Minutes September 13, 1994CITY OF DENTON CITY COUNCIL MINUTES
September 13, 1994
The Council convened into Executive Session on Tuesday, September
13, 1994 at 5:15 p.m. in the Civi~ Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The
Session:
ae
Council considered the following items in Executive
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Considered action in the matter of the appeal of
the decision of the TNRC in the application of
Bolivar Water Supply Corporation for an amendment
to CCN No. 11257; Docket Nos. 9824-C and 9447-C of
the Public Utilities Commission.
2. Considered claim of Jennifer Owens.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GO~'T CODE
Sec. 551.074
The Council convened into the Work Session on Tuesday, September
13, 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 report, held a discussion and gave
staff direction on the Employee Wellness Program - Corporate
Wellness Report - Executive Summary on ~articipation by City
employees in the Health Risk Assessment.
Tom Klinck, Director of Human Resources, stated that the long term
goals of the Wellness Committee were to reduce individual and
organizational costs for. the City's health insurance program.
Phase one of a five year program would implement a wellness
program, initiate health and wellness education and evaluate the
organizational profile. There were 465 participants in the
program. Each participant received a confidential report which
provided a health assessment for that individual. The city
received an overail assessment of the participants.
City of Denton City Council Minutes
September 13, 1994
Page 2
Rebecca Bender, Dynamic Health Enterprises, stated that the
Wellness Committee had done a great job getting the employees
interested in the program. She reviewed statistics concerning the
results of the program which indicated cardiovascular problems as
the major risk factor for employees. The second major risk factor
was cancer with 27% of the participants being smokers. Other risk
factors included accidents, lung disease, high blood sugar, liver
disease and stress. Recommended health actions included weight
reduction, fitness, exercise, and good nutritional foods. An
evaluation of the program indicated the program should continue.
K~inck stated that original cost projections were $19,000 and
actual costs would be $22,000. He was requesting that Council
authorize additional funding of $3,095.
Mayor Pro Tem Brock stated that those who did not participate in
the assessment were probably in worse condition than those who did.
Klinck replied that originally they were concerned that those who
participated in the program would be healthier and the results
might be skewed.
Bender stated that the program tended to bring in those already
health conscious. An added incentive might bring in those
individuals who were less likely to participate on their own.
Klinck stated that there was now a base line to work with.
City Manager Harrell stated that funds were included in the next
budget to continue the program for a second year. It was felt that
the participation rate would increase as employees discussed the
merits of the program.
Klinck stated that there was an anticipate~ 30% increase in the
program participation.
2. The Council received a report, held 'a discussion and gave
staff direction regarding the use of Lalor funds for Science Land.
Kathy DuBose, Acting Executive Director for Finance, stated that
several weeks ago Council had discussed a request from Science Land
to receive Lalor funds. Staff had met with Science Land and it
appeared that there were two categories science Land would qualify
for funding. The first was tourism in which $5,600 would be
eligible and the second was historical restoration in which $1,750
would be eligible. In total, $7,350 had been identified.
city of Denton City Council Minutes
September 13, 1994
Page 3
Council Member Cott asked why all of the closing dates were unified
on the Lalor fund contracts.
City Attorney Drayovitch stated that when the contracts were
renegotiated, all of the terms were for five years. The agreements
were based on the fiscal years of the entities which expired at
different times of the year. Council amended the contracts so that
all contracts would terminate at the end of March. That would give
the Council an opportunity to study the current method of fund
allocation and determine if any changes were desired.
Council Member Cott stated that any dollars in those funds were
generated by the organizations which were already receiving funds.
DuBose replied that the City had a $.07 per dollar allocation for
the hotel/motel occupancy tax allocation. A reserve fund was
established for any excess allocation.
Mayor Castleberry expressed a concern about an organization asking
the City to help them out of a difficult situation after being in
operation for 22 months. There were some reserve Lalor funds and
the City would be using some of those funds for the Civic Center.
He was concerned that the City was asked to use Lalor funds or City
funds to bail out a group. He felt it would be better for the
organization to ask the private sector for the funding.
Council Member Perry asked if Science Land was a local non-profit
organization or part of a larger organization.
Dalton Gregory, President-Board of Directors for Science Land,
stated that Science Land was formed in June of 1992 as a private
not-for-profit organization and was recognized as a 501C3
corporation.
Council Member Perry asked if it was a local Denton program.
Gregory stated that it was a member of the American Science and
Technology Centers which provided members with agreements to attend
other museums and network for technical assistance.
Council Member Miller stated that he understood the request for
funding was a one-time request in order to generate enough funds
during the next year so as to be self-supporting.
Gregory stated that the funding would help generate more traffic
through a marketing program involving tourism.
city of Denton City Council Minutes
September 13, 1994
Page 4
Mayor Castleberry stated that this would be a one-time request with
no future requests.
Gregory stated that he was not authorized by the Board to respond
to that question.
Council Member Smith asked that if the plan was for more outreach
and historical portions of the museum that would really help with
ongoing expenses. Would these initiatives cause additional
expenses.
Gregory replied that they would not provide additional expenses and
it was hoped that they would produce more revenue by attracting
more attendees to the museum.
Mayor Pro Tem Brock stated that since the Council would be
reviewing all organizations which received Lalor funds and as this
was a request for one time assistance, she felt it was a reasonable
use of funds.
Brock motioned, Smith seconded to authorize a one time expenditure.
City Manager Harrell stated that proper course of action would be
to direct the staff to deVelop a formal contract with Science Land
for the allocation of funds.
Brock and Smith indicated that the motion and seconded included
instructing staff to prepare the proper documents for the fund
allocation. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "nay".
Motion carried with a 4-3 vote.
3. The Council held a discussion and gave staff direction
regarding solicitation from the roadway.
Joseph Portugal, Assistant to the City Manager, stated that this
issue had been before Council on at least four previous occasions.
Since 1988 the City had had an ordinance prohibiting solicitation
on the roadways. The ordinance was developed in response to
numerous complaints and concerns expressed from the public. The
solicitation involved both business and charitable contributions.
Concerns expressed involved traffic congestion and dangerous
conditions to the solicitors. In September 1992 Council received
a request to allow solicitation to support a national charitable
event. Staff surveyed 13 cities, at that time, regarding this
issue to determine if there were local ordinances permitting such
activity. Ten of the thirteen ¢itie~ had an ordinance. Four of
those ten permitted solicitation on streets and right-of-ways.
Following discussion, Council voted to not proceed with the
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City of Denton City Council Minutes
September 13, 1994
Page 5
development of an ordinance permitting solicitation on City
streets. In August of 1993 the Council received two more reports on
the issue. A report on August 24, 1993 advised the Council that in
addition to the local ordinance prohibiting solicitation on
roadways, there was also a state law which prohibited solicitation
although it did allow local governing authorities the option of
granting an exception to charitable organizations. Staff advised
Council at that time that it was important to remember that if
Council chose to make that exception that it should be uniformly
applied to all charitable organizations and not to just one in
particular. Sample ordinances were presented to Council at that
time which included requirements such as liability insurance,
time/place regulations, liability waivers, designation of a
charitable organization, requirements to wear safety vests,
specific intersections at which to solicit, and no walking in the
roadway. Council directed staff to prepare an ordinance for
consideration. On August 31, 1993 Council considered the ordinance
and elected to study the issue further and asked that it be
returned for consideration Un October 12, 1993 at which time the
ordinance did not pass. The item was last considered on March 22,
1994.
Council Member Smith asked what had changed since the last
discussion of the issue.
Portugal replied nothing to his knowledge.
Council Member Smith asked if the laws and opinions were the same.
Portugal replied correct.
Council Member Cott stated that one recommendation was to have all
the organizations provide their own insurance. To the extent that
an organization was part of the City, did not the City self-insure
those organizations.
City Attorney Drayovitch stated that the City would not be insured
in that situation. In the event of an accident, the City could be
named as a party in litigation if it had issued a permit to perform
that activity.
Council Member Cott asked that if the fire fighters decided to
purchase insurance to solicit from the streets, and the City could
not allow them to do that because other organizations could not
purchase insurance, could the City insurance cover other
organizations the same as the fire fighter~. This would allow the
fire fighters to do this activity.
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City of Denton City Council Minutes
September 13, 1994
Page 6
City Attorney Drayovitch stated that since the City was self-
insured and did not have a policy of liability insurance for these
particular activities, there would be no automatic coverage of
other organizations.
Mayor Pro Tem Brock assumed that if there were requirements for
liability, the insured would be the association.
City Attorney Drayovitch stated that if the Council adopted an
ordinance which imposed an insurance requirement, the insurance
would be purchased by the organization conducting the solicitation
or the national association.
Council Member Cott stated that he was trying to find a way to
provide insurance for organizations which could not afford the
premium.
Council Member Smith stated that in previous meetings, there was a
question of legality of writing insurance requirements into a
permit.
city Attorney Drayovitch stated that staff's research had not been
updated since last October. She knew of no current cases which
would offer that change. There were some cases where insurance
requirements for permits involving First Amendments rights had been
struck down.
Mayor Castleberry stated that if there were an injury to a
solicitor, the City could be part of a suit.
City Attorney Drayovitch replied just as in any other permitting
activity.
Council Member Smith stated that she had been conducting a survey
of citizens and businesses and no one she had talked to was in
favor of having solicitation on the streets. It was unanimous that
the citizens were against such an activity. She felt that if the
Council decided to consider an ordinance permitting solicitation on
City streets, there needed to be a public hearing to hear the views
of citizens.
Council Member Perry stated that he had the same opinion as when
the Council previously looked at this issue. He felt there was no
support for this issue except from a small segment of citizens. He
felt that it was dangerous to go into a busy intersection and
solicit funds and to divert the attention of drivers from the
roadway. He felt there were other ways to solicit funds than doing
it from the roadway.
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City of Denton City Council Minutes
September 13, 1994
Page 7
Council Member Chew stated that the only ones being prohibited from
doing this were the fire fighters because they were City employees.
The current ordinance was not being enforced.
Council Member Miller felt it was important to have public input.
Two years ago the discussion never got to the point of having the
ordinance considered for public input. He suggested instructing
staff to draft an ordinance for public input. Council could vote
on the ordinance heard at that time.
Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Matters from the City Manager.
4. The Council received a report concerning Council Committee
Affiliations.
Due to a time constraint, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
The Council convened into a Special Called Session on Tuesday,
September 13, 1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of July 5, 1994 and the Special Called Session of July 12,
1994.
Council Member smith asked that the minutes to considered on an
individual basis as she was not present for the July 5, 1994
meeting.
Perry motioned, Brock seconded to approve the minutes of July 5,
1994. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
60
City of Denton City Council Minutes
September 13, 1994
Page 8
Smith motioned, Brock seconded to approve the minutes of July 12,
1994. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Mayor Castleberry presented a proclamation for Habitat for Humanity
Day.
3. Citizen Reports
A. The Council received a citizen report from Larry Brown
regarding the claim of Jennifer Owens and its handling.
Mr. Brown withdrew his request to address the Council.
4. The Council received the Denton Airport Master Plan.
Frank Robbins, Executive Director for Planning and Development,
stated that this item dealt with acceptance of the Airport Master
Plan but not adoption of the plan. It was not an action item for
Council consideration. Item 5 of the agenda would consider the
Federal Aviation Administration layout plan which was approved by
the FAA. Item 6 of the agenda was a public hearing and zoning to
protect the Airport and land use around the Airport. Two
recommendations would be presented to Council. One was from the
Planning and Zoning Commission and one from both the Planning and
Zoning Commission and the Airport Advisory Board which recommended
a plan and zoning which took a longer view than the FAA at this
point in time. The proposed zoning was intended to protect the
health, safety and general welfare of those using the land around
the Airport as well as to provide maximizing of a community asset.
The recommendations concerning zoning took advantage of new
enabling legislation to avoid problems with similar airports. The
proposal detailed the three configurations of the runways which
were included in the agenda back-up materials. The zoning
ordinance was based on the layout as indicated in the agenda backup
materials.
Jim Harris, Co£fman and Associates, presented an overview of the
Master Plan. The FAA encouraged an update of the master plan
approximately every five years as technology and economic
conditions changed in five years. This master plan took into
consideration many changes which might have occurred since the 1986
plan. The plan was divided into two specific elements to try and
identify needs and concerns of the community required to serve
demand in the future. First were the requirements of airports and
alternatives and second was implementation. Requirements and
City of Denton City Council Minutes
September 13, 1994
Page 9
alternatives started with a computerized data base, aviation
forecasts, demand/capacity, facility requirements, review of
airfield alternatives, terminal area alternatives, and revenue
support alternatives. This led to implementation areas of updates
of master plan concepts, environmental evaluation,
financial/capital improvements program, airport plans-and a final
master plan report. This was a demand occurrence plan and not a
time line plan. The Denton Municipal Airport provided general
aviation services such as corporate aircraft service. A forecast
for this type of operation looked at a number of based aircraft.
Total aircraft operations dealt with the number of takeoffs and
landings used to gage activity at the airport. One other element
addressed was potential of aircarrier commercial activity at the
airport. Council of Governments' numbers indicated that over time
DFW would need additional capacity and that would be met through
the addition of runways at DFW and Love Field. The plan developed
scenarios of potential commercial service, part of which could be
fulfilled at the Denton Airport. The Council of Governments had
been updating its numbers which indicated a slowing of growth.
Recommendations of the plan were to extend Runway 17-35 to 7,500
feet, construct a 5,000 foot parallel runway, acquire approximately
140 acres of property around the Airport, construct an air traffic
control tower, construct a general aviation terminal building,
construct 138,000 square yards of general aviation apron/taxilanes,
install 190 t-hangers, install 220 tiedowns, and construct 80,000
square feet of conventional hangers.
Richard Stewart stated that he was in favor of expanding the
Airport. Airport planning had always been behind of what it needed
to be. The present airport would have more business now if the
City had proceeded in the past with issues considered then. He
felt that planning was still not adequate and that future planning
should consider all aspects of development.
Doug Chadwick stated that he was representing the Vision
Transportation Group. The Transportation Impact Group of the
Vision Project supported the general concept of the Airport Master
Plan and associated zoning. Growth and development of the Denton
Airport complex was compatible with their vision of the City.
Berniece Patterson stated that she lived in Zone 1 of the plan and
was concerned with the proposed restrictions which would be placed
on her property if Council approved the plan. No one would be
wiling to buy her property when there would be no guarantee that
the house could be rebuilt if destroyed. If permission were given
to rebuild or remodel, it would cost several thousand dollars more
than the average. It was stated in the noise mitigation standards
that all sleeping spaces had to have a carpeted floor which
city of Denton City Council Minutes
September 13, 1994
Page 10
dictated what she had to install which took away her rights as a
citizen. The Denton Airport was mainly a recreational airport as
most of the planes were privately owned. Therefore, she questioned
the necessity of the proposed expansion, especially with DFW being
so close. It had been said that the commercial business had not
come to Denton because the runway was not long enough'. There was
no guarantee for commercial business if the runway was extended.
Plano had many businesses in its city and it did not have an
airport. She asked the Council to think about the complications
due to the proposed expansion.
Richard Rafes expressed concerns regarding the master plan which he
felt was outdated and erroneous. The Plan was predicated on a 1990
COG study which indicated that additional runway space would not be
needed until 2226 because of the two DFW runways. The COG plan
relied on two runways not being built but in reality those two were
being built. The entire plan was not correct and was a false
assumption. The second major area of disagreement was the number
of based aircraft. From 1980 to 1991 there was a significant drop
in aviation demand. Based on that, the historical trend for Denton
registered aircraft had dropped. The analysis was erroneous and
the Master Plan was not correct.
Rick Woolfolk stated that the Airport was very important to Denton
and there were many positive aspects of the Airport. It was
important to note that the Addison Airport lease would be expiring
in the next five to six years. Gainsville was trying to attract
business to Gainsville from Addison.
Council Member Cott stated that there were two 13,000 foot runways
and two 8-10,000 runways at DFW for local business.
Woolfolk replied that there might be four 10,000 foot runways with
two longer ones.
Council Member Cott stated that Denton's concern would be the short
runways for regional traffic as opposed to commercial aircraft.
Don Smith stated that the Airport should be viewed as part of the
transportation system of the Denton community. As such, individual
personal rights had to take a back seat to the needs of the growing
Denton community. There needed to be a plan for orderly growth of
Denton and for the Airport. Denton was not a recreational airport.
There was some recreational flying but most were business trips.
The Airport was a resource similar to I35 and the City needed to
adequately plan for the expansion of the Airport. Based aircraft
figures in Denton were misleading and they would increase, not
decrease.
City of Denton City Council Minutes
September 13, 1994
Page 11
Council Member Cott asked if the City should pay the disrupted
homeowners.
Smith stated that that should be a topic of serious debate for the
Council.
David Arno stated that he did not want "it might have been" to
occur in the planning for the Airport. The area growth was toward
Denton and Denton needed to prepare for that growth. The City
needed to plan for the Airport and plan for it as a major part of
the County.
Billie Gregory stated her bedroom was in Zone 1 and her property
would be affected by the expansion of the runway. She wanted to
know what were the plans for individuals in Zone 1.
Council Member Cott asked Mr. Rafes to address the concept of DFW
being a long range and short range airport.
Rafes stated that no one was opposing the expansion of the runway.
A long range plan really did not need such long airports as was
found in the Master Plan. Many airports around the State did not
have such long runways.
5. The Council considered approval of a resolution adopting the
Airport Layout Plan showing the extension of the existing runway to
7,500 feet and a proposed 5,000 feet runway lying 700 feet west of
and parallel to the existing runway.
Frank Robbins, Executive Director for Planning and Development,
stated that out of the Master Plan process came the Airport Layout
Plan. The Layout called for an extension of the existing runway to
7,500 feet and a proposed 5,000 foot runway. The FAA had provided
conditional approval of the layout. If approved, the resolution
would be forwarded to the FAA and they would publish it as their
plan for Denton. The Planning and Zoning Commission and the
Airport Advisory Board recommended approval.
Mayor Pro Tem Brock stated that there was a layout plan which was
recommended by the Airport Zoning Commission. The City was
required by law to look at that plan as well.
Robbins replied that the Airport Zoning Commission was involved in
the zoning of the Airport and their recommendation was only for
zoning rather than the FAA layout. They used a runway
configuration for the basis of the zoning but did not make an
airport layout plan.
City of Denton City CoUncil Minutes
September 13, 1994
Page 12
The following resolution was considered:
NO. R94-050
A RESOLUTION ADOPTING THE AIRPORT LAYOUT PLAN FOR THE DENTON
MUNICIPAL AIRPORT, CITY OF DENTON, TEXAS; AND PROVIDING FORAN
EFFECTIVE DATE.
Perry motioned, Miller seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
6. Public Hearings
A. The Council received a final report, held a public
hearing and considered adoption of an ordinance amending Chapter 36
(Zoning) of the Code of Ordinances by adding a new Article X
regulating and restricting the height of structures and objects of
natural growth, and otherwise regulating the use of property in the
vicinity of the Denton Municipal Airport by creating the
appropriate zones and establishing the boundaries thereof; defining
certain terms; referring to the Denton Municipal Airport Zoning
Map; providing for enforcement; including a provision for
severability; and imposing penalties for violations. (The Airport
Advisory Board and the Planning and Zoning Commission recommended
approval.)
Frank Robbins, Executive Director for Planning and Development,
stated that the State airport zoning enabling legislation had
changed considerably since the City last adopted airport zoning in
1981. That legislation gave cities the size of Denton the ability
to zone for land use capability and height hazard outside the City
limits. The proposed ordinance applied to both the city limits and
the extraterritorial jurisdiction. Information from the Master
Plan and~ data from other sources supported the two runway
configuration which the proposed zoning defined. There were two
proposals based on two different runway layouts f~r Council
consideration. Plan Number 2 was proposed by the Airport Zoning
Commission as indi~a%ed in the agenda backup materials. Robbins
reviewed the recommendations of the runway layout as detailed in
the agenda backup materials. Areas on the east and west were
narrowed and on the north and south were increased. There were 44
houses in the ordinance recommendation and 77 houses in the Airport
Zoning Commission recommendation. There were two types of zoning -
compatible land use and height hazard. Districts were drawn
mathematically by noise contours. Subdistrict one included land
within the 65 decibels area. The uses prohibited in this
City of Denton City Council Minutes
September 13, 1994
Page 13
subdistrict included new residential construction, a number of
different educational uses and a number of different health care
uses. New residential construction was not allowed in subdistrict
one area. The four existing houses could remain but could not be
expanded or repaired beyond 50% of those uses. If one of those
homes were damaged by more than 50% of its value, it could not be
rebuilt without a variance. It was probable that when the demand
was there, those houses would be purchased. Subdistrict two lines
were within the 55 decibels level. Residential uses were allowed
in subdistrict two if noise mitigation was done such as sound
proofing. As an alternative to sound proofing, the ordinance
enabled an acoustic engineer to show to the Building Official that
sound proofing had been done so that the average noise level would
be 45 decibels or less. An aviation easement was also a
consideration which would allow aviation to fly over a home and was
another alternative to sound proofing. Existing structures would
be grandfathered and could be expanded and improved beyond 50% if
there was an easement or mitigation procedures done. The second
type of zoning dealt with height hazard. There were four separate
areas for height hazard calculations. The first area was the
approach surface of which there were two types of surfaces. One
was 10,000 feet from the end of the runways in which the height of
a structure might rise one foot for every 40 feet of land out from
the runway. The second approach zone was one foot to every 50 feet
of land out from the runway. Notification of the public hearings
had been sent to 320 landowners in the area for considered zoning.
The proposed zoning was unanimously recommended by the Airport
Advisory Board and the Planning and zoning Commission.
Council Member Perry asked if the projections were based on
airplanes of today or what airplanes would be doing 20 years from
now.
Harris stated that the projections were dictated by current FAA
standards and current technology.
The Mayor opened the public hearing.
Rick Woolfolk stated that it was important to understand that the
City could regulate an area 5 miles from the end of.any runway or
proposed runway and i 1/2 miles wide. This proposal was smaller
than what was authorized and a smaller area was used due to new
technology. Height hazards would still be controlled by the FAA
and were part of the ordinance to reinforce the FAA standards. He
felt that this ordinance was necessary as Denton was behind in
zoning to Drotect the area near the airDort. He felt the
recommendations were responsible and agreed with the smaller zone
as proposed.
City of Denton City Council Minutes
September 13, 1994
Page 14
Mayor Castleberry indicated that George Gilkeson of the Airport
Advisory Board had completed a speaker card in support of the item.
Richard Rafes stated that he was neutral regarding the zoning and
felt that it needed to be done. Zoning was important to have so
that individuals knew what was planned for the future.~ This zoning
was based on an airport layout plan and sometime in the future, the
plan would be completed. The FAA indicated that any investment by
the FAA had to be made on a demonstrated need. There was no
demonstrated need at this time except for an extension of the
southern runway. He felt that the ordinance was too burdensome for
current residents and asked the Council to consider a compromise.
The grandfather clause was too restrictive and he supported a
broader grandfather clause for the current homes in the area.
Those homes would not be governed by those restrictions. For any
future home, he agreed with those restrictions. He asked the
Council to not apply the ordinance for the current residents and
allow to them to rebuild if necessary.
Linda Cole stated that she was in zone one and if her home were
destroyed, she could not rebuild and could not add on to her home.
These restrictions should not be applied to current homes for an
airport expansion which might not occur until 20-30 years. She had
received a letter indicating that the City was considering annexing
her property. She felt that the City should buy her home now if it
wanted to annex it into the City and place those restrictions on
it.
Mayor Castleberry indicated that Bob Powelson did not wish to speak
but was in opposition to the proposal.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 94-156A
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35
"ZONING" OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE X
REGULATING AND RESTRICTING THE HEIGMT OF STRUCTURES AND
OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF
PROPERTY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT BY
CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES
THEREOF; DEFINING CERTAINTERMS USED HEREIN; REFERRING TO THE
DENTON MUNICIPAL AIRPORT ZONING MAP; PROVIDING FOR
ENFORCEMENT; INCLUDING A PROVISION ON SEVERABILITY; IMPOSING
PENALTIES FOR VIOLATIONS AND PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 13, 1994
Page 15
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. Consent Agenda
Mayor Castleberry indicated that Bid #1664 had been pulled from
consideration.
Perry motioned, Smith seconded to approve the Consent Agenda
without Bid #1664. On roll vote, Brock "aye", Cott, "aye", Miller
"aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid #1653 - Wood Utility Poles
2. Bid #1655 - Disposal PCB Equipment & Debris
3. Bid #1658 - Roof Top HVAC Senior Center
4. Bid #1660 - Cement, Lime and Aggregate
5. Bid #1663 - Gasoline and Diesel
7. Bid #1661 - Repair Feed Water Heater
8. Bid #1666 - Janitorial Services
9. Bid #1669 - Canopy and Foundation For Warehouse
10. Interlocal Agreement - TMPA - Electric Meters
B. Plats and Replats
Preliminary plat of the FUF Addition. The 9.603
acre site was located on the northeast corner of 1-
35 and U.S. Highway 77.
The Council considered the Consent Agenda ordinances A-B.
Perry motioned, Smith seconded to adopt Ordinances A-B omitting Bid
#1664. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
8. Ordinances
A. NO. 94-157
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1653,
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City of Denton City Council Minutes
September 13, 1994
Page 16
7.A.2. - Bid #1655, 7.A.3. - Bid #1658, 7.A.4. - Bid #1660,
7.A.5. - Bid #1663)
B. NO. 94-158
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (7.A.7. - Bid #1661, 7.A.8. - Bid #1666,
7.A.9. - Bid #1669)
C. The Council considered adoption of an ordinance
authorizing the City Manager to execute an interlocal agreement
with the Texas Municipal Power Agency to authorize participation in
the purchase of various electric meters. (7.A.10.)
The following ordinance was considered:
NO. 94-159
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL POWER AGENCY TO
AUTHORIZE PARTICIPATION IN THE PURCHASE OF VARIOUS ELECTRIC
METERS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance adopting
the budget for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1994, and ending on September 30, 1995.
City Manager Harrell stated that Council Member Chew had a
potential conflict of interest as he served on the Board of
Directors for SPAN. There were two allocations for SPAN, one for
social services and one for transportation. The City Attorney
suggested that council vote first on those two items to determine
if they would be included in final budget. Once that vote was
taken, Council Member Chew could return for future budget
considerations.
Council Member Chew left the meetinq with a conflict of interest as
he was a member of the SPAN Board ~f Directors.
City of Denton City Council Minutes
September 13, 1994
Page 17
Perry motioned, Brock seconded to approve the two SPAN items. On
roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Chew returned to the meeting.
Council Member Harrell stated that the final proposed budget was
ready for Council consideration. Staff took all the items the
Council had decided on at the last meeting, which were deviations
from the proposed budget, and incorporated them into the budget
ordinance. This ordinance was submitted for Council consideration.
Any amendments to the proposed budget ordinance would have to alter
the numbers for the various funds as specified on the first page of
the ordinance.
The following ordinance was considered:
NO. 94-160
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1994, AND
ENDING ON SEPTEMBER 30, 1995; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance.
Council Member Miller offered an amendment to the motion. He
motioned to amend Section 2 of the ordinance to increase the
General Fund from $32,740,000 to $32,858,040 and the total budget
from $148,065,322 to $148,183,332. This was an increase of $118,000
to be used for the addition of 6 fire fighter/EMS positions. Three
individuals would be hired in January and three in July of 1995.
Cott seconded the motion.
Council Member Miller stated that this amendment was not involved
with the number or location of fire stations. He supported the
idea of a committee to discuss the location and number of fire
stations along with other important CIP issues. His motion dealt
with fire department staffing. Based on data Council received over
the months, he was convinced that Denton had an immediate and
serious problem which should not wait for further study. The
Chief's original recommendation submitted to Council on July 29,
1994 contained a request for 6 fire fighter/EMS personnel at the
cost of $227,181. That request did not make the cut but was
included in the proposed budget document. Last week the City
Manager provided information to the Council which indicated a
modification of the cost based on hiring three personnel in January
and three in July. Based on that information, the net cost would
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City of Denton City Council Minutes
September 13, 1994
Page 18
be $118,000 by coordinating the additions with the retirement of a
battalion chief. Miller referred to a memorandum from the City
Manager which stated that if the Council authorized an increase in
manpower as part of the budget, no manning changes could occur
before July 1995. The delay would provide the Fire Chief
sufficient time to have a thorough dialog with his staff and
present to the City Council a suggestion as to the best deployment
of the additional manpower. Miller presented a chart indicating the
ten year history of EMS calls. In 1983 there were 2,284 EMS calls
while in 1993 there were 3,405 EMS calls or an increase of 88.5%.
In 1983 there were 87 fire fighter/ EMS personnel and in 1993 there
were 91 which was an increase of 4 personnel. The number of fire
stations had increased from 4 to 5 stations. The land mass of the
City was 39.9 square miles in 1983 and currently was 54.8 miles
which was an increase of 14.9 square miles. He had asked the Chief
what that did to the demands on the Fire Department and the Chief
indicated that with EMS there was not much of an effect. It did
make a tremendous effect on the fire calls as it spread the
resources that much thinner. Miller referred to a memorandum from
the Fire Chief which stated that the increasing EMS work load was
not only placing a strain on the department's ability to deliver
EMS but also reduced the ability to respond to fire alarms. EMS
responses required that both an engine and medic unit respond with
a minimum of five personnel. Two simultaneous EMS calls would
require a total of ten personnel which would reduce available
personnel on the shift to twelve. Departmental safety standards
required a minimum of fourteen personnel to safely combat an
average structure fire. Therefore, it was not possible for the
department to adequately respond to two medical calls and a working
structure fire at the same time. During periods of peak demand,
such a scenario was not that uncommon. This amendment would take
$118,000 from the fire reserve fund leaving $75,000 in the fund.
The money was there for the fire fighters as was the need.
Council Member Smith stated that in 1986 the ratio of fire fighters
to citizens was 740.78 citizens per fire fighter. In 1994 the
ratio was 740.11 citizens per fire fighter. According to those
statistics, there was no increase or decrease in the need for fire
fighters per citizen. The City might have increased in land mass
but the ratio of fire fighters to citizens had remained almost
identical over that period of time.
Mayor Castleberry stated that in the past few days it had been
noted that some of the rural communities which Denton now served
might enter into a contract with a private ambulance service. If
that happened, the City would lose those communitie~ afte~ thi~
year's budget. That might also reduce the area of fire calls which
the City served. After the budget process, he felt the Council
City of Denton City Council Minutes
September 13, 1994
Page 19
should look into a committee to discuss this item. If the City
were not serving those areas, it did not want to be overstaffed in
the Fire Department.
Council Member Cott asked if the Council broke even on out-of-town
calls.
City Manager Harrell stated that on a per capita basis, the smaller
cities were paying less than a Denton citizen was paying for EMS
service. The Council had started a three year program to equal
those payments.
Mayor Pro Tem Brock felt that it would not be possible to be
overstaffed in the Fire Department. The number of fire fighters
per population, in terms of EMS calls,'did not deal with a number
of residents. There were many out-of-town students and individuals
who used the interstate highway who might not pay the fee for
ambulance service. The Fire Department was all white, all male and
that could not changed unless personnel were added. If the
amendment were approved, she urged that Council and staff strive to
add protected class representatives. She indicated that she
supported the amendment.
Council Member Perry stated that the equipment in the fire
department had been updated and improved for both ambulance and
fire. There had also been an effort made to make a quicker
response through the OPTICOM system and the new dispatch system.
Mike Gregory stated that last week the Council heard from a number
of citizens promoting additional fire fighters. The money was
available without altering the budget as it could be taken from the
reserve fund. The need was there as shown by increased calls and
increased people to serve. In 1991 the Council voted to hire 8
additional fire fighters but they were never ~ired. The money was
there and he urged the Council to provide the basic services that
a city was supposed to.provide, one of which was fire protection.
Mayor Castleberry indicated that he had a speaker car~ from Arleen
Morrison who felt there was a need for more fire fighters.
Council Member Miller felt that Council Member Perry's comment was
well taken regarding the efficient work of the fire fighters. Fire
fighters were used for fires as well as for EMS services. The need
was there and the fund could be used which was set up for this
purpose. He had received a call from a fire fighter who was very
discouraged regarding the D~partment. The amendment was dealing
with a minimal addition. If the dollars were not put into the
budget, it could not be done.
City of Denton City Council Minutes
September 13, 1994
Page 20
Eddie Woodruff stated that t-he department was short handed 15 years
ago and it was still short handed. The last two years were the
best in terms of dollars for the City to make up the shortage up in
the number of fire fighters. The City had the ability to make a
move now to make up that shortage.
On roll vote of Council Member Miller's amendment, Brock "aye",
Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay",
and Mayor Castleberry "nay". Motion failed with a 3-4 vote.
Mayor Pro Tem Brock motioned to amend the budget to add three fire
fighters in July and transfer the cost from the fire reserve fund.
Cott seconded the motion.
On roll vote, Brock "aye" Cott, "aye" Miller "aye", Smith "nay"
Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion
failed with a 3-4 vote.
On roll vote of the main motion, Brock "aye", Cott, "nay", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried with a 6-1 vote.
Council Member Smith stated that as it appeared that the issue had
been settled at least for this year, the Council present a united
front both in the newspaper and to the general public on supporting
the policy of the City of Denton.
Council Member Miller stated that the policy was not decided until
the Council voted as it just did. The Council had proposals from
the Fire Chief all the way through the process. Was Council Member
Smith indicating that if citizens expressed a problem and if he
felt it was a severe problem, he should not express an opinion on
the issue.
Council Member Smith felt that if the Council did not agree with an
individual, then there was the need to not make a remark which
might indicate a disparaging comment regrading someone else. In the
case of a very vital disagreement, it did not hurt to remind the
Council that once the policy was set, that the Council should
suppor% i%. It was fine if the Council individually disagreed but
a Council Member should never cast dispersions on the rest of the
Council.
Mayor Pro Tem Brock felt this was the best example to televise the
Council meetings. Citizens knew the Council's positions and the
issues involved.
73
City of Denton City Council Minutes
September 13, 1994
Page 21
E. The Council considered adoption of an ordinance levying
the ad valorem tax of the City of Denton, Texas, for the year 1994,
on all taxable property within the corporate limits of the City on
January 1, 1994, not exempt by law; providing revenues for payment
of current municipal expenses, and for interest and sinking fund on
outstanding City of Denton bonds; providing for limited exemptions
of certain homesteads; providing for enforcement of collections;
and providing for a severability clause.
Kathy DuBose, Acting Executive Director for Finance, stated that
there were several blanks in the ordinance. The numbers for those
blanks were: property rate $.5609 cents per $100 evalUation which
was a 25% reduction from the prior year rate; amount of tax to be
assessed for general fund maintenance and operation expenditures
was $.3154 cents per $100 valuation; the assesSed value for debt
service was $.2455 cents per $100 valuation.
The following ordinance was considered:
NO. 94-161
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1994, ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1994, NOT EXEMPT BY
LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL
EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING
CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance amending
the schedule of electric rates.
City Manager Harrell stated that staff had been over in detail all
of the ordinances regarding rates. Ordinances F,G,H,I and J were
implementing items of various aspects of the budget.
Joe Dodd stated that there had been $4 million in overcharges of
the utilities. He did not know what happened to that money because
the City was raising rates. The property rate was lowered but his
appraisal went up as did the sales tax and utilities. He felt he
broke even which was the best he had ever done.
74
City of Denton City Council Minutes
September 13, 1994
Page 22
The following ordinance was considered:
NO. 94-162
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED
IN ORDINANCES 94-098 AND 93-160; AMENDING THE METHODOLOGY FOR
REVISING THE ENERGY COST ADJUSTMENT (ECA) RATE; ADDING A POWER
COST ADJUSTMENT (PCA) RATE SCHEDULE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance amending
the schedule of rates for water service.
The following ordinance was considered:
NO. 94-163
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICE;
COMBINING THE RESIDENTIAL (WR) SCHEDULE LAND RESIDENTIAL NOT
CONNECTED TO SEWER (WRN) SCHEDULE INTO THE WR SCHEDULE;
COMBINING THE REGULAR COMMERCIAL/INDUSTRIAL (WC) AND
COMMERCIAL/INDUSTRIAL TO USERS WITHOUT CITY OF DENTON WATER
SERVICE (WCN) SCHEDULE INTO THE WC SCHEDULE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
H. The Council considered adoption of an ordinance amending
the schedule of rates for wastewater service.
The following ordinance was considered:
NO. 94-164
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SCHEDULE OF RATES FOR WASTEWATER SERVICE; COMBINING THE
RESIDENTIAL RATE SCHEDULE (SR) AND RESIDENTIAL WITHOUT WATER
SERVICE RATE SCHEDULE (SRN) INTO THE SF SCHEDULE; COMBINING
THE REGULAR COMMERCIAL RATE SCHEDULE (SC) AND
COMMERCIAL/INDUSTRIAL WITHOUT WATER SERVICE RATE SCHEDULE
75
City of Denton City Council Minutes
September 13, 1994
Page 23
(SCN) INTO THE SC SCHEDULE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.'
I. The Council considered adoption of an ordinance amending
rates for residential and commercial sanitation collection services
as authorized by Chapter 24 of the Code of Ordinances of the City
of Denton; and amending the rates charged for the use of the City's
sanitary landfill.
The following ordinance was considered:
NO. 94-165
AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES
FOR RESIDENTIAL, COMMERCIAL AND RECYCLING COLLECTION SERVICES,
AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON; ESTABLISHING A CHARGE FOR RELOCATION OF
COMMERCIAL CONTAINERS; ADDING A COMMERCIAL CHARGE FOR SAME DAY
OPEN TOP DEMAND RESPONSE SERVICE; ESTABLISHING CHARGES FOR
LOCKS AND CHAINS; AMENDING THE CHARGES FOR USE OF THE
LANDFILL; AND PROVIDING FORAN 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.
J. The Council considered an ordinance establishing a street
rental fee to be transferred from the electri~ fund revenues to the
general fund of the City.
The following ordinance was considered:
NO. 994-166
AN ORDNANCE ESTABLISHING A STREET RENTAL FEE, TO BE
TRANSFERRED FROM THE ELECTRIC FUND REVENUES TO THE GENERAL
FUND OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye!', Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City of Denton City Council Minutes
September 13, 1994
Page 24
K. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the Texas
Department of Transportation for funding of alternative fuels.
Jack Jarvis, Fleet Superintendent, stated that the City had been in
the alternate fuel business for several years and- there were
several vehicles operating on propane. The proposed agreement with
the Transportation Department was a grant to fund a program to
convert 15 vehicles to compressed natural gas. This was a clean
burning fuel which was important as Denton was in non-attainment
area. This was a three year program, and if successful, the City
would have the option to convert other vehicles during the next few
years.
The following ordinance was considered:
NO. 94-167
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF
ALTERNATIVE FUELS; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
9. Resolutions
A. The Council considered approval of a resolution approving
the 1995-99 Capital Improvement Program for the City of Denton,
Texas.
city Manager Harrell stated that this was part of the 1994-95 city
budget and staff had had prior discussions with the Council
regarding the Program.
Council Member Cott asked if there was going to be a committee in
¢onjun¢%ion wi%h %bls tIP.
City Manager Harrell stated that Council Member Smith had suggested
appointing a such committee.
The following resolution was considered:
77
City of Denton City Council Minutes
September 13, 1994
Page 25
NO. R94-051
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY
THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cott 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.
10. The Council considered nominating a voting and alternate
voting delegate to the National League of Cities Annual Congress of
Cities Conference.
City Manager Harrell stated that this was a yearly item for the
Council to officially appoint a voting delegate to represent the
City of Denton at the National League of Cities Conference.
Council Member Smith nominated Mayor Pro Tem Brock as voting
delegate.
Council Member Chew nominated Council Member Perry as alternate
voting delegate.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
11. The Council considered a motion to approve the Chairs of the
Board of Adjustment and the Sign Board of Appeals.
This item was pulled from consideration.
12. Vision Update
Mayor Pro Tem Brock stated that the Vision grOups had been meeting
frequently in preparation for the final report for public
presentation. Those presentations would be on the first three
Thursdays in October at Ryan High School.
13. Miscellaneous matters from the City Manager.
Council considered the Work Session Items.
3. The Council held a discussion and gave staff direction
regarding solicitation from the roadway.
78
City of Denton City Council Minutes
September 13, 1994
Page 26
Alan Hempstead stated that there had never been any documented
problems with solicitation from the roadway. Numerous individuals
had expressed an interest as to why Denton was not participating.
Over 200 fire departments participated in the project. Individuals
doing car washes were not obeying the ordinance. The fire fighters
were the only ones being prohibited from soliciting from the
roadways.
Ken Gold stated that this issue had been discussed several times
but there was a minority on the Council determined to keeP the
issue off the agenda. There was a way to study the issue and look
at it in a variety of ways.
Mayor Castleberry stated that there were speaker cards in support
of the issue: Melissa Biller, Jane Williford, Judi Erickson, and
Brian Glenn.
Mayor Pro Tem Brock motioned to direct staff to prepare an
ordinance as per the draft shown in Attachment 3, Alternative 1
which included the insurance requirement in the. backup materials
with the following changes: (1) Section 25.5.1(a) add the wording
"or his/her designee"; change the wording on #6 to "an affidavit
signed by the applicant"; change Section F. wording to "an
applicant shall be allowed no more than 2 permits"; change Section
G. wording to "activities shall be permitted only during daylight
hours"; and regarding the insurance policy, she asked staff to look
at similar ordinances and make a recommendation of what to include.
She was making this motion so that it would allow for a public
hearing on this subject. Chew seconded the motion.
City Attorney Drayovitch stated that some of the provisions on the
draft ordinance had been declared unconstitutional by various
federal courts and some by the Supreme Court. She would like to
know if Council wanted her to update her research and present it
with the draft of the ordinance or do the research first.
Mayor Pro Tem Brock suggested presenting the update at the same
time as the public hearing.
Council Member Miller suggested preparing an alternate ordinance
which would met the constitutional issues and the Council could
then decide on which ordinance to consider.
Brock accepted that in her motion and Chew accepted it in his
second. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "nay", and Mayor Ca~tleberry "nay".
Motion carried with a 5-2 vote.
' 79
City of Denton City Council Minutes
September 13, 1994
Page 27
The Council considered Work Session Item #4.
4. The Council received a report concerning Council Committee
Affiliations.
Mayor Castleberry suggested that Council submit their~preferences
for committees to the City Secretary. She would compile a list and
put it in the agenda backup for Council consideration.
Consensus of the Council was to proceed with Mayor Castleberry's
suggestion.
B. City Manager Harrell reminded the Council of the joint
DISD meting at the Denton Municipal Complex.
C. The Utility Department would be doing smoke testing of
the sanitary sewer lines during the week. They would be looking
for leaks in the lines in the northern part of City.
D. Open House for the Denton Municipal Complex was Sunday,
November 13.
14. There was no official action taken on 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 Smith stated that there as a need to work
on the Council's Adopt-A-Spot. Consensus of Council was to meet on
September 26 at 5:00 p.m.
B. Mayor Pro Tem Brock submitted a list of future agenda
items: (1) work on policies and guidelines for funding human
services agencies both Block Grant monies and General Fund monies,
(2) study alternative ways to finance the C~ty's cable operations,
especially considering the methods of Plano and Fort Worth, (3)
discuss the policies of the City's "safety" lights, (4)
establishing a "511" line or other trouble-shooting number, (5)
formation of a citizens' architectural advisory committee for city
buildings, and (6) Council Members attending meetings of Boards of
Regents of UNT and TWU.
C. Council Member Miller suggested the formation of a
committee to study the Lalor fund distribution.
80
City of Denton City Council Minutes
September 13, 1994
Page 28
16. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned 10:00 p.m.
ciNN~FE~ WALTERS
TY S~RETARY
TY OF DENTON, TEXAS
B~B CASTLEBERRY, MAYpR~.~
CITY OF DENTON, TEX~S~
ACC0020E