
CENTER; PROVIDING FOR THE APPROVAL OF A DETAIL PLAN WITH
VARIANCES FOR THE DISTRICT; PROVIDING 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.
C. The Council held a public hearing and considered adoption
of an ordinance amending Specific Use Permit 6 to allow the
addition of approximately 4800 square feet to the Denton Nursing
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Center located at 2229 N. Carroll Blvd. (The Planning and Zoning
Commission recommended approval, 6-0.) Z94-005
Frank Robbins, Executive Director for Planning and Development,
stated that the proposal was to amend the specific use permit to
expand the existing facility. All criteria had been met and the
Planning and Zoning Commission recommended approval.
The Mayor opened the public hearing.
Tom Irlbeck stated that the facility would add a chapel for the
residents and a family room for visitation plus some office space.
There was a need for physical therapy, speech therapy, etc. and
this would allow for such programs.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 94-077
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC
USE PERMIT TO ALLOW FOR THE EXPANSION OF THE DENTON NURSING
CENTER LOCATED AT 2229 NORTH CARROLL BOULEVARD; 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.
Perry 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.
D. The Council held a public hearing with regard to the
prophosed annexation and zoning of 79.69 acres located along FM2164
and extending approximately 3482 feet north of Bobcat Road. A-65
Harry Persuad, Senior Planner, stated that the proposed annexation
was for 79.69 acres north of FM2164. Two public hearings must be
held for this annexation. The second public hearing would be held
on May 17.
The Mayor opened the public hearing.
No one spoke in favor.
Gloria Delaney stated that she was concerned that the property was
farm land and her property would be next to be annexed. She
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wondered if her property would be next and what was-the City's
future annexation plans.
Robbins replied that there were no plans at this time for any other
annexation other than what was proposed.
Delaney asked if there were other options available in order to
extend the City's ETJ.
Mayor Castleberry stated that there were plans for annexations to
extend the City's ETJ to Lake Ray Roberts to protect lake rights.
Robbins replied that there might be other options to extend the
City's ETJ but they were not for consideration at this meeting.
Council Member Miller stated that this pubic hearing only dealt
with this section of ETJ. At the last Council meeting he had
expressed a concern for further annexation. Staff was directed to
look at further options. He asked if this would affect this area
or was it in another direction.
Robbins replied that staff at this time did not have any options
for Council and had not sorted out any future options.
The Mayor closed the public hearing.
No action was needed on this item at this time.
E. The Council held a public hearing and considered adoption
of an ordinance amending Article II entitled "Board of Adjustments"
of Chapter 35 of the Code of Ordinances relating to "Zoning" by
repealing Sections 35-41 through 35-46 and adopting new Sections
35-41 through 35-54 providing for the organization, jurisdiction
and rules of procedure for the Zoning Board of Adjustment;
providing an appeal procedure; providing for the amortization,
termination, discontinuation and restoration of nonconforming uses
and structures; providing for variances and special exemptions; and
providing for judicial review of board decisions.
Frank Robbins, Executive Director for Planning and Development,
stated that the Council had reviewed this item in work session
several meetings ago and this was an amendment to streamline the
ordinance. It would add factors for the termination of
nonconforming uses and allow the City to initiate the termination
of a nonconforming case. It added variance criteria in accordance
with state law and set a 6 month time limit to act on a variance
and a 6 month time period for an appeal for a denied variance or
special exception. The proposal would enable the Board to grant a
special exception for a nonconforming use. This was the first part
of the zoning ordinance presented by the Zoning Ordinance Task
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Force.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Miller asked if the clarification requested by
Council regarding limited special exceptions had been incorporated
into this proposal.
Robbins replied correct.
Council Member Brock suggested highlighting new wording when
looking at future ordinances so Council would know what was being
changed.
The following ordinance was considered:
NO. 94-078
AN ORDINANCE AMENDING ARTICLE II ENTITLED "BOARD OF
ADJUSTMENT" OF CHAPTER 35 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, RELATING TO "ZONING" BY REPEALING
SECTION 35-41 THROUGH 35-46 AND ADOPTING NEW SECTION 35-41
THROUGH 35-55 PROVIDING FOR THE ORGANIZATION, JURISDICTION AND
RULES OF PROCEDURE FOR THE ZONING BOARD OF ADJUSTMENT;
PROVIDINGANAPPEAL PROCEDURE; PROVIDING FOR THE AMORTIZATION,
TERMINATION, DISCONTINUATION AND RESTORATION OF NONCONFORMING
USES AND STRUCTURES; PROVIDING FOR VARIANCES AND SPECIAL
EXCEPTIONS; PROVIDING FOR JUDICIAL REVIEW OF BOARD DECISIONS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM
PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN
EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. 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.
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A. Bids and Purchase Orders:
2.
3.
4.
5.
6e
Bid #1619 - File Storage System
Bid #1609 - Windrow Composting Machine
Bid #1621 - Electric Distribution Cable #2 and #4/0
Bid ~1624 - Street Maintenance Equipment Rental
Change Order #2 - Oscar Renda Contracting -
University Drive Sewer
P.O. #44525 - Federal Energy Regulatory Commission
B. Plats and Replats
Preliminary plat for Lots 1-72, Block 1; Lots 1-20,
Block 2 and Lots 1-17, Block 3 of a 43.792 acre
tract located on Lillian Miller Parkway south of
Southridge Shopping Center. (The Planning and
Zoning Commission recommended approval, 6-0).
C. Tax Refunds
1. Edith G. Hern/AmWest Savings Association - $559.39
8. Ordinances
The Council considered the Consent Agenda ordinances.
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 #1619, 7.A.2. - Bid
#1609, 7.A.3. - Bid #1621)
The.following ordinance was considered:
NO. 94-079
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.4. - Bid #1624)
The following ordinance was considered:
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Page 15
NO. 94-080
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
authorizing the execution of a change order to a contract between
the City of Denton and Oscar Renda Contracting; and providing for
an increase in the contract price. (7.A.5. - Change Order #2)
The following ordinance was considered:
NO. 94-081
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A
CONTRACT BETWEEN THE CITY OF DENTON AND OSCAR RENDA
CONTRACTING; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE;
AND PROVIDING AN EFFECTIVE DATE.
D. The Council considered adoption of an ordinance
authorizing the expenditure of funds for the purpose of payment by
the city for fees for the payment of taxes or application or
licenses or renewal of licenses required by the State of Texas or
the united States of America or any agency thereof. (7.A.6. - P.O.
~44525)
The following ordinance was considered:
NO. 94-082
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR FEES FOR THE PAYMENT OF TAXES OR APPLICATION OR LICENSES
OR RENEWAL OF LICENSES REQUIRED BY THE STATE OF TEXAS OR THE
UNITED STATES OF AMERICA OR ANY AGENCY THEREOF; AND PROVIDING
AN EFFECTIVE DATE.
smith motioned, Perry seconded to adopt ordinances A-D. 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
prohibiting the parking of vehicles on the east side of Bryan
Street, from its intersection with Oak Street to its intersection
with Scripture Street. (The Traffic Safety Co~mission recommended
approval.)
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Page 16
Jerry Clark, City Engineer, stated that this was a no parking
request on Bryan Street. No parking signs were on the site when it
was discovered that there was no ordinance supporting no parking in
the area. This ordinance would correct that problem. All of the
residents in the area were in favor of the request.
The following ordinance was considered:
NO. 94-083
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE
PARKING OF VEHICLES ON THE EAST SIDE OF BRYAN STREET, FROM ITS
INTERSECTION WITH OAK STREET TO ~TS INTERSECTION WITH
SCRIPTURE STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
voter 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 amending
portions of Chapter 18, Article II, Division 2 of the Code of
Ordinances relating to trucks and truck routes; 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 hereof.
Jerry Clark, City Engineer, stated that Council had considered this
ordinance at an earlier meeting. This amendment would provide a
clearer definition f~r an overweight load and staff was
recommending approval.
The following ordinance was considered:
NO. 94-084
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 18, ARTICLE II, DIVISION 2 OF THE CODE OF
ORDINANCES RELATING TO TRUCKS AND TRUCK ROUTES; PROVIDING FOR
A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY PROVISIONS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Brock seconded to adopt the ordinance. On ~011
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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Page 17
G. The Council considered adoption of an ordinance
authorizing the City Manager to execute all documents and
agreements, as required, to obtain funding for the Summer Food
Service Program ....
Janet Simpson, Superintendent of Leisure Services, stated%hat this
was the third year for this program. An additional site would be
added this year and the DISD would prepare the lunches for the
sites.
The following ordinance was considered:
NO. 94-085
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS
REQUIRED, TO OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE
PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER
THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered adoption of an ordinance approving
and authorizing the city Manager to execute a compromise settlement
release of all claims in the matter of Noel Wood.
Debra Drayovitch, City Attorney, recommended Council approve the
ordinance in accordance with previous Council direction.
The following ordinance was considered:
NO. 94-086
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE
SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF NOEL WOOD;
APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN
EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberr¥ "aye". Motion carried
unanimously.
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Page 18
9. Resolutions
A. The Council considered approval of a resolution approving
a bond resolution by the Denton Health Facilities Development
Corporation providing for the issuance of health facilities
refunding revenue bonds for the Evangelical Lutheran Good Samaritan
Society.
Kathy DuBose, Acting Executive Director for Finance, stated that
this resolution would approve the bond resolution by the Denton
Health Facilities Development Corporation and provide for the
issuance of health facility refunding revenue bonds for the
Evangelical Lutheran Good Samaritan Society. This would not
obligate any city funds and would allow refunding of previously
issued bonds.
The following resolution was considered:
NO. R94-015
RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH
FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE
OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE
EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY.
Cott 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 a resolution
authorizing the Mayor to act on the City's behalf in casting a
ballot in the election to amend the bylaws of the National League
of cities.
City Manager Harrell stated that Council had received a memorandum
from the National League of Cities regarding recommended changes in
the bylaws for the organization. This resolution would authorize
the Mayor to cast the City's vote on the proposed amendments.
These amendments seemed routine and housekeeping in nature.
The following resolution was considered:
NO. R94-016
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO ACT ON THE CITY'S BEHALF IN CASTING A BALLOT IN THE
ELECTION TO AMEND THE BYLAWS OF THE NATIONAL LEAGUE OF CITIES;
AND DECLARING AN EFFECTIVE DATE.
City of Denton city Council Minutes
May 3, 1994
Page 19
Miller motioned, smith seconded to'authorize the Mayor to vote yes
on amendments A, B, C, D, and E.
city'Attorney Drayovitch stated that the resolution did not specify
a direction the Council wished the Mayor to vote. She recommended
that the resolution be amended to provide that the Mayor would be
authorized to act on the City's behalf in casting a ballot
affirmative on all propositions.
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 approving
an interlocal ambulance agreement between the City of Denton and
Denton County for ambulance services.
City Manager Harrell stated that this was a routine matter of an
annual contract for providing ambulance service in unincorporated
portion~ of Denton County. These funds had been budgeted during
the budget process.
The following, resolution was considered:
NO. R94-017
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Miller 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.
10. The Council considered nominations and/or appointments to the
Traffic Safety Commission, the Board of Adjustment and the Keep
Denton Beautiful Board.
Mayor Castleberry stated that Council Member Perry had nominated
Jane Powell to the Keep Denton Beautiful Board at the last meeting.
On roll vote of that nomination, Brock "aye", Cott, "aye", Miller
"aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Council Member Brock indicated that she did not have a nomination
for the Traffic Safety Commission at this time.
Council Member Miller indicated that he did not have a nomination
to the Board of Adjustment at this time. He asked if an alternate
City of Denton City Council Minutes
May 3, 1994
Page 20
should move to a regular position when there was a vacant regular
position.
Mayor Castleberry stated that normally if there were a vacancy in
a permanent position, the alternate was asked to fill that
permanent position. He assumed that whoever had that alternate
position would then have to fill that position.
Mayor Pro Tem Smith stated that there was not a definite rule that
an alternate had to move to a regular position. The alternate
might not want to go into that position.
After discussion, consens6s of the Council was to appoint the
alternate to the permanent position, if the individual so desired,
which would open the alternate position.
11. Vision Update
Council Member Miller stated that~there had been a cabinet meeting
earlier in the day and the Cabinet received a report from the
impact groups. He invited all to go to the Vision Room and see the
change in the room and the direction the project was moving. Joe
Lanford would be in Denton to meet with the impact groups and with
the Cabinet on June 5 and June 6. He would be asked for
suggestions on how to proceed with the project.
Mayor Pro Tem Smith stated that the Vision Room was open for
visitors Monday-Friday from 10:00 a.m. - 2:00 p.m.
12. Miscellaneous matters from the City Manager.
A. The Council held a discussion and gave staff direction
regarding a timeline for board/commission appointments.
Jennifer Walters, City Secretary, reviewed the schedule with the
Council as presented in the agenda back-up materials.
After discussion, consensus of the Council was to proceed with the
schedule as presented.
B. The Human Resources Department and Information Services
moved to the Denton Municipal Complex over the weekend and did a
great job with the move.
C. Early voting closed today with
compared to 1461 cast last year.
Council returned to the Work Session items.
600 early votes cast
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City of Denton City Council Minutes
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Page 21
2. The Council received a report and held a discussion regarding
the Human Services Committee recommendations for the 1994-95 agency
funding.
Council Member Miller stated that he was concerned about the
funding level for some of the social services. There was a new
funding item for SPAN transportation. He asked how much would have
to be put back into the general fund if that were not funded to
SPAN and what would be done with those dollars. He also asked for
a further explanation for not funding TWU Cares. Last year the
justification for reduced funding was for record keeping and this
year it was suggested that the funding might not be needed. Other
areas of concern were the North Texas Community Clinic and Friends
of the Family. He did not want to second guess the recommendations
from a board or commission but was concerned about the signals
given regarding such funding.
Ross stated that staff had discussed with the Committee the number
of agencies which were funded. The funding had gone from 5 or 6
original agencies to 15 agencies. Staff had recommended that the
Committee not fund more that 16 agencies due to the time involved
for staff monitoring of the agencies. The Committee had voted to
fund 17 agencies.
Council Member Cott suggested that if the Committee wanted to work
down funding to an agency, notice should be given first and not
completely cut off funding all at one time.
Ross replied that there had been some discussion about not pulling
funding all at once and the Committee might need more direction
regarding such a procedure. Section seven of the policy stated
that funding for new agencies would be for a maximum of three
years.
Council Member Brock felt that Council needed to look at the
guidelines which had been adopted and that some policy decisions
needed to be made regarding the funding of new agencies. In the
list of programs funded, the Denton christian Preschool was
described as a daycare operation which was not the case. The
Preschool was a very intensive instructional program designed to
prepare children to succeed and survive in school.
City Manager Harrell stated that when the policy was adopted by the
Human Services Committee, the three year period was an attempt to
mirror the policy of the united Way. The United Way would not fund
an organization unless it had a track record of community service.
Four of the proposed funded programs were in the Parks and
Recreation Department. It appeared that it was an after thought of
the Committee to reduce the funding of those programs. He
suggested staff do an analysis on how of each of those programs
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City of Denton City Council Minutes
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Page 22
would be affected by the reduced funding.
Council Member Brock stated that the Enterprise Community Vision
subcommittee needed to consider many of these items. She felt that
there was a need to think about changing some policies to fit
changes. Preventative measures seemed to be less funded than a
crisis situation.
Council Member Miller felt that there was a need to resolve the
funding level for this year. Council needed to meet with the two
Boards to look at what the policies should be. Newer requests
should not be on the same level as the long term funded programs.
Mayor Pro Tem Smith stated that the committees had worked very hard
to reach their conclusions and she understood the hard decision
they had to make regarding a recommendation.
Mayor Castleberry requested a list of sources of other funding for
the agencies. He stated that there were several Speaker Cards from
individuals who wished to comment on the agenda item. The
following individuals were opposed to the recommendations: Linda
Nickum, Karen Connor, Kris Altman, Myra Clemans, Donna Clayton,
Tiffany Cannon, Jeanne Birks, Joy Hesch, and Norma Johnson.
Cheryl Sutterfield, Friends of the Family, stated that there were
problems with the guidelines and that they were very surprised that
they would not receive any funding for the next year. They had
only asked for 13% of their budget. They had spent $286,000 worth
of services on City residents during the past year. City funding
was used for matching funds.
Warren Searls stated that the Council should not send the wrong
message to citizens. He asked that the Council review procedures
so that it was the Council setting policy and not staff and/or
committees. He felt that the agencies should be advised in advance
what the regulations were so that the agencies could make good
presentations. Friends of the Family was making good progress in
the City and in the County and he asked that the Council not
penalize the agency because it was successful.
3. The Council received a report, held a discussion and gave
staff direction regarding the Design Guidelines. The Planning and
Zoning Commission recommended approval contingent upon City Council
funding the legal review of the zoning ordinance rewrite as
recom~ended by the Zoning Ordinance Task Force (6-0).
Harry ?ersuad, Senior Planner, stated that the Zoning Ordinance
Task Force was appointed by Council to rewrite the City's Zoning
Ordinance and had completed work last year. The guidelines
provided a checklist for reviewing and evaluating site plans. This
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City of Denton City Council Minutes
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Page 23
would provide a consistent frame work for the developer, city
staff, the Planning and Zoning Commission and Council to address
site planning issues and concerns. In the Planning and Zoning
Commission work sessions, it was determined that the guidelines
contained elements of the mixed use zoning district (MXD) which had
been proposed by the Zoning ordinance Task Force. The MXD
contained many zoning benefits to land owners and developers. The
Planning and Zoning Commission felt that the work of the Zoning
ordinance Task Force should be treated as aM integrated package and
not desegregated and processed in a piecemeal manner. _.
Russell Bates stated that he was a member of the Mixed Use District
Task Force. Their charge was to determine a viable option to
planned development zoning. He felt that the zoning ordinance and
the mixed use ordinance were very much intertwined. The Zoning
Ordinance Task Force recommended to not separate-the zoniDg
ordinance and the mixed use district. He felt that this was a good
proposal and was good for business and residential areas.
Council Member Miller stated that the recommendation from the
Planning and Zoning Commission was to move ahead with~ the
guidelln~s but that it be contingent on the funding of the entire
rewriting of the zoning ordinance. The Planning and Zoning
Commission had requested to not approve one without the other.
Bates replied correct that there was a need to keep their
recommendation together pending City funding.
Council Member Miller stated that the process should be done at one
time.
Bates replied correct that it was designed to be an entire paakage
and not separated.
Jim Englebrecht stated that the zoning ordinance Task Force
attempted to resolve some of the zDning problem issues. He fe~t
that the MXD provided protection for existing neighborhoods. There
was a need for a legal review of the zoning ordinance which Council
decided not to fund during the last budget year. The Planning and
Zoning Commission wanted to see the MDX go through but felt that
funding was necessary for a review of the zoning ordinance.
Council Member Cott asked how much the review wou~d cost.
Englebrecht replied approximately $20,000.
Council Member Perry asked if the proposal dealt with an overall
revision of the zoning ordinance of which the MXD was only one
segment. If this required funding, the whole matter needed to be
dealt with as a budget item in the upcoming budget discussions. He
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City of Denton City Council Minutes
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Page 24
felt that that would be necessary as funds had not been allocated
for the review.
Englebrecht stated that the recommendation did not start out with
a budget request. The recommendation came to the Planning and
Zoning Commission with regard to the design guidelines. The
Planning and Zoning Commission was concerned that this be a budget
item for a legal review.
Council Member Perry stated that he would like to consider the
proposal as a complete package and put under budget deliberations.
He did not want to act on the proposal as piecemeal but rather as
a comprehensive document.
Mayor Castleberry stated that the Planning and Zoning Commission
was requesting that the proposal be a part of the budget.
Englebrecht stated that the Planning and Zoning Commission would
like to have the funding for a legal review of MXD at this time and
not wait until budget discussions. IF the MXD were to be approved,
it would solve the guideline problems for the staff.
Mayor Castleberry stated that the Planning and Zoning Commission
would like an indication that Council would be looking at the
proposal in terms of being a part of budget and give some direction
regarding MXD.
Englebrecht replied no that the Planning and Zoning Commission was
concerned with the funding of the proposal.
Council Member Miller felt that if the proposal were put as a
budget item and approved, the MXD would be written and then go
through legal interpretation. He had a hard time regarding putting
one in and waiting to get legal approval for the rest. He supported
the idea of working on putting the proposal in the budget for next
year and not proceeding with the guidelines until all was prepared.
It should not be done piecemeal.
Council Member Brock stated that some portions of the zoning
ordinance had already been done piecemeal. If this item were put
in the budget, would the Council be giving approval to the idea of
the MXD. Would a study be done on what the MXD would be and then
Council decide to have a .legal expert decide that the City was
covered. Was funding being done too soon before knowing what the
concept was or what the program would be.
Council Member Cott asked if it would be beneficial to have the
Task Force frame a written proposal for the funding along with an
explanation of goals and objectives.
City of Denton City council Minutes
May 3, 1994
Page 25
Robbins replied that that had been done last year as part of the
budget process and Council would see that package again from the
Legal Department. There were eight major provisions in the zoning
ordinance and they were being brought to Council in a piecemeal
process. The Board of Adjustment which the Council considered
earlier.in the meeting was one of the eight provisions. MXD was
another provision.
Council Member Brock felt that there was a difference between
receiving a presentation on the proposal and studying the proposal
in terms of how it would apply. It needed to be thought of in
terms of what were the implications, how it would work, what kinds
of changes would it make in the community, etc.
Mayor Castleberry felt that the consensus of the Council was to
bring the item back to Council at a later date.
Council Member Perry agreed with Council Member Brock that Council
needed time to look at the proposal as a comprehensive whole and
needed time to study it carefully.
Council Member Chew suggested reviewing the proposal at a work
session with nothing else on the agenda.
Council Member Miller proposed that staff bring back to Council a
total rewrite of what the project would look like. The Council
would have to resolve the issue of the legal fees. He did not
support the idea of doing the guidelines now and then doing the
other portions.
Consensus of the Council was to bring the proposal along with
funding needs back to Council during a work session with no other
items on the agenda.
4. The Council received an update on the Empowerment Zone,
Enterprise Community strategic planning effort, discussed the
process and gave staff direction.
Frank Robbins, Executive Director for Planning and Development,
stated that the draft plan addressed the four principles outlined
by HUD as elements that must be addressed. The mission statement
for the project would be "For the good of the whole community,
enable people to become self sufficient so they can meet their own
needs." The plan contained a series of facts illustrating the
problems of poverty and inadequate human services; a mission
statement; a set of principles and facts representing the commonly
held beliefs of the community as represented by those interviewed
and who participated in the focus groups; a set of strategies
defined by the focus groups representing longer term goals and
principles with shorter term actions which should be undertaken to
City of Denton City Council Minutes
May 3, 1994
Page 26
achieve the mission. Staff would discuss the local government role
in the plan according to the five principles espoused in the book
Reinventing Government which included catalytic government
(steering rather than rowing); community-owned government
(empowering rather than serving); mission driven government
(transforming rule driven organizations); anticipatory government
(prevention rather than cure); and results-oriented government
(funding outcome, not inputs). The final document would be
presented to Council on May 17 for approval after a town meeting
for public input.
Council Member Cott felt that government, while it should provide
services to the citizens, did not necessarily have to be the
provider of the services. That was something which had not been
addressed. He felt it could not be said that the Vision project was
not budgeted and then put staff people on the project.
Council Member Brock stated that this project was not a spin-off on
the Vision Project but was an attempt to bring dollars to Denton as
an economic empowerment city.
Council Member Miller questioned the process and why was the City
involved in this project.
Robbins replied that there was a federal program for 65 communities
the size of Denton which would receive $3 million for social
service funding.
Consensus of the Council was to proceed with the project.
5. The Council received a report and held a discussion regarding
procedures at the City of Denton Animal Control facility.
Nonie Kull, Environmental Health Services Manager, stated that the
Denton Humane Society proposed that they be allowed to bring their
veterinarian into the facility whenever there was an injured
animal. There had never been a denial of that kind of request in
the past. Local veterinarians were used especially if the animal
had a tag. The Society expressed a concern over the practice of
holding severely injured or ill animals for the 96 hours. This was
not the practice. During the first two months of this fiscal year,
the Center sheltered 645 cats and dogs. Of those animals, 10 of
those animals were very seriously injured and 9 were put down the
same day. The other animal was held overnight because they were
able to keep it quiet in the hopes of locating an owner. When that
did not happen, the animal was put down. She was unable to discuss
the legal aspects and the liability of having a veterinarian coming
into the facility but did know that the Legal Department was
looking into the issue. Animal Control was not opposed to having
a veterinarian come to the premises. They had been invited for
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City of Denton City Council Minutes
May 3, 1994
Page 27
years and were free to come at any time. There was a local
veterinarian who volunteered his services whenever needed. The
Denton Humane Society exclusively used a veterinarian in Ponder.
She was not comfortable moving a Denton animal out of the City but
preferred to use a local veterinarian.
Council Member Perry commented on the kindness and understanding of
the Animal Control employees and their approach to their task.
Council Member Miller asked about the on-going relationship with
the veterinarians in the City and visiting the shelter.
Kull replied that there was an informal relationship with the
veterinarians. The veterinarians who assisted her did so on a
voluntary basis because she had asked for help. There was no
routine care for the animals but rather it was done on an as needed
basis. Some veterinarians provided the services free of charge,
others she had paid for herself. There was no set schedule.
Mayor Castleberry stated that he had raised the legal issues which
the Cit~ Attorney had researched. He understood that there was a
Humane Society representative who came by on a regular basis. He
asked if that impeded the work at the Center.
Kull replied that it was not a great problem and sometimes meant
that animals could be adopted which otherwise would not.
Mayor Castleberry suggested looking at establishing a procedure and
consider setting a time to look at the animals. He suggested that
the Manager develop a plan which the Council could consider. He
did not want to slow the work of the Center with too much
participation and it was important to consider any liability issue.
Consensus of the Council was to proceed with the Mayor's
suggestion.
13. The Council took the following official action on Executive
Session items discussed during the Work Session Executive Session:
Perry motioned, Chew seconded to authorize the city Attorney to
join in an amicus relationship with the City of San Antonio in
pursuing a suit that if it came to a successful conclusion would
increase greatly the punitive damages for cities. It was to the
City's interest to prevent that if possible. 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
May 3, 1994
Page 28
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller proposed to televise all future
work sessions and follow a schedule similar to the one set out at
this meeting.
Council Member Perry stated Council had agreed to take this session
and evaluate it. He felt that the Council should follow that
suggestion as he had some issues to raise over the procedure.
Council Member Miller felt that the procedure worked well and that
it should be continued.
After discussion, Brock motioned, Miller seconded that the Council
follow the same procedure for one more work session before
proceeding with a long ra~ge evaluation and that the additional
session be the next regular meeting. On roll vote: Brock "aye",
Cott, "aye", Miller "aye", Smith "aye", Chew ::nay", Perry "nay",
and Mayor Castleberry "aye". Motion carried with a 5-2 vote.
15. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned 10:45 p.m.
Y SECRETARY
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MAY~R
CITY OF DENTON, TE7 ~
ACCOO1CB