Minutes July 19, 1994386
CITY OF DENTON CITY COUNCIL MINUTES
JULY 19, 1994
The Council convened into the Executive Session on Tuesday, July
19, 1994, at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council convened into Executive Session to discuss the
following:
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Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered claim against GTE for payment of
franchise fees.
Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Considered acquisition of real property near the
Spencer Water Treatment Plant.
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, July 19,
1994 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council had a presentation and discussion of the
Hotel/Motel Tax Recipients budgets by the Denton County Historical
Foundation, the Denton County Historical Museum, the Greater Denton
Arts Council and the North Texas State Fair Association.
Leon Callahan, Vice Chairman of the Denton County Historical
Foundation, stated that the budget being presented was approved by
the Board of Directors. An audit of the previous nine months of
the budget was also presented. Callahan stated that the Denton
County Historical Foundation was attempting to get their budget
year on line with the City budget year. Currently, their fiscal
year started on January 1st. Callahan stated that the budget
fulfilled the obligation required by law for use of Lalor money.
Many historical projects within the City of Denton were ongoing and
funds were committed to projects underway at the current time. The
current Historical Foundation budget was slightly more than the
previous year's because many more people were spending the night in
Denton and quarterly funds had increased.
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Page 2
A number of historical marker applications were pending in the
city. Last year, two markers were dedicated in the city limits,
one at the historical building on the UNT campus and the other was
the old 1936 monument marker which was moved from the highway and
placed on the Courthouse-on-the-Square lawn. Immaculate Conception
Catholic Church on North Elm had received notice of approval for a
Texas historical marker which would be placed on the church lawn.
Several churches in the City of Denton were working on their
histories with the intention of applying for historical markers and
part of the Foundation's money was set aside for assisting in
paying for the markers at approximately $150 each. Lalor funds
allowed many volunteers to work toward historical preservation in
the city. Callahan stated that the Foundation was involved with
attempting to gain a grant from the Department of Transportation to
put a sprinkler alarm system in the Courthouse-on-the-Square. The
cost of the sprinkler system would not exceed $150,000, and the
Foundation had underwritten the cost of specifications at a cost
not to exceed $15,000. The Foundation was also in the process of
publishing the IOOF cemetery census book for the City of Denton
which would be used for genealogical research. The All War
Memorial fund was ongoing and presently approached $30,000 in
collections. Callahan stated that the Foundation intended to
complete the All War Memorial project in the next eighteen months.
The Foundation shared with the Historical Museum and others
cooperative advertising to promote tourism in Denton. The
Foundation had also furnished materials to libraries around the
County for children and teachers to use.
Council Member Miller questioned whether other than the restricted
support of the All War Memorial and in-kind services from the
County, the Foundation was dependent upon Lalor funds for their
operation.
Callahan stated that monies were received from other places, but
the majority of cash money did come from Lalor funds. Some cash
for education of staff was received from the County as well as in-
kind services.
Council Member Smith questioned how much in actual dollars was the
budget request increasing.
Callahan stated that last year's budget was approximately $8,800
the current year request was $10,200.
Norma Gamble, Director of the Denton County Historical Museum,
stated that the Museum relied on a number of volunteers to do
everything at the Museum. Changes in the last year at the Museum
made the entire Museum ADA accessible. The volunteers preserved
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Denton County's heritage and allowed the Museum to open at 10:30
a.m. Monday through Friday since January of 1994 and would strive
to be open at 10:30 a.m. on Saturday instead of 1:00 p.m.
Janet Harreld, Executive Director of the Greater Denton Arts
Council, 207 S. Bell, stated that the new year would be a
transitional year for the GDAC in many ways. The Campus Theater
construction provided for a lot of activity. The audit for the 94
fiscal year was scheduled to be done in August and would be
provided to the Council upon completion. The Hotel/Motel Tax was
specified almost entirely for salary and personnel expenses. The
GDAC had an exceptional year in fiscal year 94 in terms of grant
subgranting. The GDAC had allocated $29,915 to the affiliate arts
organization which was a record. That money was not allocated in
the next budget year, but GDAC would be attempting to find the
funds for the affiliated arts agencies. Harreld stated that the
Campus Theater construction was estimated to take 207 days.
Bob Powers, 109 Kings Row, Vice President of the North Texas State
Fair Association, stated that the budget was much the same as the
past except for one item. The fairgrounds was open year round with
Fair Hall used for many things. Powers stated that every year
improvements were made to the Fairgrounds. Year before last new
restrooms were built and last year new paving was done. New
bleachers were installed around the main bandstand. Powers stated
that future improvements included a roof on Fair Hall and
installation of insulation and panelling in the commercial exhibit
building to improve air flow and temperature in the building. The
improvement would also assist temperature control for events in the
winter months.
2. The Council received a report and held a discussion regarding
a review of the Denton Central Appraisal District's budget.
Joe Forsythe, Denton Central Appraisal District, presented the
budget to the Council highlighting that in the proposed 95 budget,
the office in southern part of the County would be closing on
October 1. As a result, two full time positions would be
eliminated effective January 1. Another change was in the building
maintenance area where the DCAD had contracted out janitorial
service and grounds maintenance. The proposed budget eliminated
the contract and provided for a full time employee to perform the
services. The proposal would change the number of full time
employees in the proposed budget to 47 instead of 48 as in the
current budget. Salary increa~e~ were Proposed at a merit increase
of 2 1/2 %. The DCAD would add some part time employees in some of
the departments. The net increase in the budget over last year was
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City of Denton City Council Agenda
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approximately $40;000. Forsythe called Council's attention to page
four which had a schedule which reflected an assumed inflationary
growth rate in the County. The DCAD faced a continual growth
situation of approximately 3%. The budget held the line at the
current time but Forsythe stated it would be hard to serve the
jurisdictions and the public well in the future. Forsythe stated
that there were several thousand new properties to address during
the year without an increase in budget. The DCAD had stretched
their resources and the Board worked hard to hold the line which it
felt was what the governing jurisdictions had requested.
Council Member Cott questioned the statement that growth was
somewhat out of their control as far as cost control.
Forsythe stated that he was referring to the growth of number of
accounts which DCAD had to serve without increase in personnel. He
stated that the Tax code decreed that at least every three years
they had to re-appraise everything. The State came in every year
and did a ratio study for every category of property, such as
residential, commercial,' personal property, land, etc. and if a
problem was noted, it was worked on to keep the values at market.
Council Member Cott asked if the DCAD was allowed by law to plan
beyond one year.
Forsythe stated that the DCAD could do very little to plan for the
future. Budgets were annual, based on what could be passed at that
time. The DCAD had nothing to issue debt against and had to fund
long term debt out of current operations.
Council Member Cott questioned if the DCAD could issue debt of any
kind.
Forsythe stated that Tax Code did not indicate such.
City Manager Harrell endorsed the conservative budget brought forth
by the DCAD. The amount the City of Denton would be assessed for
the support of the Appraisal District was actually lower than what
was projected. A side benefit the City received from 1/2 cent
sales tax was that the assessment the City received from the
Appraisal District was tied back to the actual tax levy being
received by the jurisdiction. As the city property tax went down,
the city's proportional share to the Appraisal District would also
go down and the City would realize a savings in the next budget
year.
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City of Denton City Council Agenda
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Page 5
3. The Council received a report regarding an early warning
system.
The item was considered later in regular meeting
The next item-was considered out of order.
4. The Council held a discussion regarding participation in the
North Texas Commission.
Betty McKean, Executive Director for Municipal Services/Economic
Development, stated the original focus of the North Texas
Commission was to promote the Dallas/Fort Worth International
Airport. Over the last 10 to 15 years, the NTC had evolved to
include several other critical area issues. The NTC dealt with
major national and international marketing campaigns and sponsored
international marketing exhibitions. Over the last few years, the
NTC had become a regional Chamber of Commerce and formed a linkage
between Dallas/Fort Worth and Denton. Denton benefited because of
Denton's involvement and the imaging in marketing materials the NTC
prepared. McKean stated that the City, Chamber or a combination
thereof, had been members since 1977 and the City currently paid
dues out of the Utility Department Economic Development fund.
McKean stated that Denton's participation had been very successful
and Denton received a lot of return on the investment in the NTC in
the form of access to the technical data bases and technical
support from the NTC staff. She stated it was critical for Denton
to be involved in an organization whose objective was the
furtherance of regional cohesion and unity. The background
materials provided a history of previous discussions. The NTC
membership was made up of not only cities, universities, but also
private sector businesses.
Council Member Cott stated that he agreed that Denton should be a
member of NTC. However, he suggested the City should be cognizant
of what the City was looking for and what other members were
looking for. Cott stated that competition was not going to be
friendly no matter what the history had been.
Council Member Brock stated that Denton should be a member of the
North Texas Commission and could not afford to be the only city not
a member of the organization. In terms of economic development,
the City got much more than was put in because the best economic
development advisors stated that cities must first promote the
region and then promote the entity within that region. The NTC
provided a broader outlook with a more sophisticated and complex
approach to economic development of which Denton needed to be part.
~ity of Denton City Council Agenda
July 19, 1994
Page 6
391
Council Member Miller stated it was imperative that Denton belong
to the North Texas Commission because through the organization
Denton was marketed nationwide and internationally which would be
difficult to do alone. The NTC was assisting in marketing the
empty building in north Denton nationally.
City Manager Harrell stated that a good illustration of the role of
the North Texas Commission was the case of Matsushita when Denton
went toe-to-toe with City of Fort Worth. The NTC was the lead
agency in getting Matsushita to focus on the Dallas/Fort Worth
area. Once the NTC had performed that role, they brought cities
together and let the cities make presentations to Matsushita for
their project.
The Council convened into the Regular Meeting of the City of Denton
City Council on Tuesday, July 19, 1994 at 7:00 p.m. in the Council
Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
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 Work
Session of June 14, 1994.
Miller motioned, Smith seconded to approve the minutes. The Mayor
stated that a correction was needed on page 10 of the minutes of
June 14 which stated that the Mayor had nominated Mr. Harpool for
the TMPA reappointment. Council Member Miller had made the
nomination. Miller amended his motion, Smith seconded to approve
the minutes as corrected. On roll vote, Brock "aye", Cott "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
3. Presentation of the Keep Texas Beautiful Annual Awards and the
Yard of the Month Awards.
Mr. Bill Watson, Chairman of Keep Denton Beautiful, presented two
awards to representatives of the Denton High Ecology Club; the
1994 Ruth Jackson Youth Leadership Award and the 1994 Ruth Jackson
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Page 7
Sustained Excellence award which made the Ecology Club the overall
winner for the entire state.
Mr. Watson presented the Mayor with the Keep Texas Beautiful Proud
Community Award and the Keep Texas Beautiful Sustained Excellence
Award.
The Mayor presented the July Keep Denton Beautiful Yard of the
Month Awards to Don Gray, 1021 Carroll Boulevard; Mr. & Mrs.
Delbert Gray, 1025 Carroll Boulevard; Ridgecrest Apartments, 1300
Dallas Drive; Crown Cleaners, 1105 E. University Drive; David
Nichols, 1400 Egan Street; and Mary Trapp, 704 Lafayette.
4. Citizen Reports
A. The Council received a citizen report from Dalton
Gregory, President of the Board of Directors for Science Land of
Denton, regarding revenue collected by the City of Denton through
the hotel/motel occupancy tax.
Dalton Gregory, 2408 Emerson, President of the Board of Directors
of Science Land of Denton, stated that he was asking the City for
financial support for Science Land from the hotel/motel tax money.
The science museum was organized in the Summer of 1992 to provide
a quality, interactive discovery museum for the community. The
committee developed bylaws, articles of incorporation, and obtained
a charter from the Texas Secretary of State as Denton's Children's
Museum, Inc. In November of 1992, only six months after it was
organized, Science Land opened its doors at the Golden Triangle
Mall. The title of Science Land was used because the first
director planned and created a number of exhibits based on physical
science. Since it is more than just a science museum, the name was
altered to be more descriptive and was registered with the
Secretary of State as Science Land Den~on's Discovery Museum.
During the first full fiscal year, the budget of $35,000 was raised
through attendance fees, fundraisers, donations, and the sale of
merchandise. Survival of Science Land has relied on the many
volunteers with the manager as the only full time employee. The
museum had experienced regular growth during the 24 months of
operation. In June of 1994, the museum experienced a 72% increase
in attendance from June of 1993. The museum had received a Venture
Grant from the Denton County United Way to do an educational
outreach program in two of the Denton elementary schools serving
children of low income families. Despite the success of the
museum, Gregory stated they were in need of additional funds for
three main reasons: 1) the Manager was no longer able to work full
time on a part time salary; 2) Corporate headquarters of the Golden
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Page 8
Triangle Mall had asked that the museum cover utility costs; and 3)
money was needed for additional staff time for marketing and
preparing grant proposals. The museum had been waiting for the
city to develop its new application process for the hotel/motel tax
money, but the situation had become more critical. Gregory stated
that the Board felt Denton's Discovery Museum qualified for the
funds because they generated tourist traffic to the city.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning 5.5638 acres from a commercial (C)
district to the multi-family - (MF-1) district. The Prairie Hollow
Apartment site was located directly north of Prairie Street and
east of Interstate 35. Z-94-014 (The Planning and Zoning
Commission recommended approval 6-0).
Frank Robbins, Executive Director of Planning, stated that this was
a downsizing from the existing use from a commercial district to a
MF-1 and said that apartments existed at the location now. The
apartments were built in the commercial district when the City
eliminated cumulative zoning in 1989. That meant the apartments
were a nonconforming use in a C district. For financial reasons,
the apartments had been down zoning to the multi-family district to
become a conforming use. The apartment was in a moderate activity
area, met all policies of Denton Development Plan, and the Planning
and Zoning Commission had unanimously recommended approval.
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 -120
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM COMMERCIAL (C) TO MULTI-FAMILY ONE (MF-1) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 5.5638 ACRE
TRACT OF LAND LOCATED ON THE NORTH SIDE OF PRAIRIE STREET,
EAST OF INTERSTATE HIGH-WAY 35; 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 Agenda
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Page 9
Brock 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.
Council Member Cott left the meeting.
B. The Council held a public hearing and considered
variances to Section 34-114(9) and Appendix A-1 pertaining to the
maximum grades at street intersections and on local/residential
streets for Southridge Estates, Phase I. This 20.034 acre site was
located on Lillian Miller Parkway at Southridge Drive. (The
Planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Executive Director for Planning, stated that this
was a request for a variance in a subdivision in which a
preliminary plat had been approved but which final plat had not
been approved. Variances to the street grades had come up during
the construction plan phase of the subdivision. One variance had
to do with the subdivision regulation requirement that there be no
greater than a 2% grade at an intersection. The second variance
had to do with 7% slope in any part of the street. The variance
was for a 9% grade rather than the 7% grade. The applicant
proposed that rather than a 60 foot 2% grade, a 30 foot distance at
2% grade. There were three criteria that must be found before a
variance could be granted. The first and third criteria were that
the variance must not violate a policy of the Denton Development
Plan and the variance must not be created by some act of the owner.
The second criteria was that there was some unique condition
associated with the property that would provide some basis for the
variance and that there would be a hardship. In the case being
considered the streets were at a variance with the grade, the slope
of the actual ground was 12% and were fairly heavily wooded. If
the street grade standards were met, t~e developer would be
required to use a great deal of fill and a number of trees would be
lost. The location of the intersection at Southridge was somewhat
fixed and would be hard to work through by the applicant in any
other way because there was another existing intersection platted
in a development across Lillian Miller. Within a couple of years
the intersection at Southridge and Lillian Miller would be
signalized. Subdivision regulations had a street separation
standard of 400 feet. Given other intersections along Lillian
Miller and given two ways in and out of the subdivision should be
provided, it was almost impossible to get 400 foot separation on
Lillian Miller within the subdivision. The Planning and Zoning
Commission found because of the fixed nature of one intersection,
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City of Denton City Council Agenda
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Page 10
the fact that a number of trees would be lost and a number of other
safety standards, recommended approval unanimously.
The Mayor opened the public Hearing.
Don Allen, 5757 Alpha Road, Dallas, Trendmaker Homes, represented
the owner and developer of the property which would continue to
develop to the east. The developer and owner were constrained in
their development of the site by having to match existing
intersection locations at Southridge Drive and the southern
location of the other street which was all ready set by the plat of
the development across the street. They could not locate the
streets in other locations and still achieve distances required
along Lillian Miller plus other locations were not advisable
because intersection locations were over the crests of hills. The
existing site had some very steep and severe topography meaning it
was much deeper than allowable street grades but it also made it
very beautiful and added a lot of character. Allen stated that the
developer and owner had worked with staff to strike a balance
between something that would meet the street grade requirements but
wanted to achieve something that was a safe, reasonable requirement
for the topography. Allen requested that Council approve their
request for the variance.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Brock asked if the subdivision regulations which
required a certain angle were primarily to deal with problems of
sight.
Robbins stated that the regulations were two fold. One was sight
distance to allow motorist to be able to see down the street. Some
streets were not stop or yield streets, motorists would need to be
able to see down the streets which had to do with the 60 foot 2%
grade. The other 7% grade as well as the 2% grade had to do with
bad weather situations, particularly when icy, to allow enough
stopping distance.
Brock asked if it was Mr. Robbins' opinion that the variance would
not create any additional hazard relating to those conditions.
Robbins stated that there was some additional hazard created, but
having looked at the situation in some detail and applied a number
of other standards with the unique conditions, the variance would
not create an unsafe condition but he would not say it was 'as safe
as' because it was a little steeper grade.
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City of Denton City Council Agenda
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Council Member Smith asked how far into the future was a traffic
light at Lillian Miller and Southridge.
Robbins stated within two years.
Smith stated the Southridge and Lillian Miller was a dangerous
corner as is. She asked for an example in the city of a 9% grade
perhaps at Nottingham and University.
Robbins stated that University and Nottingham was more like 13% or
14%. Locksley and Emerson was steeper than 9%. One that was about
9% was the grade that was leading into a subdivision across from
Colorado Courts apartments. The main entrance was about a 9%
grade.
Council Member Perry questioned if altering the grade would alter
drainage pattern.
Robbins answered no.
Perry stated that it was very pleasant to have something going on
that saved trees not only because they were beautiful but because
they did a lot of other things. He stated that the more trees that
could be preserved the better the city would look.
Council Member Miller stated he was pleased to live in a part of
Texas where grades were an issue.
Brock stated that University Drive and Redwood intersection would
probably be eliminated according to the preliminary plans for the
widening of U.S. 380 because it was dangerous.
Smith questioned what kind of time frame was talked about for the
completion of the housing and people moving in.
Mr. Allen stated that construction of houses was hoped to begin in
the Fall with completion of the first houses in late winter and
early spring with people starting to move in March or April of next
year.
Smith requested that perhaps the houses could be coordinated with
the traffic light installation and that project could be moved
along.
Perry motioned, Brock seconded to grant the variances. On roll
vote, Brock "aye", Cott "abstained", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor.Castleberry "aye". Motion
carried on a vote of 6 for and 1 abstention.
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City of Denton City Council Agenda
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Page 12
Council Member Cott rejoined the meeting.
C. The Council held a public hearing and considered adoption
of an ordinance annexing and temporarily zoning a tract of 79.69
acres located along FM 2164 and extending approximately 3,482 feet
north of Bobcat Road. A-65 (The Planning and Zoning Commission
recommended approval 6-0.)
Frank Robbins, Executive Director for Planning, stated that this
was the sixth time the item had been scheduled at a public meeting
for consideration. Final action required six votes of the Council
for annexation. The item had an offset for the previous annexation
to avoid annexing any structures. There were no structures with
the annexation.
The Mayor opened public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 94-121
AN ORDINANCE OF THE CITY OF DENTON, TEXAS A_NNEXING 79.69 ACRES
OF LAND LOCATED ALONG FM 2164 AND EXTENDING APPROXIMATELY
3,482 FEET NORTH OF BOBCAT ROAD AND INCLUDING 450 FEET ON THE
WEST SIDE AND 550 FEET ON THE EAST SIDE OF FM 2164; APPROVING
A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING A TEMPORARY
AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED
PROPERTY; PROVIDING FOR A PENALTY IN T~E MAXIMUM AMOUNT OF
$2,000 FOR VIOLATIONS T~EREOF; 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 Castleberry "aye". Motion carried
unanimously.
D. The Council held a public hearing and considered adoption
of an ordinance amending the regulatory line map so as to include
the area located east of FM 2164 in the vicinity of FM 2153 in
Division I of the ETJ. (The Planning and Zoning Commission
recommended approval 6-0.)
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City of Denton City Council Agenda
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Frank Robbins, Executive Director for Planning, stated that with
the last action the city would grow larger and the ETJ would also
grow larger. The ordinance under consideration amended the
subdivision regulations to apply the subdivision regulations to the
hashed areas outlining the city's ETJ.
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. 94-122
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
REGULATORY LINE MAP AS ESTABLISHED BY ORDINANCE NO. 93-033 AND
AMENDED BY ORDINANCE NO. 94-039 PURSUANT TO THE AUTHORITY OF
SECTION 34-38 OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council held a public hearing to consider a
preliminary replat of Lots 16-18 of Block C, Timber Oaks Addition,
into Lots 16R and 18R, and considered the preliminary plat of Lots
1-7 of Block A, Lots 3-34 of Block B, Lots 1-22 of Block C and Lots
1-13 of Block D of the Crown Oaks Addition. The sites, totaling
24.43 acres, were located north and east of Teasley Lane at Hobson
Lane. (The Planning and Zoning Commission recommended approval 6-
0.)
Frank Robbins, Executive Director for Planning, stated that this
was a replat of small portion of land within an entire proposed
subdivision. The area was currently platted as three lots and was
being replatted into two lots and a street. The rest of the
subdivision had not been platted and was now being platted. A
public hearing was required when any part of a subdivision was
being replatted. Some of the ~ignificant features associated with
the replat were the drainage work which would be a drainage right-
of-way rather than a drainage easement in order to ensure that a
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City of Denton City Council Agenda
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Page 14
land owner would not put an the impediment in the drainage
structure. The subdivider had indicated that he would contract
with builders in the subdivision for park land dedication. Notice
had been made with concerns raised at the Planning and ZoninH
Commission concerning drainage in the area. Staff believed that
the development had not only taken care of the drainage which would
be generated from the development but also because of the drainage
improvements would assist with some drainage problems on property
due north of the area.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The public hearing closed.
Council Member Cott stated that as a result of the Planning and
Zoning meeting the drainage problem on the northern side of the
area was addressed. The neighborhood had been meeting on that
drainage issue. He asked to what degree the decision would affect
that drainage problem.
Robbins stated that the decision would not negate what the
neighborhood wanted to do, particularly at the current juncture,
because the engineering plans had not been approved. Conceptually,
a preliminary drainage study had been done. The developer was
aware of issues associated with lots on the north of the
subdivision and had taken that into account in the preliminary
study.
Cott stated that the neighborhood folks were concerned if it were
an open or conduit drainage channel going out into Teasley.
Robbins stated that the drainage would go to the drainage ditch at
Teasley but was uncertain if it were an open or closed channel.
Brock motioned, Smith seconded approval of the preliminary replat.
On roll vote, Brock "aye" Cott "aye" Miller "aye" Smith "aye"
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
6. Consent Agenda
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City of Denton City Council Agenda
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Page 15
Perry motioned, Brock 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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Bids and Purchase Orders:
1. Bid #1650 Kings Row Water & Sewer Utility
Improvements
2. Bid #1651 - Stonegate 8" Waterline
3. PO #45953 - Darr Equipment Co.
4. RFSP #1644 - Retrospective Conversion Services
Plats and Replats
Preliminary replat of Lots 1 and 2 of Block 1,
Denton Regional Medical Center Addition, plus 12.6
acres of unplatted land into Lots iR and 2o The
48.398 acre site was located northeast of
Interstate I35-E and northwest of Mayhill Road.
(The Planning and Zoning Commission recommended
approval 6-0.)
Preliminary plat of Lots 1-10 of Block A and Lots
1-21 of Block B, Deerwood Addition, Phase III. The
12.9 acre site was located north of Kings Row and
west of Farris Road. (The Planning and Zoning
Commission recommended approval 6-0.)
7. Ordinances
The Council considered the following bid ordinances:
A. NO. 94-123
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.
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City of Denton City Council Agenda
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Page 16
B. NO. 94-124
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
C. NO. 94-125
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.
Brock motioned, Smith seconded to adopt the bid ordinances. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance rezoning
a 17.9335 acre tract located on the east side of Ruddell Street
south of the extension of East Hickory Street from single-family
dwelling (SF-7) zoning district to Light Industrial-conditioned
[LI(c)] zoning district. Z-93-013 (The Planning and Zoning
Commission recommended approval 6-0.)
Frank Robbins, Executive Director for Planning, stated that the
Planning and Zoning Commission recommended approval of the zoning
case with a condition. Since the Planning and Zoning Commission's
hearing and recommendation, the staff recommended that the
condition in the ordinance, Section 2.b., be deleted from the
ordinance. The situation being considered was not common to other
situations. Since the City was dealing with another governmental
agency of the state, the County of Denton, the City was constrained
to the degree which the city could apply development policies and
the degree which the City could constrain the use of the land owned
by the County. Because of the constraint, it would be unreasonable
to deny access to the property. Robbins stated that another
situation pointed out at the first public hearing was that the
property was owned by County and unlike other development or
developers, the County would not go away. The County was
politically sensitive and would continue to work with neighbors in
the area with respect as to how the development would impact the
neighborhood. Because the County owned the property which had
access now on McKinney and Woodrow Lane and with the one propo~d
intersection at Ruddell, the traffic impact on Ruddell could be
lessened by as much as 80% from an SF7 residential development.
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City of Denton City Council Agenda
July 19, 1994
Page 17
Ail of an SF7 development would have access on Ruddell. Therefore,
staff recommended that the ordinance be approved with the deletion
of Section 2.b., the no access provision on Ruddell.
Council Member Chew asked Mr. Robbins to explain how there would be
70-80% less traffic. He wanted to know if he was referring to now
or if the property was developed as single family units.
Robbins stated that traffic could be as much as 80% less comparing
the existing zoning to how the County might develop the property.
The uncertainty was that Council was not approving an access plan
for this sight. It was a straight zoning case except for the very
significant constraint on the use for offices and governmental
purposes. What the staff did was take scenarios of potential
development on the site with some ideas that the County had been
working with and where the County actually had access. People from
all over County would probably access County facilities from
McKinney and Woodrow but not Ruddell. If it were a single family
development or another development that did not have access to the
east, then they would all have to access from Ruddell.
Chew stated that this was a projection of 80% less traffic on
Ruddell provided that the area were developed for single family
units but did nothing for current traffic on Ruddell. He also
stated that in the back up it stated that there would be no
improvements on Ruddell or Hickory at this time. Chew questioned
what was going to be done at the intersection of Ruddell and
Hickory.
Robbins stated that he did not know.
Chew stated that two cars would have difficulty passing in the area
which was why he wanted to know what would be done. He also noted
that in the plat, Council approved a curb cut at Ruddell and
Hickory for access to the property. ~
Robbins stated that he did not know, but that was not an item being
considered. It was a given layout of a driveway access which was
not on the agenda to approve, but because it was the County and
because the County continued to be involved in the area, the City
had an opportunity to continue to work with the County so that the
intersection or whatever access would work for the citizens in the
area.
Chew asked that from July 5 up to now had their been any
negotiations or communications with the County to talk about the
access off of Ruddell.
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City of Denton City Council Agenda
July 19, 1994
Page 18
Robbins stated that after the Planning and Zoning Commission made
their recommendation, staff visited with Commissioner Hill and Mike
Jones, Public Works Director, to work through some of the
conceptual ideas they had in the area. The conceptual plans were
not on the Council's agenda, but having seen them and consistent
with other activities in the area, that every time the County said
they would do something, they had done it. Staff had looked at
some general ideas of how the property would be developed. Since
then, staff had kept the Commission informed of Council's action.
Chew stated that the item was presented as the recommendation of
the Planning and Zoning Commission when in reality it was not the
recommendation from Planning and Zoning due to the fact that the
Council was removing one of their recommendations which was no
access off of Ruddell.
Robbins stated that was correct.
Council Member Perry stated that when he read the back up from the
Planning and Zoning Commission meeting, it seemed there was
considerable discussion in opposition to the notion of access to
Ruddell mainly because of children in that area along Ruddell and
construction machinery moving along Ruddell was upsetting. He
asked if staff knew whether the County was paying attention to the
needs of these County residents.
Robbins stated that there had been communication between County
Commissioners and folks at the Phoenix apartments for years
concerning development of the property. The County was sensitive
to the issues raised by the neighborhood. The County had proposed
in submissions made to the City with their plat that half of the
property would not have access to Ruddell. The County's proposed
small maintenance facility on the southern end of the property did
not have access to Ruddell street. The County proposed a 100'
building setback which related to a concern brought forth at a
public hearing. The County had dedicated over 2.7 acres in the
flood plain as open space for a drainage easement. The County
Commissioners and their staff had continued to work together with
the City.
Commissioner Don Hill, 907 W. Hickory, stated that he wished to
apologize to the City Council for he had attended all of the
meetings on the area in question as the liaison for the
Commissioners Court to assure communication was developed and he
felt there was a communication problem with the Council. The
County had very preliminary plans for the last parcel of property
that they were rezoning near the current jail property. The County
had no concrete plan for development of that property. The County
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City of Denton City Council Agenda
July 19, 1994
Page 19
was asking basically to have the property rezoned. They were
replatting the property in two phases. The County would be
requesting a final plat on back part of the property for vehicle
maintenance facility. In rezoning part of the property, the County
thought it would be best to rezone the entire property in the
process. The vehicle maintenance facility did not require access
to Ruddell and access would be gained from McKinney and Woodrow.
The facility would not be for large equipment or large trucks but
would be used to maintain the sheriff's fleet of automobiles, the
operations fleet, and the basic administrative automobile fleet.
The rest of the property was being rezoned for future consideration
for access off of Ruddell, but the County was uncertain if they
would ever want access off Ruddell. The County did want that
access available if at some future development of property there
was a necessity. The County felt that at the current time the most
reasonable place to request the access would be at the intersection
of Hickory. As far as Commissioner Hill knew, the only use would
be for an entrance to a parking lot for a courts building or
whatever other facility was on the site. The preliminary site plan
for the property had all of the major access off of McKinney and
another off of Woodrow. No major, primary access need was planned,
but the County wanted future consideration for access off of
Ruddell. One possibility for the property might be a public health
facility which would then make access off of Ruddell desirable.
Council Member Brock stated that the City was not giving away any
secrets to say that the City had very little control over what
governmental agencies did with their property. The Council's only
hope was to keep up the kind of working relationship that had been
cultivated over the months on the particular property. By refusing
the zoning change with the last vote, the Council was in effect
saying that the property would continue to be single family 7 which
sounded very good, but in that case there were no restrictions on
what the County would do with the property. With the restrictions
stated that the property be limited to public buildings for local,
state, and federal government and professional and administrative
offices, the City was gaining some control. The City was
eliminating the possibility of having a correctional facility
across from Phoenix apartments.
The following ordinance was considered:
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City of Denton City Council Agenda
July 19, 1994
Page 20
NO. 94-126
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FORM SINGLE FAMILY-7 (SF-7) TO LIGHT INDUSTRIAL (LI-c)
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH
CONDITIONS FOR 17.9335 ACRES OF LAND LOCATED ON THE EAST SIDE
OF RUDDELL STREET AT EASY HICKORY; 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 as proposed
without the condition that was appended by the Planning and Zoning
Commission which would eliminate access at Hickory and Ruddell
(Item 2.B.). On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye".
Motion carried on a 5-2 vote.
E. The Council considered adoption of an ordinance
authorizing the Mayor to execute an interlocal agreement with the
City of Denton and the Texas Department of Transportation for
acquiring necessary right-of-way for U. S. Highway 380.
Rick Svehla, Deputy City Manager, stated that the contract was
discussed with Council at their last meeting for beginning
activities to acquire right-of-way on University Drive from Loop
288 east to Elm Street or U.S. 77. The City's 10% portion was
estimated by TxDOT to be $180,000. Staff suggested using the bond
funds which were available from the 1983 issue.
Council Member Cott questioned that as the process was started to
acquire right-of-way east and eventually west, what was the formula
the City would use on buying properties.
Svehla stated that the City would be paying for a portion of the
right-of-way. The majority of the right-of-way would be paid for
by TxDOT. Under the proposed contract, TxDOT would do all the
appraisals and have them reviewed, if there were disputes, by a
third party appraiser. TxDOT had a strenuous set of guidelines
that they went by and followed particularly because of the use of
Federal money. The final step would be to go to a condemnation
proceeding where a judge appointed a panel of three impartial
commissioners which would hear both sides and make an award to each
property owner.
Cott stated that only because of what he had seen happen with the
Corps of Engineers and the City with the Greenbelt purchases that
he would remind everyone that these were Denton citizens and
neighbors and wanted the City to stay involved in the process.
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City of Denton City Council Agenda
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Page 21
Council Manager Harrell stated that staff needed some clarification
from Council regarding that point. In the case under consideration
as with the Corps of Engineers' case, what the City had done was to
pay TXDOT 10% of the estimated right-of-way costs. All of the
other expenses for acquiring the right-of-way were met by the State
of Texas. The City was contracting with TxDOT with approval of the
ordinance to do the actual procedures required to acquire the
right-of-way as the City had done with the Corps of Engineers. By
contract, city government had no official responsibilities
contractually to get involved in the negotiations between the
Highway Department representative, the Corps representative and the
individual property owners. Presently, the City was not involved
with the process as far as one-on-one dealing nor did he think the
City should be. One person needed to take the leadership role in
securing the rights-of-way. That did not mean the City was not
involved. As Council instructed, staff would facilitate some
neighborhood meetings to make sure everyone understood what was
going on concerning the project. If Council wanted staff to get
more directly involved with the actual face-to-face negotiations
and dealing with property owners regarding land acquisitions on the
projects, staff needed to know in order to change contractual
responsibilities. Harrell requested direction from the Council.
Cott stated that the City projected a warm community. He stated
that he would like the City staff to be more directly involved with
the negotiations. Once the City sent them off to someone else,
these citizens were no longer part of the community. Cott had
listened to people who were ripped over the coals over the way the
Greenbelt was handled. They had no recourse and no one to talk to.
Svehla stated that the procedures were set by law and City would do
the same things that TxDOT would do. The approach would be the
same. The City would have to have the property appraised. By law
the City was required to make the offers. There was a set
procedure where the owner was required to answer in so many days.
Cott stated that he had no problem with the procedure but at least
the people were talking with someone they knew.
The Mayor asked if the City undertook acquisition of the right-of-
way would the normal procedures be changed.
Svehla stated that the procedures would be changed and the city
would have to go back to TxDOT in terms of how the contract would
be structured.
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City of Denton City Council Agenda
July 19, 1994
Page 22
The Mayor stated that this would be the exception rather than the
norm and the City would be getting into an area that 99% of cities
do not get into.
Svehla stated that the Mayor was correct.
Council Member Smith stated that she would be very much opposed to
the City of Denton engaging in direct contact with the property
owners to purchase the right-of-way. She thought the City staff
could talk with neighborhood and business owners and explain what
was happening thoroughly. She thought it was the City's place then
to let TxDOT do their job since it was a State highway. She stated
that the City would be ill-equipped to get into TxDOT's procedures.
Council Member Perry stated that these were time honored procedures
that the Council was talking about and the project was for the
common good of a great magnitude. He felt that the City did not
need to be involved with the acquisition details. Perry felt that
City staff would be involved enough with the citizens. He talked
of the residents on Neptune who asked the Council to try and
negotiate with TxDOT for the sound wall on Loop 288 late in the
project. Mr. Elsom of TxDOT spent hours with the citizens working
on that plan and project.
Council Member Miller stated that the State of Texas had time
honored procedures and was well equipped to do the project. Miller
stated that if the property owner was satisfied with the price he
got for his land, he would be okay. However, if the property owner
was not satisfied with price, it would make no difference who was
the entity doing the negotiating. The City had a whole lot of
other streets in the City and knowing what speeds up or slows down
of projects, the decision to have staff take on the negotiations,
would slow down project after project. Council would always be
available to talk with concerned citizens. The question was of a
practical approach for now and similar futBre projects with state
agencies.
Council Member Brock stated she was concerned about the additional
staff which would be needed. The City had for several years really
stretched staff with additional demands and because of budget
constraints had not added anyone. The right-of-way acquisition
would add a major duty upon the City staff which she did not think
the City could afford.
The following ordinance was considered:
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City of Denton City Council Agenda
July 19, 1994
Page 23
NO. 94-127
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTONAND THE TEXAS DEPARTMENT
OF TRANSPORTATION FOR ACQUIRING NECESSARY RIGHTS-OF-WAY FOR A
HIGHWAY PROJECT ON U.S. HIGHWAY 380; AUTHORIZING THE
EXPENDITURE THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried on
a 6-1 vote.
F. The Council considered adoption of an ordinance amending
the 1993-94 budget of the City of Denton by appropriating the sum
of $26,263 from the unobligated fund balance of the General Fund to
account number ; and providing for publication.
Rick Svehla, Deputy City Manager, stated that the ordinance would
allocate some of the unreserved balance to the given account
number. The appropriation was for the approved settlement
agreement for property at the airport. The action was an
unforeseen event in the budget process and additional monies were
needed to purchase property as required by Charter.
Council Member Cott asked why the City needed this piece of
property.
Svehla stated that it was part of grant offer originally made by
the FAA which included buying three tracts of land. Purchase of
two of the tracts had been completed last year. Because of the FAA
funding cycles, the City had to close that particular grant. The
property was needed before any grant could be received for the
extension of the runway.
Cott stated that the Council did not know any of the costs and had
no idea what it would cost for the land or what it would cost for
runway extensions. He questioned that if the City made the
investment, what was the City's return. He asked if the City would
sell more gasoline and if so how much. He asked what happened if
the City did not purchase the land. Cott stated that the City
should not buy any piece of property without all the information
needed to make the decision.
Svehla stated that most of the information was given to Council
last Fall. The settlement for purchase of the land was approved by
Council in March. The cost was reimbursable to the City in one of
two ways. The City would apply for a separate grant to fund 90%
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City of Denton City Council Agenda
July 19, 1994
Page 24
from the FAA or the purchase price could be part of the City's
match for the runway extension project. The cost of the extension
had been estimated to be $240,000 of which the land, approximately
$70,000 worth of engineering design by the City's consultant as
well as approximately $15,000 worth of surveying time done by City
staff as in-kind services and approximately $5,000 for time spent
by the attorney's office. Staff was projecting approximately
$140,000 of additional expense for the runway. Staff could not
project what that would mean in additional fuel tax revenues or
industries at the Airport.
Cott stated there were a lot of ways to project the numbers. The
money projected to be spent did not include any other items which
were needed and Council was unaware of the cost of the items. Cott
stated that before the Council spent any of the taxpayers money and
put people out of their homes the Council needed to consider what
they were doing.
The Mayor stated that the City would not put anyone out of their
home with the 1,000 foot extension of the runway.
Miller stated that the figures had been discussed with Council a
number of times for the last two years. Council had charged the
Airport Board to do a Master Plan which included zoning issues.
The numbers were not pulled out of the air and Council had numerous
discussions concerning the financial implication.
The following ordinance was considered:
NO. 94-128
AN ORDINANCE AMENDING THE 1993-94 BUDGET OF THE CITY OF
DENTON, TEXAS BY APPROPRIATING THE SUM OF $26,263 FROM THE
UNOBLIGATED FUND BALANCE OF THE GENERAL FUNDTO ACCOUNT NUMBER
; PROVIDING FOR PUBL}CATION; AN DECLARING AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye" Motion carried on
a 6-1 vote.
G. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to a contract with
Lone Star Gas Company and the cities of Bryan, Greenville and
Garland for the transfer of gas.
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City of Denton City Council Agenda
July 19, 1994
Page 25
Bob Nelson, Executive Director for Utilities, stated that the next
three items on agenda concerned the natural gas contract with Lone
Star Gas. The City had been in negotiations for quite some time.
The major thrust of the contract was to reduce the cost of
transportation. The City purchased gas on the open market on a bid
process to buy on the spot market and the contract provided the
transportation at a reduced cost from 23¢ per million BTU to
approximately 13¢ per million BTU. Within the contract group was
also a plant protection gas contract which allowed the City to keep
the boilers at least warm at the times when they were not running.
The Public Utilities Board recommended approval.
The following ordinance was considered:
NO. 94-129
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1
TO A CONTRACT WITH LONE STAR GAS COMPANY AND THE CITIES OF
BRYAN, GREENVILLE AND GARLAND FOR THE TRANSFER OF GAS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
FOR AN EFFECTIVE DATE.
Chew 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.
Council took a short break.
H. The Council considered adoption of an ordinance awarding
a contract between the City of Denton and Lone Star Gas Company for
the transportation of gas.
The following ordinance was considered:
NO. 94-130
AN ORDINANCE AWARDING A CONTRACT BETWEEN THE CITY OF DENTON
AND LONE STAR GAS COMPANY FOR THE TRANSPORTATION OF GAS;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye'!, Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye" Motion carried
unanimously.
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City of Denton City Council Agenda
July 19, 1994
Page 26
I. The Council considered adoption of an ordinance providing
for the purchase of gas from Lone Star Gas Company such purchase
being available from only one source in accordance with the
provisions of State law exempting such purchases from requirements
of competitive bidding.
The following ordinance was considered:
NO. 94-131
AN ORDINANCE PROVIDING FOR THE PURCHASE OF GAS FROM LONE STAR
GAS COMPANY, SUCH PURCHASE BEING AVAILABLE FROM ONLY ONE
SOURCE, IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDDING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING 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.
J. The Council considered adoption of an ordinance amending
Section 26-3 through 26-7 of the Code of Ordinances of the City of
Denton by establishing requirements for deposits for utility
services received from the City.
Harlan Jefferson, Director of Treasury Operations, stated that the
ordinance increased service to City customers and was also designed
to bring the City up to industry standards. The ordinance
addressed two areas of revision to current utility deposit
procedures. Currently, the City allowed three utility deposit
exemptions for residential customers; 1) customers with an
acceptable credit rating with the City of Denton utility system or
another utility system; 2) an applicant with a co-signer and the
co-signer also had an acceptable credit rating; and 3) an applicant
with a co-applicant who was a member from another utility system
with an acceptable credit rating. The fourth exemption proposed in
the ordinance was for an applicant who had an acceptable rating on
the Risk Model Assessment. The current ordinance provided no
exemption to deposit for commercial customers except if they had
been on the City of Denton utility system for 24 months. The
proposed ordinance proposed an exemption for deposit for commercial
customers who had an excellent credit rating demonstrated through
financial documentation. Th~ s~cond major change proposed to allow
utility customers for commercial accounts to use surety bonds and
412
City of Denton City Council Agenda
July 19, 1994
Page 27
irrevocable letters of credit in lieu of deposit. The Public
Utilities Board had reviewed and endorsed the proposed ordinance.
The following ordinance was considered:
NO. 94-132
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS
26-3 THROUGH 26-7 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS BY ESTABLISHING REQUIREMENTS FOR DEPOSITS FOR
UTILITY SERVICES RECEIVED FROM THE CITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. The Council considered nominations/appointments to City Boards
and Commissions.
Brock motioned, Chew seconded to approve nominations (see
Attachment A). On roll vote, Brock "aye", Cott "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Council Member Perry nominated Bruce Mitchell to the Data
Processing Advisory Board.
9. Vision Update
Council Member Brock reported that the Cabinet met with the Chairs
of the Impact Groups and made general~ plans which included
reactivating community outreach and publicity to improve
communication. Brock reported that the Business City Group had
three speakers scheduled to talk about various subjects including
Scott Joslove discussing the half cent economic development sales
tax, a representative of the Dallas Chamber of Commerce to discuss
development, and Mike Berry of the Perot Group to discuss
development of the Perot property around 1-35W. The Cabinet
tentatively adopted three dates in October for reporting from the
six impact groups; October 6, 13, and 20 at Ryan High School. At
the meetings Impact Groups would present recommendations to the
Cabinet and the public with an opportunity for public response. In
addition, survey forms would be available in the community to get
feedback on the ideas and the Cabinet also planned for a scientific
413
City of Denton City Council Agenda
July 19, 1994
Page 28
survey. The Cabinet would take all public input into account and
would adopt policies and set priorities accordingly. The Cabinet
planned to adopt something with an immediate priority which was
inexpensive, attainable and visible to convince community of
validity of the project. The program was currently in the last
stages of fact finding with some of impact groups further along
that others.
Council Member Cott requested when would it be appropriate for an
updated set of figures on what had been taken in and what had been
expended so far and some way of judging staff's time for
involvement in the visioning program.
City Manager Harrell stated that the cash commitment of $50,000 was
made with $25,000 from utilities and $25,000 from the general fund.
Harrell stated that he had no way to judge staff time other than to
say that staff was committing a significant amount of time. The
impact groups, except one, were staffed by senior City staff
members with secretarial support and many staff people were making
special presentations. Joseph Portugal devoted 60-70% of his time
to the project and the Manager spent a significant amount of his
time. The City was devoting a very substantial amount of staff
time to the project to make it a successful community project.
The Mayor stated that the project and staff support was discussed
and agreed the time that the City Manager and other staff spent was
appropriate.
Council Member Miller stated that many meetings were at night and
staff was spending their own time as liaisons and as participants.
Cott stated that the Council needed to stay focused.
Council Member Chew stated that Council spent considerable amount
of time discussing the project and committe~ as a Council for staff
involvement. He stated that the City was too far into the project
to revisit the commitment.
Brock mentioned that many cities engaged in visioning projects had
added extra staff members and added to their payroll. Bryan
College Station hired a full time director. For most staff
members, it had been added to their additional work and was not
aware of duties that were neglected.
Cott stated that he was not criticizing what the Council had
decided. He questioned if the Council decided staff could devote
1,000 hour per week and was the City paying overtime.
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City of Denton City Council Agenda
July 19, 1994
Page 29
10. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
The Council continued with Work Session Item #3.
3. The Council received a report regarding an early warning
system.
City Manager Harrell stated that the item was on the agenda as
requested by a Council Member and Council would be briefed
regarding the City's early warning system. Chief Cook was present,
not as Fire Chief, but as Emergency Management Coordinator.
Si Dunn, 1916 Parkside Drive, stated he was a volunteer storm
spotter who assisted the National Weather Service Skywarn Program
in north Texas. The program had been in existence for
approximately 20 years. In the Skywarn Program, the National
Weather Service trained FCC licensed amateur radio operators on how
to spot cloud formations that spawned tornadoes. When weather
threatened an area, volunteers were requested to go out in cars and
trucks and drive into approaching weather to keep meteorologists at
the National Weather Service informed of developments. The Denton
County Amateur Radio Association volunteered as storm spotters
because of a strong sense of community service. Public service and
emergency communications were also part of the national charter
regulated by the FCC. Although the spotters did the best they
could, they could not be everywhere. Dunn stated that Monday's
article in the Denton Record Chronicle clearly spelled out
advantages and disadvantages of an emergency siren system for the
City. Dunn stated that it was true that many people would panic
and jam the emergency 9-1-1 system. He stated that it was also
true that people would object to the noise, inevitable false
alarms, and placement of the sirens but would also object if the
City were hit by a tornado without any w~rning. He stated that
nature was much bigger than any city's warning system. Dunn stated
that he favored a siren system but sympathized with arguments
against such a system.
The Mayor thanked Amateur Radio Association for the tremendous job
that they did.
Miller asked Mr. Dunn if information the storm spotters passed on
to the National Weather Service then got transmitted to the major
channels in the north Texas area.
Dunn stated that the National Weather Service office in Fort Worth
meteorologists and some of the TV weather forecasters were licensed
415
City of Denton City Council Agenda
July 19, 1994
Page 30
amateur radio operators. Storm spotters talked directly to them or
volunteers at the National Weather Service.
Council Member Cott stated that there were times when folks were
outside and the siren system could warn of other problems besides
weather problems.
Brock asked if the City had data on experiences from other cities
with siren systems.
John Cook, Fire Chief and Emergency Management Coordinator, stated
the he did not have scientific valid statistics but could relate
experiences from last spring. He stated that he received a
significant number of phone calls from the public expressing
concern and many of the people who moved into the City were used to
having the siren type of system. He stated that from the
information he had from the storms in the spring from city's that
had systems that they did work and were able to direct people to
shelters. He stated that any system was only as good as human
element and the maintenance of equipment. He stated it was not
uncommon to have false alarms or to have Parts of the system
inoperable. Hurst and Lewisville emergency managers were
ambivalent in their feelings towards the system because of problems
they had.
City Manager Harrell stated that in the back up from Richard
Foster, Mr. Foster indicated that as part of cable TV franchise
agreement with Sammons was the ability to provide some override
capability so that in any disaster the City could get information
out quickly. The override capability would go in effect shortly
after the move to the DMC communication area.
Cook stated that the instructions were that the radio club was to
notify the 9-1-1 dispatcher so folks on the street would know of
the impending danger. Because 9-1-1 was staffed at all times and
in constant communication with staff and supervisors, it was the
best location to generate the warning. Cook mentioned that channel
39 provided constant radar at home which got updates from the
National Weather Service and scrolls were provided on all major
networks which helped the hearing impaired.
Miller asked if the estimated cost of installation was $480,000 for
the cadillac system.
Cook stated that was the estimated cost for installation of the
cadillac system for ideal operation. He stated that there were
some opportunities to do the warning system a little cheaper.
416
City of Denton City Council Agenda
July 19, 1994
Page 31
Harrell stated that the history of the storm warning system was
that four or five years ago there was an item in the five year
Capital Improvement Program for installation of storm warning
system. When the new franchise agreement was negotiated with
Sammons and a provision in the agreement provided override
capabilities for any emergency, Planning & Zoning went through an
exercise to examine whether to go ahead with the project and let
some other project go. The decision at that time was that the
storm warning system was of a lesser priority. The CIP was
submitted each year to Council and could be revised and amended to
consider a storm warning system.
Lloyd Harrell, City Manager, had two items for the Council. He
reminded Council of the short meeting Thursday evening scheduled at
6:30 p.m. at Visual Arts Center and the Board and Commission
Reception for swearing in of new board and commission members and
resolution of appreciation for retiring members.
Harrell also reminded Council of the CIP tour scheduled for next
Tuesday, July 26, which would leave City Hall at 4:30 p.m.
Harrell stated that he wanted to make Council aware that unless
Council instructed staff to place on the agenda for the August 2nd
meeting procedures which would allow the City Council to increase
tax rate more than 3% above the effective tax rate, an increase was
not possible. Without the action on August 2nd, Council limited
themselves to no more than a 3% increase above the effective rate,
but Council still had the flexibility of almost $350,000.
11. Official Action on Executive Session Items:
B.
C.
D.
Legal Matters
Real Estate
Personnel
Board Appointments
No official action was taken.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
Council Member Miller stated that Science Land had an emergency
funding situation and requested staff research funding
possibilities to discuss at the earliest possible time.
417
City of Denton City Council Agenda
July 19, 1994
Page 32
13.
A.
B.
C.
Executive Session:
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
There was Executive Session held during the regular session.
With no further business, the meeting adjourned at 9:50 p.m.
BOB CASTLEBERRY,
CITY OF DENTON,
BET~ W I ~Z~AMS
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
ACC001FC
418 ATTAO M NT A
BOARD/COMMISSION NOMINATIONS
1994-95
AIRPORT ADVISORY BOARD
Dist CURRENT MEMBER
NOMINATION
*7
*3
*4
*5
John Dulemba
Nancy Hundley
James Jamieson
Jim Risser
ANIMAL SHELTER ADVISORY BOARD
DIST CURRENT MEMBER
John Dulemba
Don Smith
James Jamieson
Jim Risser
NOMINATION
Joella Orr
*2 Mary McKay
BOARD OF ADJUSTMENT
DIST CURRENT MEMBER
NOMINATION
*5 Rebecca King
*2 Marcia Staff
*3 VACANT (ALT)
*4 VACANT (ALT)
BUILDING CODE BOARD
DIST CURRENT MEMBER
Rebecca King
Larry Collister
Bob Hagemann
Joe Bendzek
NOMINATION
*3 James Fykes (ALT)
*4 Bob George (ALT)
*5 Steve Kniatt
*6 Isabel Miller
*7 Greg Muirhead
James Fykes
Bryon Woods
Steve Kniatt
Mary McCain
Greg Muirhead
TERM COUNCIL
1992-94 Mayor
1992-94 Perry
1992-94 Cott
1992-94 Miller
TERM COUNCIL
1991-94 Smith
TERM COUNCIL
1992-94 Miller
1992-94 Smith
1993-95 Perry
1993-95 Cott
TERM COUNCIL
1992-94 Perry
1992-94 Cott
1992-94 Miller
1992-94 Brock
1992-94 Mayor
* - Individual nominated and approved
No * - Individual nominated but not. approved
- no nomination
419
COMMUNITY D~vELOPMENT ADVISORY COMMITTEE
DIST CURRENT MEMBER
*5 Dorothy Martinez
*6 Peggy Fox
7 Fred Hill
*3 Curtis Ramsey
*5 Rey Trejo
DAT~ PROCESSING ADVISORY BOARD
DIST CURRENT MEMBER
*2 Rosa Lawton
3 Robert W. Minnis
4 Brian Scott
DOWNTOWN ADVISORY BOARD
DIST CURRENT MEMBER
*3
*4
*5
*6
*7
Geneva Berg
BeBe Olufsen
Fred Patterson
Barbara Philips
Rahna Raney
ELECTRICAL CODE BOARD
DIST CURRENT MEMBER
*3
*4
*1
John Hardinger
David Martin
Robert Hicks
NOMINATION
Dorothy Martinez
Peggy Fox
Jean Ellen Rogers
Larry Bailey
Ann Hatch
NOMINATION
Rosa Lawton
Renae Seely
NOMINATION
Geneva Berg
Anita Creach
Joy Williams
Michael Flanagan
Rahna Raney
NOMINATION
John Hardinger
Don Fox
Robert Hicks
.TERM
1992-94
1992-94
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
COUNCIL
Miller
Brock
Mayor
Perry
Miller
COUNCIL
Smith
Perry
Cott
COUNCIL
Perry
Cott
Miller
Brock
Mayor
COUNCIL
Perry
Cott
Chew
* - Individual nominated and approved
No * - Individual nominated but not ~pproved
- no nomination
42O
HISTORIC LANDMARK COMMISSION
DIST CURRENT MEMBER
*3 Kenneth Morgan
*7 Judy Cole
*2 Mary McCain
HUMAN SERVICES COMMITTEE
DIST CURRENT MEMBER
*6
7
*2
*4
Jim Bendzek
Lawrence Cochran
Terry Garrett
Sandy Kristofersen
KEEP DENTON BEAUTIFUL BOARD
DIST
*1
*6
*7
*3
*4
CURRENT MEMBER
Dave Boston
Gertrude Gibson
Betty Kimble
Kandice Gandel
Bill Watson
LIBRARY BOARD
DIST
*7
*3
*4
CURRENT MEMBER
Kjell Johansen
Kathy Pole
Jean Schaake
NOMINATION
Kenneth Morgan
Judy Cole
Jim Kirkpatrick
NOMINATION
Pat Muro
Diana Briggs
Kent Miller
Sandy Kristofersen
NOMINATION
Charlye Heggins
Luanne Hicks
Vera Laney
Kandice Gandel
Bill Watson
NOMINATION
Kjell Johansen
Kathy Pole
Ema Ruth Russell
TERM
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
COUNCIL ~
Perry
Mayor
Smith
COUNCIL
Brock
Mayor
Smith
Cott
COUNCIL
Chew
Brock
Mayor
Perry
Cott
COUNCIL
Mayor
Perry
Cott
* - Individual nominated and approved
No * - Individual nominated but not approved
- no nomination
P~RKS ~ RECRF~I'OH BO~RD
DIST CURRENT MEMBER
*7 Tom Judd
*2 Loyce Wilson
PLANNING AND ZONING CO~ISSION
DIST
*3
*5
*6
CURRENT MEMBER
Mike Cochran
Jim Engelbrecht
Katie Flemming
PLUMBING AND MECHANICAL CODE BOARD
DIST CURRENT MEMBER
*5 Millard Heath
*6 Lee Capps
*1 Jeff Peploe
PUBLIC UTILITIES BOARD
DIST CURRENT MEMBER
*6 Roland Laney
SIGN BOARD OF APPEALS
DIST CURRENT MEMBER
*1
*3
*7
Harry Eaddy
Ann Houston (ALT)
Mike Wiebe
NOMINATION
Tom Judd
Loyce Wilson
NOMINATION
Mike Cochran
Ellen Schertz
Katie Flemming
NOMINATION
Millard Heath
Lee Capps
Jeff Peploe
NOMINATION
George Hopkins
NOMINATION
Spencer Washington
Ann Houston
Mike Wiebe
TERM
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
TERM
1992-94
1992-94
1992-94
TERM
1990-94
TERM
1992-94
1992-94
1992-94
421
COUNCIL
Mayor
Smith
COUNCIL
Perry
Miller
Brock
COUNCIL
Miller
Brock
Chew
COUNCIL
Brock
COUNCIL
Chew
Perry
Mayor
* - Individual nominated and approved
No * - Individual nominated but not approved
- no nomination
422
TRAFFIC SAFETY COMMISSION
DIST
CURRENT MEMBER
*6 VACANT
.1 Kathy Devine
*2 Eric Jackson
*3 George Kay
*4 Edna Redmon
CIVIL SERVICE COMMISSION
SEAT CURRENT MEMBER
*3 Charldean Newell
DENTON HOUSING AUTHORITY
SEAT CURRENT MEMBER
1 Derrell Bulls
2 Rudy Rodriguez
TMPA BOARD OF DIRECTORS
SEAT CURRENT MEMBER
*1 Tom Harpool
ACC00128
NOMINATION
L. Keith Martin
Kathy Devine
Eric Jackson
Mark Coomes
Larry Luce
NOMINATION
Charldean Newell
NOMINATION
NOMINATION
Tom Harpool
TERM
1992-94
1992-94
1992-94
1992-94
1992-94
TERM
1991-94
TERM
1992-94
1992-94
TERM
1992-94
COUNCIL,
Brock
Chew
Smith
Perry
Cott
Harrell
Mayor
Mayor
Council
* - Individual nominated and approved
No * - Individual nominated but not approved
- no nomination