Minutes August 16, 1994468
CITY OF DENTON CITY COUNCIL MINUTES
August 16, 1994
The Council convened into the Executive Session on Tuesday, August
16, 1994 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry,
Miller and Smith.
ABSENT: Mayor Pro Tem Brock
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered claim against GTE for non-payment of
franchise fees.
2. Considered claim against Wiltel.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, August 16,
1994 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry,
Miller and Smith.
ABSENT: Mayor Pro Tem Brock
1. The Council received reports and held discussions regarding
the following budget presentations:
Municipal Services
Municipal Services/Economic Development
Environmental Services
Library
Parks and Recreation
Facilities Management
Linda Ratliff, Economic Development Coordinator, presented the
budget for Municipal Services/Economic Development. She stated
that Denton continued to make the short list on potential
relocations and detailed the economic development activities done
during the past year. There were no major changes and no
supplemental packages for this budget. There would also be no
changes in the economic development program.
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Nonie Kull, Environmental Health Services Manager, presented the
Environmental Services budget. This budget would remain
essentially the same with two proposed supplemental packages. One
package was a computer for the office. Currently the office used
her personal computer and it was not able to maintain all of the
needed information. An overhead projector was also a suggested
supplemental package which was requested for their public education
programs. All other aspects of the operating budget were the same
as last year. Animal Control was asking for a clerical position.
City Manager Harrell stated that while this was a new position it
was one which had been eliminated several years ago during prior
budget difficulties.
Eva Poole, Library Director, presented the budget for the Library.
The proposed budget included 5 packages. One was the operational
and maintenance costs for the new branch library.
city Manager Harrell stated that some of these costs would not be
annual costs but would start in February.
Poole stated that the other packages included 500 new reference
books for the new branch library, replacement of nonfiction books,
a microfilm reader/printer, and audio books and videos.
Council Member Cott asked about the demographics of the two
libraries.
Poole replied that young mothers with children would probably use
the branch facility as it would have a program room.
Council Member Miller stated that the Friends of the Library were
attempting to raise funds for equipment for the branch library. If
the Friends campaign fell short, what would that do to the branch.
Poole replied that the Friends had currently raised $35,000 for new
shelving for the Library. New books would be transferred to the
branch. With the two proposed packages 15,000 volumes of new books
could be purchased. If the fund raiser by the Friends was not
successful, there was a contingency plan to move equipment from the
Emily Fowler Library.
Council Member Perry asked about the expansion of the computer
capabilities with the universities.
Poole replied that they were still in the process of working with
the universities.
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Rich Dlugas, Director of Parks and Recreation, stated that Parks
and Recreation had several proposed supplemental packages for next
year. Those included (1) two and a half positions for South Lakes
Park, vehicle equipment, maintenance supplies and electric/water
for irrigation; (2) maintenance for DMC, Library, medians and
electric and water; (3) median beautification included two walk
behind mowers and trailers, (4) replacement of a rig of a flail
mower for athletic fields; (5) replacement rig for a 3/4 ton
pickup; (6) replacement of mowing equipment with would replace
two 1985 riding mowers used in cemetery and park mowing; .(7) a
mainframe connection which would connect 8 personal computers at
the Civic Center to the mainframe system.
Council Member Cott suggested considering a different approach to
controlling mosquitoes on the baseball fields. He felt there was
a need for different types of equipment to control the pests.
Dlugas stated that this was handled through the Utility Department.
Perhaps staff could go out earlier to try and control the
mosquitoes.
City Manager Harrell stated that the Utility Department had
received a petition to cease any kind of spraying for mosquitoes
next year.
Mayor Castleberry asked if the median landscaping on University was
in the current budget or next year's budget.
City Manager Harrell stated that it was not in this year's budget.
Dlugas presented the recreation fund budget. It was estimated that
there would be a fund balance of $115,581. It was proposed to fund
a supplemental request for a 12 passenger van, Civic Center tables
and MLK furniture. These would come from the recreational fund
balance.
Council Member Perry asked what happened if a single parent with
children wanted to participate in the programs but was not able to
meet the financial commitment.
Dlugas replied that the City provided financial assistance for
those who needed such assistance. The After School Action Sites
also had scholarships available.
Council Member Miller asked about the golf range.
Dlugas replied that it seemed to be doing well and the individual
in charge was very pleased with the program. He presented an
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update regarding a convention center. He had visited with Denton
County, UNT, the Fair Association, and the Amphitheater Association
regarding a joint venture with the city. The Amphitheater Group
did not feel they wanted to participate but others were very
enthusiastic.
Bruce Hennington, Facilities Manager, presented the budget for
facilities management. He reviewed the duties of the department
which were presented in the proposed budget materials. Packages
were ranked by safety and what would be best for the citizens.
Fifty four packages were submitted. The first set of packages were
reoccurring and included the DMC and City Hall West operations and
maintenance packages, the Library South Branch operations and
maintenance, two service trucks to be leased, a restoration of
utility funding and the opening/closing of City buildings with the
security system. The second package dealt with the roof for the
Senior Center, the Visual Arts Center, the North Lakes Recreation
Center and the Denia Recreation Center. The third set of packages
dealt with one time expenditures and included paving at the DMC
parking lots, Denia AC/Heat upgrade, and replace/repairing the
kennel ceiling at Animal Control.
Council Member Cott asked if there were any requests for an outdoor
pool at Denia.
Hennington replied no. There had been a study done for an indoor
pool at North Lakes but was determined to not be feasible at this
point in time.
Council Member Miller asked about the status of the air
conditioning at the Visual Arts Center.
Hennington stated that the City's policy was to run the temperature
of the buildings between 74-76 degrees. A heat pump unit was used
in that area and it would not bring down the temperature for a
large group in the facility. The temperature needed to be turned
down several hours before an event.
Council Member Miller suggested reviewing the policy.
Hennington stated that there was no control on the unit. There was
a condition in the policy that if requested in writing, the
temperature could be lowered. _There were two problems with that
procedure. If the citizens were allowed to lower the temperature,
it would be hard to control how much the temperature was turned
down. The second problem was that if the unit was turned down too
much, then other facilities would want their units down and there
would not be enough money for utility payments.
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The Council convened into the Regular Session on Tuesday, August
16, 1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry,
Miller and Smith.
ABSENT: Mayor Pro Tem Brock
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 Planning
Session of June 17, 1994 and the Regular Session of June 21, 1994.
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry presented a proclamation for National Homeless
Animals Day.
Mayor Castleberry presented Yard of the Month Awards to Glenn and
Shirley Hulcher, John E. and Virginia Fender, Denton Community
Hospital, Dr. and Mrs. Gordon Healey and Texas Woman's University -
Physical Plant and Grounds Maintenance.
3. Public Requests
A. The Council considered approval of a resolution closing
the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6:00
a.m. until 6:00 p.m. on Saturday, September 24, 1994 for "County
Seat Saturday".
Jane Biles, Main Street Director, stated that this would be the 9th
year for County Seat Saturday. The request was to close the
streets around the Square for the event. There was one noted
opposition to the closure but that individual had access to his
property through Austin Street.
The following resolution was considered:
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NO. R94-038
A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM
STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF
NORTH LOCUST STREET, AND THE 100 BLOCK OF WEST HICKORY STREET
ON SEPTEMBER 24, 1994; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered a request from cabin Fever
Productions for an exception to the noise ordinance for a film
production at the Fairgrounds on September 17-18, 1994.
Linda Ratliff, Economic Development Coordinator, stated that Cabin
Fever Films was requesting the exception to the noise ordinance in
order to film a feature movie on Saturday, September 17 until
midnight and Sunday from noon until 10:00 p.m. Those times were
the worse case scenarios and the actual event would last
approximately 2-3 hours. The exception was needed as they would be
using the public address system and there might be the need to
reshoot some scenes and do scenes with stunt riders, etc. The film
company would be in Denton approximately 10 days which should be an
economic advantage for Denton merchants.
Council Member Perry asked if the loudspeaker would be used after
10:00 p.m.
Ratliff replied that the rodeo event took about 3 hours. After the
rodeo event was over, the film company would use stunt actors in
conjunction with the actual rodeo.
Council Member Perry stated that the film company would be using
the new public address system and would not necessarily be
broadcasting past the arena.
Ratliff replied that there would be no bands. The rodeo production
company might have music through the public address system but no
band. She had expressed concern to the movie crew regarding the
sensitivity of the neighbors and the company had cut back hours
from their original request.
Miller motioned, Smith seconded to approve the exception. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
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4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning 0.371 acres located on the north side of
Highland Street approximately 62 feet from Carroll Blvd. from 2F
(two family) dwelling district to Planned Development District 108.
(The Planning and Zoning Commission recommended approval, 7-0.)
Z-94-016
Frank Robbins, Executive Director of Planning and Development,
stated that this was an extension of the existing offices on
Carroll Blvd. There would be a significant amount of vegetation
saved with the proposal. The Planning and Zoning Commission
recommend approval of the proposal for Council consideration.
The Mayor opened the public hearing.
Dale Irwin stated that this building would face Carroll Blvd. He
was available to answer any Council questions.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 94-146
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM TWO-FAMILY DWELLING DISTRICT TO PLANNED
DEVELOPMENT 108 (PD108) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A 0.371 ACRE TRACT LOCATED ON THE NORTH SIDE
OF HIGHLAND STREET APPROXIMATELY 62 FEET EAST FROM CARROLL
BOULEVARD; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, 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 rezoning 0.365 acres located on the north side of
Interstate 35E approximately 100 feet west of Loop 288 from Planned
Development District 6 to Commercial District. (The Planning and
Zoning Commission recommended approval, 7-0.) Z-94-017
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Frank Robbins, Executive Director for Planning and Development,
stated that this was a recommendation for a change from planned
development to straight commercial zoning. The property was
located between straight commercial zoning at the present time. A
fast food restaurant detailed plan was denied in the past due in
part to the traffic patterns. With this change in zoning, that
kind of use could be built in the future. If the Council had a
problem with that type of zoning, it might consider a condition for
zoning on the property such as use only for a one story produce
stand.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member smith questioned the parking in the area and where
patrons of the produce stand now parked.
Robbins stated that some traffic stopped on the access road but
most parking was in the area across the drive in the shopping
center. Parking had not created a problem to date and the adjacent
fast food restaurants did not have a problem with the zoning case.
Mayor Castleberry stated that this was a usual pad site for a
shopping center.
Robbins replied correct.
Council Member Miller stated that as these pad sites developed,
there would be increased traffic in the area. He felt it was
important to encourage commercial development in appropriate areas.
The following ordinance was considered:
NO. 94-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT DISTRICT 6 (PD-6) TO
COMMERCIAL DISTRICT (C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A 0.365 ACRE TRACT LOCATED ON THE NORTH SIDE
OF INTERSTATE HIGHWAY 35E, APPROXIMATELY 100 FEET WEST OF LOOP
288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
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Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, 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 rezoning 24.125 acres known as Section 3 and 4 of
McDonnell Highlands from a Planned Development zoning district (PD-
98) to a single-family (SF-7) district. The site was located
approximately 2,000 feet east of Mayhill Road, on the south side of
McKinney Road. (The Planning and Zoning Commission recommended
approval 6-0.) Z-94-015
Frank Robbins, Executive Director for Planning and Development,
stated that this was a significant downzoning in an old planned
development. There was an associated preliminary plat on the
Consent Agenda.
The Mayor opened the public hearing.
Brian Burke, Metroplex Engineering, stated that the project was
originally zoned and partially constructed for 124 two family
duplex lots. The proposal was a request to downzone to 100
straight single family-7 lots. He felt it was a good change for
the property.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Perry asked if drainage was included in the
proposal.
Robbins replied that approval of this zoning would not directly
address infrastructure or drainage. The preliminary plat on the
Consent Agenda addressed those issues. A preliminary drainage study
had been approved and was part of the recommendation from the
Planning and Zoning Commission.
The following ordinance was considered:
NO. 94-148
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 98 TO ONE-FAMILY
DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 24.125 ACRES OF LAND LOCATED ON THE SOUTH SIDE
OF MCKINNEY STREET, ACROSS FROM BILLY RYAN HIGH SCHOOL, AND
APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD; PROVIDING FOR
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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, 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 Detailed Plan of Planned Development
No. 21 to allow for additional duplex structures. The 26.841 acre
site, known as Good Samaritan Village, was located at 2500 Hinkle
Drive, on the west side of Hinkle Drive south of Headlee Lane.
(The Planning and Zoning Commission recommended approval 7-0.) Z-
94-018
Frank Robbins, Executive Director for Planning and Development,
stated that this proposal had 10 additional duplexes to be built
with the existing duplexes. The 'proposal remained in accordance
with the City's proportionate share of intensity and there was much
open space in the area. A concern had been expressed about
drainage in the area. There were two projects in the CIP plan to
deal with the drainage problems in the area. This development
would not add a significant amount of runoff and would not pay for
any of the improvements.
The Mayor opened the public hearing.
Fred Connell stated that he was a resident of a current duplex and
strongly supported this request of Good Samaritan. The duplexes
provided an excellent transition from an individual,s own home to
semi-assisted living. He supported the request and asked for
Council approval. There was a large waiting list for residents of
the duplexes.
Richard Garner stated that there was some confusion regarding the
number of units to be built. One two-family unit would be built
this year. After that duplex was filled, they would possibly
proceed with two more units within the next year to two years.
There would not be more than 5 units in the next five - six years.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
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NO. 94-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN
IN THE ATTACHED DETAIL PLAN FOR 26.841 ACRES OF THE 27.437
ACRES THEREIN DEFINED; PROVIDING A SAVINGS CLAUSE; REPEALING
ORDINANCE 84-96; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, 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 requests
for variances from Section 34-114(17) and 34-7(c) of the
Subdivision and Land Development Regulations, regarding sidewalk
construction and variance procedures. The request was made by
William C. and Mary Lou Collins, for property known at Lots 3A, 3B,
and 3C, Block 4, Wattam Addition, located at the southeast corner
of Fannin and Welch Streets. (The Planning and Zoning Commission
recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that there were three criteria which should be met before a
variance was approved. One criteria was special and particular
conditions upon which the request based which related to
topography, shape or other unique situations. The Planning and
Zoning Commission reviewed the proposal and found that if the
sidewalk were built, a substantial retaining wall would have to be
built. There was the possibility that several large trees in the
area would be destroyed if that were built plus the cost of the
retaining wall would be significant. If the subdivision went
through the process today, sidewalks would ~not be required. The
Planning and Zoning Commission recommended approval. The second
variance was one of procedure. With no variance, a preliminary and
final replat would have to be filed and given the situation, the
Planning and Zoning Commission felt that a variance should also be
granted.
The Mayor opened the public hearing.
Bob Brown stated that across Welch Street and across Fannin Street
there were apartment complexes and the two large trees marked the
beginning of the single family dwellings. It would take away from
th~ beauty of the neighborhood if those two trees were taken out.
No one spoke in opposition.
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The Mayor closed the public hearing.
Chew motioned, Perry seconded to approve the variances. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council held a public hearing and considered adoption
of an ordinance repealing Sections 34-1 through 34-98 of Chapter 34
of the Code of ordinances (Subdivision and Land Development) by
adopting new Section 34-1 through 34-46; by amending Section 34-
114(17) and repealing Section 34-127; to provide for the approval
of minor plats by the Development Review Committee; the granting of
variances by the Planning and Zoning Commission and waiver of
development exactions by the City Council; denying connection to
utility service under certain packages; defining terms; providing
procedures for submission and approval of plans and plats;
requiring approval of plats and construction plans for public
improvements prior to development of land; providing a simplified
plat process; adopting guidelines for vacating a plat, replatting,
and amending plats; providing for conveyance plats; providing for
adoption of coverage under Section 212.041 of the Local Government
Code relating to development plats; providing an annexation policy;
providing developmental standards in the extraterritorial
jurisdiction; providing requirements for public improvements; and
providing method to delay sidewalk construction and decreasing the
local street intersection separation standards. (The Planning and
Zoning Commission recommends approval 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a significant streamlining of the development
process and updating how to plat in accordance with State Law.
Council reviewed all major portions of ordinance at a work session
in July.
The Mayor opened the public hearing.
Brian Burke, Metroplex Engineering, stated that he fully supported
the proposed ordinance.
Robert Morris stated that he was concerned about when plats would
be required in the ETJ. Some rural areas could have division of
property and did not need to plat. He asked for a clarification of
when platting was required in the ETJ.
Robbins stated that development plats would be required. Before
any development was done in the ETJ or inside the city, a plat
would need to be recorded. One exception in the proposed ordinance
dealt with the division of land with no development and each parcel
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was at least 40 acres in size. That type of development would not
have to plat. There were also no requirements to plat if the
property were divided by will or probate.
The Mayor closed the public hearing.
Council Member Cott stated that there were frequent appeals to
Council for a final plat. The proposed ordinance would streamline
that process and the Planning and Zoning Commission would take care
of the plat. If a petitioner did not like the vote of the Planning
and Zoning Commission, who would hear an appeal.
Robbins replied that under the existing ordinance, preliminary
plats and some final plats came to Council. In 6 years, none of
those plats had been appealed. Final plats were now appealed with
the Planning and Zoning Commission and that would be the same with
the proposed ordinance. A final appeal was to the District Court.
The following ordinance was considered:
94-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING SECTION
34-1 THROUGH 34-98 OF CHAPTER 34 OF THE CODE OF ORDINANCES
("SUBDIVISION AND LAND DEVELOPMENT") BY ADOPTING NEW SECTION
34-1 THROUGH 34-46; BY AMENDING SECTION 34-114, SUBSECTIONS
(9) AND (17) AND REPEALING SECTION 34-127 REGARDING THE
APPROVAL OF MINOR PLATS BY THE DEVELOPMENT REVIEW COMMITTEE;
THE GRANTING OF VARIANCES BY THE PLANNING AND ZONING
COMMISSION AND WAIVER OF DEVELOPMENTAL EXACTIONS BY THE CITY
COUNCIL; DENYING APPROVAL OF CONNECTION TO UTILITY SERVICES
UNTIL APPROPRIATE CERTIFICATES HAVE BEEN OBTAINED;DEFINING
TERMS CONTAINED IN THE ORDINANCE; PROVIDING PROCEDURES FOR
APPROVAL OF GENERAL DEVELOPMENT AND CONSTRUCTION PLANS AND
PRELIMINARY AND FINAL PLATS; REQUIRING~APPROVAL OF PLATS AND
CONSTRUCTION PLANS FOR PUBLIC IMPROVEMENTS PRIOR TO
DEVELOPMENT OF LAND; PROVIDING A SIMPLIFIED PLAT PROCESS;
ADOPTING GUIDELINES FOR VACATING A PLATS, REPLATTING WITHOUT
VACATING A PRECEDING PLAT AND AMENDING A PLAT; PROVIDING FOR
GOVERNMENT-INITIATED PLAT VACATION; PROVIDING FOR PROCEDURES
FOR CONVEYANCE PLATS; PROVIDING FOR ADOPTION OF COVERAGEUNDER
TEX. LOC. GOV'T. CODE ANN. 212.041 RELATING TO DEVELOPMENT
PLATS; PROVIDINGANANNEXATION POLICY; PROVIDING DEVELOPMENTAL
STANDARDS IN THE EXTRATERRITORIAL JURISDICTION; PROVIDING
REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS;
PROVIDING AN AMENDMENT TO APPENDIX A-7 RELATING TO DISTANCE
SPACING BETWEEN INTERSECTING STREETS AND PROVIDING A METHOD TO
DELAY SIDEWALK CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE;
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PROVIDING FOR A MAXIMUM PENALTY OF $500.00 FOR VIOLATIONS
THEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVING FOR AN
EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, Cott, ,
"aye", Miller "aye", Smith "aye", Chew "aye" Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. Consent Agenda
Smith motioned, Perry seconded to approve as the Consent Agenda as
presented. On roll vote, Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Bids and Purchase Orders:
1. Bid #1652 - Contract Concrete Work
B. Plats and Replats
Preliminary plat of 100 lots in seven blocks within
the McDonnell Highlands Addition, Phases 2 and 3.
The 24.125 acre site was located on the south side
of McKinney Road across from Billy Ryan High
School. (The Planning and Zoning Commission
recommended approval 6-0.)
Preliminary plat of Lots 2 and 3, Block 1, Good
Samaritan Village Addition. The 23.309 acre site
was located on the east side of Hinkle Drive, south
of Headlee Lane. (The Planning and Zoning
Commission recommended approval 7-0.)
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.1. - Bid #1652)
The following ordinance was considered:
NO. 94-151
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
~ERVIOE~; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 16, 1994
Page 15
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Cott~ "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance partially
vacating a certain public utility and drainage easements recorded
in the real property records of Denton County, Texas at Volume
1686, Pages 0852, 0858, and 0860, located in the Southridge Estate
Addition (The Planning and Zoning Commission recommended approval
6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this abandonment was associated with a preliminary and
final plat. The abandonment was in Phase I of the development
along Lillian Miller Parkway. The developer would hook up to the
existing sewer lines and run the sewer lines through the property
on the street. This was an exchange of easements.
The following ordinance was considered:
NO. 94-152
AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF
DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852, 0858, AND
0860; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on certain portions of Railroad
Avenue and East Hickory Street near the Denton Municipal Complex.
(The Traffic Safety Commission recommended approval.)
Rick Svehla, Deputy city Manager, stated that on August 2nd,
Council had adopted an ordinance dealing with handicapped parking
at the Denton Municipal Complex. This was a companion ordinance
for three areas of no parking at the Denton Municipal Complex. One
area was on Railroad Avenue, one was in front of the Plaza area,
and the third was at the entrance to the Police Department.
Council Member Perry asked about handicapped access for someone
wanting to go to the Police Department.
Svehla replied that there were handicapped spaces and a ramp
adjacent to the front of the building.
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Page 16
The following ordinance was considered:
NO. 94-153
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON CERTAIN
PORTIONS OF RAILROAD AVENUE AND EAST HICKORY STREET NEAR THE
DENTON MUNICIPAL COMPLEX; PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and Denton State School for the operation of a
public park.
Rich Dlugas, Director of Parks and Recreation, stated that
Briercliff Park was an ll acre neighborhood park located on State
School Road adjacent to the Denton State School. The City entered
into an initial agreement with the Texas Department of Mental
Health and Mental Retardation in April 1983 for a 10 year lease.
At the time that the lease expired in 1993, the State was reluctant
to enter into another long term agreement and extended the lease
for one year. That lease expired in the Spring of 1994. The State
was now willing to extend the lease another two years while they
looked at their other leases of state property.
The following ordinance was considered:
NO. 94-154
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTEANAGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON STATE SCHOOL FOR THE OPERATION OF A PUBLIC PARK; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, 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 amending
the schedule of fees £or filing applications for review, approval,
grant or lssuance of plats, plans, permits, licenses, certificates,
variances or designations required by the Subdivision Rules and
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Page 17
Regulations and Zoning Regulations of the Code of Ordinances; and
making this ordinance cumulative. (The Planning and Zoning
Commission recommended approval 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this ordinance had been reviewed at an earlier work
session. This was a major update in fee structure since 1983. It
was amended to enable the charge to relate more to the actual cost.
Certain variables had been changed so as to not undercharge or
overcharge what it took to review a proposal.
Debra Drayovitch stated that the ordinance contained a blank for
the effective date. The effective date should be the same as the
effective date of the subdivision amendment. She suggested that a
motion include that the proposal would be effective on the 30th day
of August.
The following ordinance was considered:
NO. 94-155
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SCHEDULE OF FEES FOR FILING APPLICATIONS FOR REVIEW, APPROVAL,
GRANT OR ISSUANCE OF PLATS, PLANS, PERMITS, LICENSES,
CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE
SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF
THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the ordinance effective
the 30th of August. On roll vote, Cott, "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute Amendment No. 3 to the
public transportation contract with the Texas Department of
Transportation for funding public transportation.
Council Member Chew left the meeting with a potential conflict of
interest.
Joseph Portugal, Assistant to the City Manager, stated this was the
first of two items for funding of public transportation. Approval
of this resolution would authorize the City Manager to execute
City of Denton City Council Minutes
August 16, 1994
Page 18
Amendment No. Three to the public transportation contract with the
Texas Department of Transportation. That contract for 1993-94 was
$137,462 and the amendment would reduce that amount by
approximately $12,203 as the City was not able to meet the local
match necessary to purchase vehicles for SPAN operation in this
current cycle. The City was asking TxDOT to make the $12,203
available in the 1994-95 contract. The rest of contract had not
changed.
The following resolution was considered:
NO. R94-039
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 3 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC
TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Miller seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", smith "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the City Manager to execute a public transportation
contract with the Texas Department of Transportation for funding
public transportation.
Joseph Portugal, Assistant to City Manager, stated that this
resolution would approve the 1994-95. contract. The base total for
funding would be $140,415 and would be used to purchase vehicles,
replacement of route signs, equipment and planning for
transportation meetings. There was a revision to Article 9
regarding insurance. Last year SPAN could purchase the insurance
and list the City and TxDOT as additional insurers. The State
approved that amendment.
The following resolution was considered:
NO. R94-040
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC
TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to approve the resolution. On roll
vote, Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
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City of Denton City Council Minutes
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Page 19
Council Member Chew returned to the meeting.
C. The Council considered approval of a resolution approving
the fiscal year 1995 budget of the Greater Denton Arts Council for
hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax
Code.
The following resolution was considered:
NO. R94-041
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
Perry motioned, Smith seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered approval of a resolution approving
the fiscal year 1995 budget of the North Texas Fair Association for
hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax
Code.
The following resolution was considered:
NO. R94-042
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
NORTH TEXAS FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
Chew motioned, Miller seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered aDDroval of a resolution approving
the fiscal year 1995 budget of the Denton Convention and Visitors
Bureau for hotel occupancy tax funds, pursuant to Chapter 351 of
the Texas Tax Code.
The following ordinance was considered:
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City of Denton City Council Minutes
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Page 20
NO. R94-043
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
DENTON COUNTY CONVENTION AND VISITORS BUREAU OF THE CHAMBER OF
COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER
351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered approval of a resolution approving
the fiscal year 1995 budget of the Denton County Historical
Foundation, Inc. for hotel occupancy tax funds, pursuant to Chapter
351 of the Texas Tax Code.
The following resolution was considered:
NO. R94-044
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY
TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
G. The Council considered approval of a resolution approving
the fiscal year 1995 budget of the Denton County Historical Museum,
Inc. for hotel occupancy tax funds, pursuant to Chapter 351 of the
Texas Tax Code.
The following resolution was considered:
NO. R94-045
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
DENTON COUNTY HISTORICAL MUSEUM, INC. FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye" and Mayor Castleberry "aye" Motion carried unanimously
488
City of Denton City Council Minutes
August 16, 1994
Page 21
H. The Council considered approval of a resolution approving
the fiscal year 1995 Financial Plan of the DENCO 9-1-1 District.
The following resolution was considered:
NO. R94-046
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH & SAFETY
CODE SECTION 772.309; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
I. The Council considered approval of a resolution approving
the 1994-95 budget of the Denton Central Appraisal District.
The following resolution was considered:
NO. R94-047
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1994-
1995 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
8. The Council held a discussion and considered adoption of an
annexation schedule with regard to a proposal to annex 263 acres
located north of Jim Christal and west of Masch Branch Road and
another 68 acres located north of Ryan Road and east of
Forrestridge Drive. A-66 and A-67
Frank Robbins, Executive Director of Planning and Development,
stated that at a previous meeting, Council directed staff to move
forward with a schedule to consider annexation of this area. The
city had received a development proposal on this tract. The
annexation ordinance required 6 votes of the Council to approve the
readings of the annexation ordinance. ~ A special meeting would be
required for one of the readings. He presented Options A, B or C
for Council consideration.
Council Member Cott left the meeting.
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City of Denton City Council Minutes
August 16, 1994
Page 22
Council Member Perry suggested Option B and if there would not be
a full CouNcil at that meeting, to consider Option C.
Perry motioned, Chew seconded to proceed with Option B. On roll
vote, Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried with a 5-0 vote.
9. The Council considered the appointment of Deputy City
Secretaries.
City Manager Harrell stated that currently Betty Williams was the
only individual designated as a Deputy City Secretary. When the
City Secretary was absent, a deputy was needed to perform the
office duties. He was recommending Veronica Oglesby and Joseph
Portugal as deputies.
Council Member Cott returned to the meeting.
Chew motioned, Miller seconded to approve the appointments. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
10. Miscellaneous matters from the City Manager.
A. The Council received a report, held a discussion and gave
staff direction regarding a request from Science Land for Lalor
funds.
Council Member Miller left the meeting.
City Attorney Drayovitch stated that at a prior meeting, Council
had instructed staff look at various ways of utilizing hotel tax
funds to make a grant to the Science Land Museum and to look at
other options for funding. At that meeting, a list of
approximately 13 different museums had been distributed indicating
their funding sources. Nine of those museums indicated some type of
hotel occupancy tax funding. Amarillo was not receiving any hotel
occupancy tax funds from their City at this point in time. Their
tax was being allocated to the convention center and to the Chamber
of Commerce. Austin allocated money through the arts section of the
statute. The hotel tax statute provided for up to 15% of the hotel
occupancy tax revenues to be spent on encouragement of the arts.
The City of Denton had a contract with the Greater Denton Arts
Council for that maximum of 15%. The City was not able to use that
section of the statute as was currently being allocated.
Council Member Miller returned to the meeting.
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City of Denton City Council Minutes
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Page 23
Drayovitch stated that Fort Worth had an organization which
distributed the funds to various organizations. Houston funded a
Children's Museum pursuant to a grant by the Houston Cultural Arts
Council made with the arts section. The museum in Lubbock did not
receive any hotel occupancy tax funds at this time. Five years ago
they received money under the tourism section for certain exhibits
for the museum. McAllen's museum was funded from their general
fund. McKinney had a contract for a parking lot construction which
was under the tourism section. New Braunfels referenced the arts
section of the statute as did Wichita Falls. Staff had met with
representatives of Science Land to determine any possible
qualifying expenditures under the historical section of the
statute. That section provided that a city may allocate funds for
historical museums or historical preservation programs of which
science history qualified. Exhibits which would be historical in
nature would qualify per the Attorney General's office. Maintenance
and operation expenses associated with those exhibits would also
qualify. Some cities provided funding through a general fund.
Science Land was preparing budget information for Council
consideration in the historical and tourism areas.
Mayor Castleberry stated that additional figures would be presented
to Council for consideration.
Drayovitch replied if Council so desired.
Council Member Smith suggested that those figures be given to staff
to prepare for a future meeting.
Council Member Miller felt that he would like to help fund the
program until they were self-sufficient. He would like to help
them get over this critical period of time. Whether the City used
hotel occupancy tax funds or general funds he wanted to help the
organization.
Mayor Castleberry indicated that he wanted to have the Science Land
Board decision regarding the issue.
B. The Council received a report, held a discussion and qave
~af£ dir~%ion regarding a resolution petitioning the Texas
Alcohol Beverage Commission to enable the Council to consider an
ordinance prohibiting the possession of an open container or the
public consumption of alcoholic beverages in specified areas of the
City.
City Manager Harrell stated that this item was designed to give the
Council background information on the proposal. Appropriate action
if desired by Council was to request staff to develop a resolution
City of Denton City Council Minutes
August 16, 1994
Page 24
491
formally petitioning the State. Nothing would be decided for a
number of months when the formal resolution would be before the
Council.
Frank Robbins, Executive Director for Planning and Development,
stated that this proposal was another tool to deal with the
problems associated with drinking in public. Those problems
included public intoxication, property damage, disorderly conduct,
litter, Vandalism, and assault. In Denton, many of these problems
occurred in the Fry Street area. The State law mandated the
definition of the area for which authorization could be made to
disallow open containers. That area was called a "Central Business
District,,. In Denton, that area would include the downtown area,
Oak Street and the Fry Street area. The Central Business District
had to be at least ninety percent used or zoned for commercial
purposes which the proposed area followed. The process involved
three steps. The first was for the Council to approval a resolution
which petitioned the Texas Alcohol and Beverage Commission for
authorization for the Council to consider an ordinance which would
ban the possession. The second step was to present the petition to
the Board. After approval by the Board, the Council could consider
an ordinance banning open containers in the entral Business
District with some exceptions for special events~
City Manager Harrell stated that the Texas Municipal League was
very active and had taken a strong role in attempting to secu
legislative authority for a city to take action. The League s
p°siti°n was that a city council should have the right to make t~
determination in what locations, if any, these kinds of ordinances
should apply. The legislation was drafted fairly narrowly and if
Council approved a resolution, a filing would be made for State
approval. The boundaries were not the cleanest and might present
a problem.
Capt. Gary Matheson of the Denton Police ~Department presented a
video regarding the proposal. Between 1992 to date, there were 192
custody arrests for the offense of public intoxication in the Fry
Street area which included Avenue A, Fry Street, Hickory.and Oak
Streets. Beyond that, other violations included minor in
possession and after hours consumption violations. In that same
time period, there were 79 custody arrests and 101 citations as a
result of activities in the Fry Street area. He presented a video
which covered several years of problems on Fry Street.
Council Member Cott stated that eight weeks ago the situation
presented by Capt. Matheson existed. An ATM was damaged at the
Pir~% State Bank as well as a parking meter. At that time the
neighborhood businesses decided to do something to try and stop
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City of Denton City Council Minutes
August 16, 1994
Page 25
those types of activities. Various meetings were held with the
area businesses, city staff and some Council to look for a solution
to open containers, to individuals sleeping on the street, to
people urinating in public. A suggestion was made to try and use
beautification in the area.
Cindy Lou Dampf stated that she was the founder of the Fry Street
Berets which was a protection group for businesses and students in
the area. They worked with the police department in solving
problems in the area. One of the main problems in the area was
vandalism of the businesses which had been reduced recently since
the meeting with the business owners. Another problem was with
youths under the age of 18 on the street and drug dealers from out
of town. She had been warned by individuals on the street that if
the Council passed an ordinance against open containers, that there
would be rioting in the area. She felt that existing rules and
ordinances were not being enforced and that there were not enough
police in the area.
Council Member Cott stated that he did not agree with any of the
statements made by Ms. Dampf. The police needed to take care of
what was happening in the area.
Joe Dodd stated that of the many problems in the area, there were
many offenses already on the books. Kids were the problem in the
area. An open container law would take adults off the street and
more children would be in the area. He favored a teen curfew at
age 18. The bicycle cops were great around UNT and their
relationships with the students had changed greatly. The primary
times for problems were 9:00 p.m. - midnight and he suggested
placing foot cops in area during those times. Those officers
walking that beat would learn those individuals who might become a
potential problem. He suggested that before Council passed an open
container ordinance foot patrol officers be tried in the area.
Don Lindow felt that the police department was doing a great job in
the area. His main concern was regarding beautification of the
area. He suggested changing the time for sweeping the street as
cars were already parked there by time the sweeper came by. He
fel% that the area needed to be kept clean. He asked what was the
motivation for the Council to consider this ordinance. There were
many homeless adolescents in the area which might be part of the
vandalism problem.
Mayor Castleberry stated that the Police Chief brought the problem
to Council due to the problems in the area.
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City of Denton City Council Minutes
August 16, 1994
Page 26
Lindow stated that there was a concern that the Council would pass
issues when individuals were not around to debate the issue with
the Council.
Council Member Miller stated that he had been asked by the North
Texas Daily about this issue. He hoped that the newspaper would
take care of the issue regarding the Council and its procedures.
Bill Miller felt that there were sufficient laws on the books
regarding the problems in the area. More bicycle patrols were
needed. When the college students were gone for the summer, the
high school students were still in the area. He felt there was a
need to make sure there was no seasonal drop off with the patrols
in the summer. Many of the problems were due to minors under age
in the area. He suggested opening a police store front in a vacant
shop. He felt that Fry Street was not in a Central Business
district. He asked that if the Fry Street area was included in a
central business district, would it be eligible for block grant
funds the same as other businesses in the downtown and would fire
protection be equal in that area.
Council Member Perry asked for the total number of arrests and was
a majority of those arrests underage minors.
Matheson replied that of the approximately 200 arrests, the biggest
majority of those were for minor in possession which could include
someone of college age but less than 21. The figures did not
include persons 15-17 years of age. The figure was for 18 years
old and above.
Council Member Perry felt that there was a need to rely on the
Police Department with their direct experience when dealing with
the situation.
Council Member Cott asked that if the application were made for the
zone, would it have to be implemented.
City Manager Harrell stated that yes that could be done. The first
step was to consider a resolution authorizing staff to make
application to the Texas Alcohol Beverage Commission for this area.
If that were granted by State, then the Council could consider an
ordinance which would ban open containers in that specific area.
Staff hoped recent initiatives would help the problem on Fry
Street.
Council Member Miller felt that there was a definite problem on Fry
Street but was not sure that an open container ordinance would be
the solution. He felt that legal interpretations regarding
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City of Denton City Council Minutes
August 16, 1994
Page 27
Council's options on what they could do might be helpful. If a
large part of the problem was underage individuals in the area, a
new ordinance would not solve that problem. He supported the idea
of getting an interpretation of what would be a downtown area.
Council Member Chew felt that an open container ordinance might not
be the right way to go. He believed that there were enough laws on
the books to help solve the problems.
Council Member Smith was opposed to included the Oak Street section
in the downtown area. That was a historical district and the
residents there had rights. She would not like to see the Square
included in the area also. A definition of state law for a central
business district was that it was a compact and contiguous
geographical area. The Oak Street area was not compact. She felt
that the initiatives under way which worked with the businesses
owners would help. She was not in favor of asking for a
resolution.
Mayor Castleberry summarized that the Council wished to have staff
return with possibilities of what measures could be taken with the
current laws to help elevate some of the problems.
Council Member Smith added that the business owners be included in
order to find out what was needed and their views on the situation.
She felt more information was needed before considering proceeding
with any type of ordinance.
Consensus of the Council was to proceed with staff investigation of
possibilities of measures which could be done regarding the
problems in the area.
C. The Council received a report, held a discussion and gave
staff direction regarding a proposed resolution to the Texas
Municipal League regarding the appointment Process to city boards
and commissions.
Council Member Miller stated that this was not an attempt to change
the open meeting law as it served a good purpose for the citizens
of the State. There was one provision which had created problems
for cities. Until last year, it was legal for a Council to discuss
potential members for boards and commissions in executive session
as long as the nominations and elections were done in open session.
The Attorney General had determined that only if a board or
commission were a decision making board were those members
considered officers of the City. It was felt that it was unfair to
citizens willing to serve the City to have these discussions in
open meetings. He was proposing that the Council direct staff to
495
City of Denton City Council Mi~tes
August 16, 1994
Page 28
prepare a resolution to forward to the Texas Municipal League
asking fOr a technical correction to the open meeting law
clarifying this issue and stating that for purposes of discussion
for appointments to boards or commissions, the individual under
consid~ration could be considered officers of the City and the
di ~us ~n be held in executive session. This suggestion was for
p~ ~ction of citizens. This would not weaken the open
tin~ ~w.
~uncil Member Smith stated that the current interpretation
~ircumvented the open meeting law.
Council Member Chew agreed that the Council should consider this
resolution. He felt that this was an error in interpretation of
the current law.
Council Member Perry felt that the Council was much freer with the
<~rent system, it took less time and was performed in the open
~.~ch he liked. He had an equal opportunity in the selection of
members to the board/commissions.
Council Member Miller stated that the Council could use the same
system but do the discussions in closed session. The procedure
would stay the same but the discussions would be in closed session
and the nominations in open session.
Council Member Cott stated that he did not like anything which
would close open records.
Miller motioned, Chew seconded to direct staff to prepare a
resolution for Council consideration to forward to the Texas
Municipal League. On roll vote, Cott, "nay", Miller "aye", Smith
"aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye".
Motion carried with a 4-2 vote.
D. The Council received a report, hc~i~ - discussion and gave
staff direction regarding the formation o?' ue Ribbon Committee
to study the issue of fire protection in =ne downtown area.
Council Member Miller stated that this was a request for Council to
consider the formation of a committee to study the issue of fire
protection in the downtown area and to present recommendations for
Council consideration. He was not indicating that it was a wrong
decision to close Central Station. He suggested having a review
all aspects of the issue.
Council Member Smith suggested that with most of the possibilities
for various uses of the fire facilities and various station
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City of Denton City Council Minutes
August 16, 1994
Page 29
location, the Fire Chief and staff had worked to recognize the
potentials for locations of stations and response times based on
the standards and accepted requirements. Council made the decision
to close Station One based on the reports presented to Council by
the professionals based on their understanding of the requirements
for fire protection. The City's fire department was dedicated to
the protection for all of the citizens of Denton. The Department
was not a volunteer department run by non-professionals. The
Council agreed unanimously at the June 17th meeting to take
actions. One was to ask for reports on possible solutions ~
had not been presented as of yet. There was to be a repot
optional ways to help install sprinklers on the square. She
that there was not a need for a task force at this point in ti~
much as a need for completion of June 17 meeting. Once comple
and that information reviewed, the Council might decide to t-
some other action. Sprinklers were needed in other areas as
as the Square. Once the Council received the information and if
bond issue was needed, a task force might be needed.
Council Member Perry agreed with Council Member Smith.
Council Member Cott agreed with Council Member Miller as there was
a perception of inadequacy on the Square. A study would help solve
the issue.
Miller stated that the feeling of the downtown business owners was
that the decision to close Station One was not done in open forum.
Most of those decisions were done during the budget process in the
Civil Defense Room and when it came for a final decision, there was
little or no discussion. Council depended on the Fire Chief and
staff for information and any study would also use that input. His
understanding was the decision came from the Council and not from
the Fire Administration. The Council did not know if the citizens
would be willing to pay for more fire protection at a higher cost.
He felt there was a credibility issue and an issue of individuals
not being sure of how the process was done. Nothing was done in
close session but was in open session during the budget hearings.
Council Member Chew stated that the Council held a number of
meetings to discuss the issue. The issue was very well covered in
the newspaper and on the radio. The downtown people were aware of
what was happening. He was on the Council at that time and Council
Member Hopkins made the motion and he seconded the motion to close
Station One. He felt it was good decision at that time and still
felt so. He agreed with Council Member Smith to look at all areas
of the oo~munity for fire safety. There were a number of areas of
the community which did not have coverage. Even now, the response
time was within the allocated number of minutes to meet the City's
497
City of Denton City Council !~ nutes
August 16, 1994
Page 30
key rate. He also agreed with Council Member Smith that the
Council needed to proceed with the directions given at the June
17th meeting. He felt that if the downtown were to be secured,
sprinklers needed to be installed.
Art Seeley Jr. stated that there were citizens in the community who
were interested in fire protection and in a way to hire more fire
fighters. He asked the Council to be willing to explore different
options in regards to hiring more fire fighters and to reopening
the Central Fire Station.
Council Member Perry stated that he was on the Council when the
decision was made to close Station One. He stated that everything
which the Council considered was properly done and never anything
done which the general public did not have access to.
Council Member Miller stated that he was presenting the perception
of the downtown area and was not saying it was correct. He felt
there was a need to look at the whole city. Fire protection was
not limited to equipment only but included sprinklers, fire
detectors, etc. This was not a proposal for opening Station One
but have a task force to look at the whole issue.
Council Member Smith felt that the issue might come to a point
where a task force was needed. She preferred at this point in
time, to hear what staff would suggest and follow what the Council
decided to do on June 17th.
Mayor Castleberry stated that he was also a member of the Council
when the decision was made to close Station One. He did not feel
a task force was needed as the Council was elected to make
decisions. A decision was made on the issue and the opticom system
was being installed in more intersections which would reduce
response time. He was anxious to get the staff reports and to push
for sprinkler systems in the buildings.
Council Member Cott felt that the downtown area was the true center
of the City and the first entrance of the City. If it were
destroyed, there was no other place in Denton which could so hurt
the economy of City. He felt that Council Member Miller was
correct on this issue.
Council Member Miller stated that he was not suggesting that the
task force would make any decisions or that any decision that a
prior Council made was incorrect. He felt that now was the time to
reconsider that decision and now was a good time for a citizen task
force to assist with the process.
498
City of Denton City Council Minutes
August 16, 1994
Page 31
Council Member Smith stated that the Denton Record-Chronicle had
published-an editorial endorsing the action the Council decided.
Mayor Castleberry agreed that that had been done.
Council Member Smith stated that the Council's action was well
known in the community and reported accurately.
Miller motioned, Cott seconded to direct staff to prepare a
resolution to establish a citizens task force to review fire
protection in the entire downtown area.
On roll vote, Cott, "aye", Miller "aye", Smith "nay", Chew "nay",
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-4
vote.
11. There was no official action taken on the Executive Session
items discussed during the Work Session.
12. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller asked that staff prepare
information on the Corbin Road situation regarding the low water
crossing and any options available.
13. The Executive Session was not held during the Regular Session.
With no further business, the meeting was adjourned at 10:15 p.m.
NNI F~ WALTERS
TY ~RETARY
CITY OF DENTON, TEXAS
BOB CASTLEBERRY, MAY~R ~
CITY OF DENTON, TEX~S
/
ACC00204