Minutes August 2, 1994CITY OF DENTON CITY COUNCIL MINUTES
August 2, 1994
The Council convened into the Executive Session on Tuesday, August
2, 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 discussed the following in Executive Session:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered a claim against Wiltel, Inc.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, August 2,
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 received a presentation and held a discussion
regarding a hotel/motel tax recipients budget by the Denton
Convention and Visitors Bureau.
George Highfill, Chairman-Denton Convention and Visitors Bureau
Advisory Board, stated that the Bureau had forwarded to Council
their 1993 goals and results, and the 1994 proposed budget and
audit report. He was available to answer any questions which the
Council might have regarding those documents. The proposed budget
was $284,538 which was an increase over last year. The 1993-94
budget included $187,000 from the occupancy tax and $46,000 from
the reserves. That money had not been used and was available to be
used for the next year. Total reserves were approximately $97,000
and it was proposed to use approximately $90,000 for an aggressive
advertising campaign for the City.
Mayor Castleberry asked for a highlight on the Chamber's new sign
program and the tourist bureau.
Highfill noted the location of the highway signs and the messages
which they reDresented. A Visitors Information Center was opened
this year at Exposition Mills and volunteers were used in the
Center to assist with giving out information.
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City of Denton City Council Minutes
August 2, 1994
Page 2
Joann Ballentine, Executive Director-Denton Convention and Visitors
Bureau, stated that an agreement had been worked out with the Texas
Department of Transportation to have signs erected to direct
individuals to the Visitors Center. The Visitors Center was
popular with residents and with guests.
Council Member Smith asked about a visitor center at the Golden
Triangle Mall area.
Ballentine replied that they were working on a center at the Mall
area.
City Manager Harrell expressed a concern about using $90,000 of the
reserve to fund the operating budget. Would that money be used for
one time expenditures which would not reoccur the following fiscal
year. If they were on-going, how would that shortfall be made up
the following year.
Highfill replied that the intention was that the efforts in
advertising would generate more visitor traffic for the hotels and
motels. Those efforts would increase their budget in a like
amount. If not, they would decrease their budget.
City Manager Harrell stated that the Chamber could scale down
without too much effort.
Highfill replied yes because they would be doing contract labor.
2. The Council held a briefing on the scope of the City/Chamber
of Commerce Competitive Analysis Study and related contract and
gave staff direction.
Richard Hayes, President - Chamber of Commerce, stated that several
meetings had been held to review the suggestions presented by
Council regarding the contract. The thrust of the study would be
what could be done for economic development now. It focused on not
what could be reinvented but what could be done now. The time line
for the study was to have a mailing to companies the following day
with proposals returned by the 14th of August. Interviews would be
held in several weeks with the companies who responded with a
hiring date of September 1. He reviewed the scope of services and
questions which would be addressed in the study. A committee of
four individuals from the City and four from the Chamber would
review the responses to the proposals by the companies.
Council Member Perry suggested that an additional question to
consider would be what could be done to attain standards in air
quality.
City of Denton City Council Minutes
August 2, 1994
Page 3
Hayes replied that when location factors were addressed that would
be included.
Council Member Cott suggested that the questions be changed by
professional marketing people who knew that the questions would be
correct.
Perry motioned, Smith seconded to proceed with the project. On
roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. The Council received a report and held a discussion concerning
receipt of hotel/motel tax funds by Science Land of Denton and gave
staff direction.
City Manager Harrell indicated that staff had presented a detailed
summary at the Council's last meeting regarding this request.
Council had requested that the item be placed on the next agenda
for staff direction.
Mayor Castleberry asked if Science Land was eligible for Lalor
funds.
Debra Drayovitch, City Attorney, stated that she had had a
conversation with the head of the Municipal Affairs section of the
Attorney General's office who indicated that it appeared that the
expenditure of hotel occupancy tax funds to a museum such as
Science Land in a mall would not qualify under the Act. The
question to the Attorney General's Office centered around
expenditures of payment for utilities and salaries. She had had a
discussion with Dalton Gregory regarding the information from the
Attorney General's office and the expenditures which were allowed
under the State statute. One of those expenditures was
solicitation of visitors to the municipality Or its vicinity. They
specifically talked about advertising in periodicals and billboards
which would attract visitors to the City of Denton. They also
discussed whether it would make a difference if the museum were
housed in a historical building.
Dalton Gregory presented Council with information regarding a
visitor survey done at the museum which indicated where the
visitors were from and whether they were there to strictly visit
the museum. They also conducted a survey of other cities with
museums to determine how those museums were funded. The cities in
the ~urvey with similar museums which were not funded through
hotel/motel dollars were being funded through general fund dollars.
City of Denton City Council Minutes
August 2, 1994
Page 4
Council Member Cott stated that in March 1995 this organization
could apply for funds from the hotel/motel dollars.
Mayor Castleberry stated that they could apply but that the current
interpretation was that they would not qualify for the funds.
Council Member Cott asked how the City could help the organization.
Gregory stated that they needed dollars for advertising as they
needed to promote their museum. The most pressing problem was the
need for dollars to keep the utilities on and to keep the doors
open.
Council Member Cott stated that first the organization needed help
with its utilities and second it wanted a chance at some of the
Lalor funds. Those funds were 100% taken and this request might
cause a "fight" for any future funds.
Gregory replied that they did not want to get into a fight over the
funding. His concern was that currently 8.52% was designated as a
reserve. He understood that part of the reserve was already
earmarked for replacement of the Civic Center roof but even after
that expense there would be some money left over. He was not
particular where the money came from but that they were in a
situation were funds were necessary.
Council Member Miller stated that the City had $20,000 in reserve.
The museum was in need of approximately $1000 per month for 7
months. He suggested that staff investigate why the museum would
not qualify for the funding. Without committing future
obligations, he would like to help the organization survive. He
proposed to have Legal review the research materials received and
place on another work session for discussion. He would like to
help Science Land survive the next months though creative
financing.
Mayor Castleberry suggested increasing the admission price.
Gregory replied that they would be considering that issue but that
it was not a great way to generate revenue as it was necessary to
consider what market would bear.
Mayor Castleberry expressed a concern that the City might be
starting a practice for which there might not be enough money to
handle all the requests.
City Attorney Drayovitch stated that up to 15% of the money a city
received from hotel/motel occupancy tax funds may be appropriated
City of Denton City Council Minutes
August 2, 1994
Page 5
for the arts. The statute relating to museums deal with historical
museums.
Miller motioned, Smith seconded to direct staff to research the
issue to determine if science Land could use Lalor funds and to see
if there was a way the City could fund the project at $1,000 per
month until March of next year. On roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
4. The Council considered amendments to the City Council Rules of
Procedure.
City Attorney Drayovitch stated that a copy of the rules which had
been amended to reflect the items discussed at the Council's annual
planning session had been included in the agenda packet.
References to "him" in the rules had been changed to "him/her" or
"he/she" were applicable. The proposed amendment for Article 4.3
which governed work session meetings clarified procedures for
citizen participation at those work sessions. It provided that
notice would be given to citizens of the input which would be
permissible and that if the Mayor invited citizens to participate,
the participation would cease when the Mayor closed the session to
public input to allow the Council to give staff direction for
future meetings without distracting comments from the audience.
Council Member Miller stated that that would be explained at the
beginning of each work session.
City Attorney Drayovitch stated that the intent was that there
would be a printed notice on the agenda and the Mayor would read
that at the beginning of the work session. Article 4.7 was a
change necessary to comply with the Open Meetings Act for
subcommittee meetings. The Council already followed such procedure
and this would put that practice in writing. Article 6.1 dealt
with placement of items on the agenda. There had been some
confusion in the past regarding the method of placement on the
agenda by council members. The new language provided that a
council member may place an emergency item on an agenda if it was
approved by two members of the agenda committee. The remainder of
the item for placement on the agenda was in Article 6.3 which
provided that any council member may suggest an item for discussion
at the next work session. The City Manager or City staff would
respond preliminarily on this item at that work session and if
Council directed that staff provide a more detailed review the
Council would give direction to the City Manager accordingly.
Article 7.9 was a clarification of a long standing practice of when
a council member abstained from a vote because of a conflict of
City of Denton City Council Minutes
August 2, 1994
Page 6
interest, the member shall leave the Council Chambers. Article
7.11 governed reconsideration. Currently a motion for
reconsideration may be made by someone who voted with the majority
and this would be changed to reflect that a motion for
reconsideration may be made by a member who voted with the
prevailing side which was in accordance with Roberts Rules of
Order. Reconsideration or reintroduction of an item allowed for
reintroduction of an item six months after it had been acted on
unless the rules were suspended.
Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting on Tuesday, August 2,
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. Citizen Reports
A. The Council received a citizen report from Don Wheeler
regarding commercial vehicle traffic on residential streets.
Nolan Craven stated that Mr. Wheeler was not able to attend the
meeting. There were City ordinances which governed commercial
vehicular traffic on residential streets but in many cases those
ordinances were not being strictly enforced. Mr. Wheeler had
submitted a report to Jerry Clark, the City Engineer. This report
outlined various items which needed to be incorporated into a new
city ordinance. He asked Council to consider Mr. Wheeler's
request.
Mayor Castleberry stated that copies of Mr. Wheeler's letter would
be given to Council. Three years ago the Council worked on an
ordinance dealing with commercial vehicles on properties. Mr.
Wheeler's letter would be distributed and staff would be asked to
study it for existing ordinances.
City of Denton city Council Minutes
August 2, 1994
Page 7
3. Citizen Requests
A. The Council considered a request for an exception from
the noise ordinance for the North Texas State Fair and Rodeo,
August 19 - 28, 1994, at the North Texas Fairgrounds.
Joseph Portugal, Assistant to the City Manager, stated that James
Roden had requested an exception for the North Texas State Fair and
Rodeo from August 19-28. The exception was requested for August
22-25 until 11:00 p.m.; August 19, 20, 26, and 27 until midnight;
August 21 from 1:00 p.m. to 11:00 p.m and August 28 from 8:00 a.m.
to 4:00 p.m. These dates were approximately the same as what was
approved last year. Last year, residents of the area had asked for
a temporary no parking zone during the event which was approved by
Council. This year, staff initiated the procedure for the
temporary no parking zone. The Traffic Safety Commission approved
the request last evening and this item was on the agenda for later
Council consideration.
Council Member Chew asked about church services in area on Sunday
with an exception from 8:00 a.m. to 4:00 p.m.
Bob Powers, Fair Association, stated that on Sunday the only event
was the dairy goat show with no music.
Council Member Chew asked about the first Sunday when the exception
was for 1:00 p.m. to 11:00 p.m.
Powers stated that bands would be performing during the evening but
not during the day. There had never been a problem with the
churches in the past.
Council Member Chew stated that there had been some opposition from
the area pastors in the past.
Belinda Martin expressed concern for the variance exception. She
had three small children and the noise from the Fair and other
events held at the Fairgrounds had affected her family and woke up
her children. Several~ events had occurred at the Fairgrounds
without any exceptions granted for some of the events. The Fair
would take place during the second week of school. There were also
on-going problems as trash, loitering in the neighborhoods, and
trespassing on private property.
Council Member Perry asked about loud music without a variance.
Powers stated that one event took place without a variance. The
individuals with the event thought that they did not need a
City of Denton City Council Minutes
August 2, 1994
Page 8
variance as it came with the rental of the grounds. They were told
that that was incorrect. He felt that perhaps they would have to
put into their contract that a noise variance was the
responsibility of the renter of the grounds.
Council Member Perry asked if Powers was aware of an event without
a variance.
Powers stated that he was aware of only one event. The Fair
respected the neighborhood. As soon as the bands started at the
Fair, he drove the area streets in his car to check the noise
levels. He stood outside his vehicle to determine the noise level
a~d if it was too loud, he went back and had the volume reduced.
He did that every hour during the performance of the bands.
Cott motioned, Miller seconded to grant the variance.
Council Member Perry felt that events at the Fairgrounds impacted
and impinged the neighborhoods. He knew that the event could take
place without loud music, etc.
Mayor Pro Tem Brock stated that she received calls last year from
area residents regarding the noise. The volume at the entrance to
the Fairgrounds might not be too bad but further away the volume
would be much louder.
Mayor Castleberry stated that he also drove the streets during the
Fair and felt that this event was similar to other events in Denton
such as the Arts Festival and Cinco de Mayo which all had loud
noises.
Council Member Miller stated that the Council granted variances for
many other events similar to the Fair. He respected the concerns
of Ms. Martin. Another area resident had expressed to him that the
noise level was acceptable. This individual had expressed concern
regarding the past behavior of persons going to and from the Fair.
Those behaviors had improved during the years with increased police
participation and Fair official participation. The Fair had
changed its Dublic address system and had tried to work with th~
neighborhood.
Mayor Pro Tem Brock stated that while the Council granted variances
for the Arts Festival it was only a once a year event plus it ended
at 8:00 p.m. and not late at night. She was concerned about the
ending time of 11:00 p.m. on a Sunday nigh~ a~ ~h~ b~ginning of the
school year. The Fair could function if it closed at 9:00 p.m.
instead of 11:00 p.m.
City of Denton City Council Minutes
August 2, 1994
Page 9
Council Member Perry stated that it was automatically assumed that
the granting of a variance was a license to exceed the bounds of
what was responsible. He agreed that the Monday through Thursday
times could be moved back without any damage to the Fair.
Council Member Smith stated that the proposed closing time for
August 22-25 was 11:00 p.m. each night which was all during school.
She felt it was hard for children to go to school if they were up
until 11:00 p.m. She also wondered whether the area became quiet
after 11:00 p.m. as people were still leaving and moving out of the
Fairgrounds.
Powers replied that there was some noise but once the band stopped,
most individuals were out of the Fairgrounds after 10-15 minutes.
There probably was some noise but not much. The Fair officials
drove the streets at least once an hour to determine the noise
level.
Mayor Castleberry stated that he lived close to the Arts Festival
and when it was on, he could hear it as though he was at the event.
He knew that this was an annual event and he could tolerate it
during that day. Other residents on Denison Street had indicated
that they were in favor of the Fair.
Council Member Cott asked for the penalty for a violation of the
variance.
City Attorney Drayovitch stated that a violation of the noise
ordinance was a Class C misdemeanor with a fine from $10-$500 plus
associated court costs.
Council Member Cott stated that he was willing to withdraw his
motion if the Fair Association would reconsider the proposed hours.
Mayor Castleberry felt that the time frame was too short to
consider it at the next Council meeting.
On roll vote, Brock "nay", Cott, "aye", Miller "aye", Smith "nay",
Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion
failed with a 4-3 vote.
Mayor Castleberry asked how the vote would affect the Fair.
Powers stated that they would have to cancel part of the Fair
contracts with the bands. They had had the variance for several
years and assumed that they would have been granted it again this
year. On that basis, they went ahead and contracted with the bands
and the entertainment.
City of Denton City Council Minutes
August 2, 1994
Page 10
Council Member Smith stated that the Council and the Fair
Association had this same discussion last year, had talked about
the fact that the bands were already hired and on that basis
approved the variance. That did not seem to influence the planning
of this year's function and that the Council preferred to not have
the event go so late during school nights.
Powers agreed that they had discussed the issue and assumed that
the variance would be approved this year, especially since it had
not been discussed any time during the year. They had proceeded as
they had done in the past. They always watch the noise during the
Fair. He requested that the Council grant the exception this year
and as soon as the Fair was over, they would meet with staff and
the neighbors to work out the issues.
Council Member Miller suggested that a requirement be made that an
organization appear before Council a certain number of months prior
to an event to work out all details. Up until three years ago the
Fair did not receive a variance and he urged the Council to
reconsider the request for this year and lay the ground rules for
the following years.
Council Member Perry stated that the back-up materials indicated
that at the same time last year, he had specifically requested the
Fair to look far ahead to this occasion and try to make plans more
in line with neighborhood. He had also tried to set up a mediator
to work through the details. He had been told that the Fair
Association was not interested in any kind of mediation.
Powers stated that last year the Fair spent $5000 on a sound system
to help with the noise of the rodeo. If the Council approved the
variance for this year, as soon as possible after the Fair they
would meet with the City to deal with the issues for the following
year.
Mayor Castleberry stated that many volunteers worked with the Fair
and they had to ask for a variance each year. He was sorry the
Fair had to go through this every year. He appreciated all the
Fair did and felt it was sad that they had to come each time for
this variance. The vote had been taken unless someone asked for a
reconsideration.
4. Public Hearings
A. The Council held a public hearing and considered the
rezoning of a 79.93 acre tract located on Hickory Creek Road at
Montecito Drive from Planned Development 112 to One Family Dwelling
District (SF-7). (The Planning and Zoning Commission recommended
City of Denton City Council Minutes
August 2, 1994
Page 11
approval, 6-0).
Frank Robbins, Executive Director for Planning and Development,
stated that this was a downzoning from the original zoning on the
property. There was an associated preliminary plat on the Consent
Agenda. If there was a problem with the zoning, the plat should not
be considered. Sixty feet of right-of-way was being dedicated on
the center line of Hickory Creek Road which was the proposed
location of Loop 288 plus a fifty foot main building set back line
as part of the plat.
The Mayor opened the public hearing.
Fred Gossett stated that he would respond to any Council questions.
Council Member Perry asked about drainage in the development.
Gossett stated that the drainage was to the pond area to Fletcher
Creek. Fletcher Creek would become a flood way and the engineers
did not anticipate any great amount of flood water. In the future
they would like to clean up the drainage area for a walkway.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Miller stated that the City had a policy that it
would not accept less than 5 acres for a park.
Robbins replied correct. This particular site would be difficult
to add facilities on it as it had a pond.
Council Member Miller asked if 3.6 acres would serve this area. Was
it possible to look at an exception rather than turn down the
offer.
Robbins replied that it was not a fast rule and if the developer
proposed the site, it would be a separate decision regarding the
proposal.
Council Member Miller wanted to make sure that it was part of the
discussion to not automatically turn down the offer because it was
smaller than five acres.
Gossett stated that there were some very significant trees in the
area of the pond and housing would never be on that area and the
trees would not be disturbed. He had a very positive experience
working with the City and appreciated the work of the staff.
City of Denton City Council Minutes
August 2, 1994
Page 12
The following ordinance was considered:
NO. 94-134
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 112 TO ONE FAMILY
DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 79.93 ACRES OF LAND LOCATED ON THE NORTH SIDE
OF HICKORY CREEK ROAD AT MONTECITO DRIVE; 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, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Consent Agenda
Brock motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Bo
Ce
Bids and Purchase Orders:
1. Bid #1645 -
2. Bid #1648 -
3. RFSP #1640 -
Certification Testing of CEMS on
Steam Generators
Cracked Sealant
Computerized Fuel Management System
Plats
Considered approval of the preliminary plat of The
Oaks of Montecito. The 79.93 acre tract was
located on Hickory Creek Road at Montecito Drive.
(The Planning and Zoning Commission recommended
approval, 6-0.)
Tax Refunds
Considered approval of a tax refund for Billy J.
Mosley/Colonial Savings in the amount of $1,038.81.
City of Denton City Council Minutes
August 2, 1994
Page 13
6. Ordinances
The Council considered the Consent Agenda ordinances A. and B.
A. NO. 94.135
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMEN~i,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(5.A.1. - Bid #1645 and 5.A.2. - Bid #1648)
NO. 94-136
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. (5.A.3. -'RFSP #1640)
Brock motioned, Smith seconded to adopt the ordinances for the
Consent Agenda. On roll vote, Brock "aye", Cott, "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor CastleDerry
"aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the City Manager to execute an amended agreement with
the Denton Chamber of Commerce to expand the scope to include
coordination of special studies, research and analysis.
Linda Ratliff, Economic Development Coordinator, stated the
proposed ordinance provided for an amendment to the economic
development agreement. The amendment added an item which charged
the Chamber with the duty to conduct a marketing study as agreed
upon by the City and the Chamber. This would allow the Chamber to
enter into a contract with a consultant to perform the competitive
analysis study. It also provided that the amount would not exceed
$25,000 to reimburse the Chamber one-half of the cost.
The following ordinance was considered:
NO. 94-137
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
FOR THE PURPOSE OF PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC
City of Denton City Council Minutes
August 2, 1994
Page 14
DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing a compromise settlement agreement in Brown v. City.
The following ordinance was considered:
NO. 94-138
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE AND
SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF W. LAMONT
BROWN AND ANNE BROWN V. JAMES DARRELL MAYSE AND CITY OF
DENTON, TEXAS; AND DECLARING 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 considered adoption of an ordinance accepting
the dedication from N.W. Realty, Inc., approximately 0.569 acres of
land needed for street and utility purposes in conjunction with the
extension of Morse Street. (Planning and Zoning Commission
recommended approval, 5-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that when the plat was approved, the driveway and street
were off-site and not part of the plat. In order for the
development to continue access to Woodrow, the property must be
dedicated to the City.
The following ordinance was considered:
NO. 94-139
AN ORDINANCE ACCEPTING THE DEDICATION FROM N.W. REALTY, INC.,
OF APPROXIMATELY 0.569 ACRES OF LAND, SITUATED IN THE M.
AUSTIN SURVEY, NEEDED FOR STREET AND UTILITY PURPOSES IN
CONJUNCTION WITH THE EXTENSION OF MORSE STREET, AND DECLARING
AN EFFECTIVE DATE.
City of Denton City Council Minutes
August 2, 1994
Page 15
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.
F. The Council considered adoption of an ordinance vacating
a certain public utility and drainage easement recorded in volume
2865, page 0152 of the real property records of Denton County,
Texas for the proposed East Oaks Phase II located east of Audra
Lane. (The Planning and Zoning Commission recommended approval, 6-
0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a vacation associated with a subdivision. Oak
Valley was now a dedicated street so that the drainage had be to
dealt with as part of the street construction. The northern
easement was being replaced with a similar easement.
The following ordinance was considered:
NO. 94-140
AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT RECORDED IN VOLUME 2865, PAGE 0152 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Cott seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance
temporarily prohibiting the parking of vehicles on both sides of
Carroll Boulevard from its intersection with Fain Street to its
intersection with Headlee Street, portions of Denison Street,
portions of Bolivar Street, a portion of Ross Street, a portion of
Strata Drive, and a portion of Fain Street, said streets being
located around the North Texas State Fairground, during the annual
North Texas State Fair and Rodeo to be held from August 19, 1994
through August 28, 1994.
City Manager Harrell stated that staff had recommended approval of
this no parking zone and it had been endorsed by the Traffic Safety
Commission last evening.
Council Member Miller asked if the Fair was still requesting this
issue.
City of Denton City Council Minutes
August 2, 1994
Page 16
City Manager Harrell stated that the request had not originated
with the Fair Association. It originated last year from the
neighbors and this year, staff brought the issue to the Traffic
Safety Commission.
Council Member Perry felt that the parking restriction was very
effective and useful last year.
The following ordinance was considered:
NO. 94-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY
PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL
BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS
INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET
FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA
DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN
STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS
STATE FAIR AND RODEO TO BE HELD FROM AUGUST 19, 1994 THROUGH
AUGUST 29, 1994; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS; AND DECLARING 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.
H. The Council consider adoption of an ordinance prohibiting
parking of vehicles on the north side of West Mulberry Street from
its intersection with South Carroll Boulevard to its intersection
with Bernard Street. (Traffic Safety Commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that the item had been
approved by the Traffic Safety Commission and started as a request
from area neighbors. Originally the request had been for an 8:00
a.m.-5:00 p.m. time frame but was amended by staff for a 24 hour
City of Denton City Council Minutes
August 2, 1994
Page 17
time period. Staff had recontacted the neighbors regarding the
amended time frame and the Traffic Safety Commission recommended
approval.
Council Member Smith asked if there would be adequate parking for
the tenants of the surrounding apartments.
Svehla replied that the building code required certain amounts of
parking depending on the size of the complex. He understood that
there were three apartment complexes in the area and all had that
kind of off-street parking. Parking had been part of the
discussions and the owners were in favor of the proposal.
Lars Anderson stated that he had signed a petition as it was
originally sent around the neighborhood. Most of the resident's
concerns were with student parking. If the no parking were
strictly on the south side of Mulberry, all parking would be
eliminated all day long for his business. At times he did not have
enough parking spaces for funerals and needed the off-site parking
on the street. Some retirement homes needed the parking on the
street for their elderly patrons. He was in opposition to the
proposal as it stood as it would hurt his business for parking.
The following ordinance was considered:
NO. 94-142
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON'THE NORTH
SIDE OF WEST MULBERRY STREET FROM ITS INTERSECTION WITH SOUTH
CARROLL BOULEVARD TO ITS INTERSECTION WITH BERNARD STREET WHEN
SIGNS ARE POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00);
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Cott motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "nay", Cott, "aye", Miller "aye", Smith "nay", Chew
"nay", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 4-3 vote.
I. The Council considered adoption of an ordinance amending
portions of Chapter 18, Article III, relating to the designation of
parking spaces for the exclusive use of disabled persons at the
Denton Municipal Complex located at 601 E. Hickory Street. (The
Traffic Safety Commission recommended approval.)
Bruce Hennington, Facilities Manager, stated that this ordinance
would deal with the disabled parking at the Denton Municipal
Clty ~f ........ ~,, C~,,ncil Minutes
August 2, 1994 ~'~J '~
Page 18 ,
Complex. At the Council's planning seminar staff was directed to
proceed immediately with the no parking at the Complex. There were
two parts of the ordinance and at the Council's next meeting an
ordinance dealing with no parking at the Complex would be
considered. He reviewed the parking designations for the no
parking areas and for the disabled parking areas.
Council Member Smith asked about the ADA requirements for the
College and did the City have to provide accessibility.
Hennington replied that there was an elevator for the upper floor.
Council Member Smith asked about parking for the disabled.
Hennington replied that the parking across the street me~ the
requirements to be within 200 feet of the building.
The following ordinance was considered:
NO. 94-143
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 18, ARTICLE III, RELATING TO THE DESIGNATION OF
PARKING SPACES FOR THE EXCLUSIVE USE OF DISABLED PERSONS UPON
PUBLIC PROPERTY; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN
CONFLICT THEREWITH; PROVIDinG FOR A SEVERABILITY PROVISION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR
VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously. --
J. The Council c~nsidered adoption of an ordinance amending
the.chapter 19 of the ~ode of Ordinances; providing for terms of
offlce for municipal j~ges; and providing for a transcript fee.
City ~tt~rn~--b~-~i~h stated that this ordinance ratified the
action taken by Council at the prior meetin~ which appointed one
municipal judge and two assistant municipal judges for two and one
year terms respectively. This a~tion would be placed in the Code
of Ordinances and also authorized a transcript fee for the
preparation of transcripts during appeals.
The following ordinance was considered:
445
City of Denton City Council Minutes
August 2, 1994
Page 19
NO. 94-144
AN oRDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 19
OF THE CODE OF ORDINANCES; PROVIDING FOR TERMS OF OFFICE FOR
MUNICIPAL JUDGES; PROVIDING FOR A TRANSCRIPT FEE; 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.
K. The Council considered adoption of an ordinance
authorizing the City Manager to execute a supplemental agreement
between the City and Missouri Pacific Railroad Company for
additional parking on Railroad Avenue.
Bruce Hennington, Facilities Manager, stated that the agreement
would allow the City to obtain more land for parking on the
railroad side on the building. The City currently leased property
from the Railroad and this agreement would obtain more property
north of the existing lot. This would increase the parking to 40
more spaces and a possible agreement with North Central Texas
Community College to lease those spaces. The City would work on
the lot if Council approved the agreement and later would pave
those spaces.
The following ordinance was considered:
NO. 94-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE
CITY OF DENTON AND MISSOURI PACIFIC RAILROAD COMPANY FOR
ADDITIONAL PARKING; AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Resolutions
A. The Council considered approval of a resolution approving
the submission of a proposed project to the North Central Texas
Council of Governments and the Texas Department of Transportation
as a candidate for Statewide Transportation Enhancement Program
funding.
446
City of Denton City Council Minutes
August 2, 1994
Page 20
Rick Svehla, Deputy City Manager, stated that the grant would
submit Denton City Hall West for a sprinkler system.
The following resolution was considered:
NO. R94-035
A RESOLUTION APPROVING THE SUBMISSION OF A PROPOSED PROJECT TO
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE TEXAS
DEPARTMENT OF TRANSPORTATION AS A CANDIDATE FOR STATEWIDE
TRANSPORTATION ENHANCEMENT PROGRAM FUNDiNG; AND PROVIDING FOR
AN EFFECTIVE DATE.
Smith motioned, Brock seconded to approve the resolution.
Mayor Pro Tem Brock suggested that letters of support for the grant
be included with the grant.
Svehla replied that they would be receiving letters from Main
Street and the Historical Commission and could use letters from
individuals as well.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered approval of a resolution
appointing Tom Harpool to the TMPA Board of Directors.
City Manager Harrell stated that this resolution would ratify
earlier action by the Council.
The following resolution was considered:
NO. R94-036
A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS
OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The .Council c°nsiQered approval of a resolution
reco~e~ding University Drive as the site for placement of the 1993
Governor,s Community Achievement Award landscaping grant.
447
City of Denton City Council Minutes
August 2, 1994
Page 21
Cecile Carson, Community Improvement Coordinator, stated that this
was a confirmation to be sent to the Department of Transportation
concerning the placement of the $100,000 award that the City of
Denton received in 1993 for being first place in the Governor's
Community Achievement Award. In September 1993, the Keep Denton
Beautiful Board and the City Council met in a joint session to
discuss possible locations for use of the grant and University
Drive was identified as the location. Since that time, staff had
been working to identify the location which specifically would be
includedand to also verify that the funding could be used in that
location. There were four areas to be included in the $100,000
award. The first was west of University Drive at the median area.
At this time it was unsure whether the landscaping would be placed
only in the median or in both of the triangular areas as well. It
was hoped that some of the landscaping could be used in some of the
triangular areas as well. The second area was the median east of
Cornell Street to be built following the expansion of University
Drive. The third area was the intersection of Hinkle and
University which would leave an area for visibility and
landscaping. The fourth area was a change from the current
construction as the current crossover would be changed. Shrubs and
seasonal flowers would be planted for vehicle viability until the
crossover was removed. The Department of Transportation had
started some preliminary planning on this request. It was their
hoped to have the drawings and conceptual plans to the City in
October and begin construction March of 1995. It might be
necessary to have the City assist in moving dirt and other
materials and those arrangements had been made.
The following resolution was considered:
NO. R94-037
A RESOLUTION RECOMMENDING A LOCATION FOR THE STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION LANDSCAPE GRANT AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
8. The Council considered appointments to the committee in charge
of selecting a consultant for a Competitive Analysis Study.
City Manager Harrell stated that in the agreement approved by
Council which the Chamber of Commerce would execute with their
consultant, it was noted that the consulting firm as well as the
448
City of Denton City Council Minutes
August 2, 1994
Page 22
final scope of services would be agreed on by a committee composed
of four members of the Chamber and four members appointed by the
Council.
Council Member Smith nominated Mayor Castleberry, Council Member
Miller, Mayor Pro Tem Brock and Betty McKean to the Committee.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye" Perry "aye" and Mayor Castleberry "aye"
' , · Motion
carried unanimously.
9. The Council received submission of the effective tax rate and
rollback tax rate.
Kathy DuBose, Acting Executive Director for Finance, stated that in
accordance with the Truth in Taxation requirement under the
Property Tax Code, a taxing unit was required to publish notice of
the effective tax rate and the rollback tax rate. The effective
rate was that rate based on the updated values of properties from
the current year that would generate the same revenue in the
upcoming year. The rollback rate was based on an 8% increase in
the rate categorized for operations and maintenance. A taxing unit
also had to publish notices and hold hearings if a proposed tax
rate exceeded the lower of three percent over the effective tax
rate or the rollback rate. Based on the certified appraisal roll
and an updated sales tax estimate from the State Comptroller's
Office, the certified effective tax rate was $.5689 per $100
valuation, the rollback rate was $.5947 per $100 valuation and the
notice in hearing rate was $.5859. She compared the certified
appraisal rolls over the past several years. From 1987-1993 there
was only one year which had an increase in value. The proposed
budget was based on a 1 1/2% decrease. The certified roll came in
2/3's of a percent higher than the preliminary roll. Based on the
updated sales tax figures and property, tax variables, the
preliminary effective tax rate was recalculated at $.5821. The
certified rate was 1 1/3 cents under that updated number.
City Manager Harrell stated that when the City went to the voters
for a sales tax increase, it was pledged that if the sales tax was
passed, property taxes would be decreased by approximately 20%.
Because of better sales tax receipts and a recommendation of a
budget which was under the effective tax rate, the reduction would
be greater than 20% and might possibly be reduced to 24.5% or 25%.
10. The Council received submission of the certified collection
rate.
Harlan Jefferson, Treasurer, stated that the State Property Tax
449
City of Denton City Council Minutes
August 2, 1994
Page 23
Code required a certified collection rate used to calculate the
effective .tax rate. That figure was 100%. At the end of the last
fiscal year, 97.95% had been collected of the current year taxes.
At the end of July 1994, 97.94% had been collected. It was felt
that the collection rate could be met as it included current taxes
plus delinquent taxes, rollback taxes, and penalty and interest.
11. The Council considered an appointment to the City's Data
Processing Advisory Board.
Mayor Castleberry stated that the nomination of Bruce Mitchell had
been made at the last meeting.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
12. Vision Update
Council Member Miller stated that the Cabinet had had a meeting in
the morning. The impact groups continued to meet with positive
results and they were getting ready for the October meetings when
each group would make public reports on their progress. The
Cabinet recognized the need to communicate very closely with the
impact leaders so that the information from the groups carried
through to all groups. A specific meeting would be established on
August 15 for the purpose of having the impact leaders discuss with
the Cabinet their needs and wants.
13. Miscellaneous matters from the City Manager.
A. The Council returned to Work Session Item #4.
4. The Council considered amendments to theCity Council Rules of
Procedure.
City Attorney Drayovitch stated that Article 10.1 provided that
any provision of the rules not governed by the City Charter or Code
might be temporarily suspended by a majority vote of the Council.
Section 2.13 also provided that any provision of the rules not
governed by the City Charter or Code might be temporarily suspended
by the affirmative vote of four members of the Council. It was
felt that this was an unintentional duplication of the rules. One
other item which the Council requested was the feasibility of
adopting rules similar to the City of The Colony regarding tie
votes. The City of The Colony had adopted a rule which provided
that matters voted on by the City Council which ended in a tie vote
automatically were bought back before the City Council for action
45O
City of Denton City Council Minutes
August 2, 1994
Page 24
at the next meeting in which a full council would be present.
The Council's current rules provided for temporary suspension by
four votes of the Council.
Council Member Cott asked about the provision allowing two people
within two hours to call a meeting.
City Attorney Drayovitch stated that that was City Charter Section
4.4 in which in the case of emergency or urgent public necessity,
an emergency meeting could be called by the Mayor, the City Manager
or three members of the Council and post such notice two hours
before the meeting.
Council Member Cott asked what could be discussed at such a
meeting.
City Attorney Drayovitch stated that the rules did not indicate
what could be discussed but the Open Meetings Act provided that the
emergency had to be something unforeseen. It could not something
which was forgotten to be put on an agenda. The emergency had to
be an unforeseen situation in order to take action.
Council Member Cott asked about a quorum at that meeting.
City Attorney Drayovitch stated that the Charter provided that a
majority of the Council was necessary to pass any official action
which would be four members. If there were a conflict of interest
then only the members without conflict would constitute a quorum
and the majority would change.
Council Member Perry asked if there were a way to determine the
spirit of Article 10-1. Was this an accidental duplication or was
it done on purpose.
City Attorney Drayovitch stated that it could be researched again
but that the opinion was that the original rules were adopted
approximately 12 years ago and were patterned after another city's
rules which lead to a duplication.
Council Member Miller felt that the tie vote issue needed to be
considered further. The Council had been inconsistent in the past
on this issue.
City Attorney Drayovitch stated that the current rules provided
that any amendments to the rules needed to be introduced at one
meeting and voted on at a second meeting.
Consensus of the Council was to return with all of the amendments
451
City of Denton City Council Minutes
August 2, 1994
Page 25
at a future meeting.
B. Next Tuesday's meeting would begin at 4:00 p.m.
C. The next quarterly meeting with the DISD was set for
Wednesday, September 14, 1994. The City would be hosting the
meeting at the Denton Municipal Complex.
D. Hickory Creek Road was completed before the start of the
school year.
14. There was no official action taken on the Executive Session
Items discussed during the Work Session.
15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Chew requested that the Council revisit
the roadway solicitation issue.
B. Mayor Pro Tem Brock suggested a discussion of Council
membership on its various committees.
C. Council Member Miller suggested a work session item
regarding the appointment process of Board/Commission members in
open session and suggested a resolution be sent to TML to ask TML
to request a change in the law.
D. Council Member Miller asked for a work session item to
consider establishing a task force to consider the issue of fire
coverage for the downtown area.
16. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 9:15 p.m.
NNIy R WA,,TERS
TY~ECRETARY
CITY OF DENTON, TEXAS
ACC00200
BOB CASTL~
CITY OF DENTON, TEXA/S
/