Minutes September 20, 1994 CITY OF DENTON CITY COUNCIL MINUTES
September 20, 1994
The Council convened into the Executive Session on Tuesday,
September 20, 1994 at 5:15 p.m. in the Civil Defense Room.
PRESENT:
ABSENT:
Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Perry, Miller and Smith.
Council Member Cott
The Council discussed the following in Executive Session:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered action in Sor, et al. v. City of Denton.
2. Considered action in Iwuchukwu v. city, et al.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Considered selection of part-time Municipal Judge.
The Council convened into the Work Session on Tuesday, September
20, 1994 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Perry, Miller and Smith.
ABSENT: Council Member cott
1. The Council received a report, held a discussion and gave
staff direction regarding the establishment of a movie ordinance.
Linda Ratliff, Economic Development Coordinator, stated that in
working with the film companies, more often than not their shooting
schedules changed very often. Originally, staff had developed a
movie policy but since there was already a street closing
ordinance, the policy was changed to amend that ordinance. The
film business had increased lately in Denton with four films in
June and July. In August a commercial was filmed on the Square and
currently there was filming the Fairgrounds. Four of the films
needed some type of traffic control and staff worked with police
officers t6 temporarily ~.lose the street for the filming. Some
companies did not have time to work with the Council to close the
necessary streets. The current street closing procedure was to
provide a barricade plan, coordinate safety with the police
department and obtain signatures of the affected property owners.
Then formal approval was necessary from the Council. The proposed
ordinance would still require the first three items but instead of
receiving Council approval, the request would be forwarded to the
city Manager'~ ~ffi~e f~r approval. The City Manager would notify
Council of the request. If a Council Member had a concern with the
request, it would be placed on the next Council agenda. If there
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City of Denton City Council Minutes
September 20, 1994
Page 2
were no concerns, the film company could be granted permission to
close the street. It was felt that this would allow some
flexibility for the film companies. The proposal would request the
film companies to apply for~a permit but there would be no fee for
the permit. The film company would be required'to have liability
insurance and the City Manager would be able to deny the request
with the film company having the right to appeal to the Council. A
Task Force had worked on this proposal for several years.
Mayor Castleberry indicated that he had received a letter from the
State, complimenting Denton on its cooperative effort in working
with the film companies.
Council Member Perry questioned there being no fee associated with
this permit. City personnel would be using their time to process
this permit.
Ratliff stated that staff currently provided all the services with
no charge and they did not want to discourage the film companies
with an additional charge. No other area cities had a fee for
their permits.
Council Member Perry stated that this was thought of as a service
of economic development.
Ratliff replied correct.
Council Member Smith stated that she was in favor of the plan. She
suggested that staff look at some sort of policy for neighborhood
street closings as the Council did not really need to provide that
permission.
Council Member Miller felt this was a good economic tool in order
to be competitive in the market place.
Perry motioned, Smith seconded to direct staff to prepare an
appropriate ordinance. On roll vote, Brock "aye", Miller "aye",
Smith "aye", Chew "aye" Perry "aye" and Mayor Castleberry "aye"
Motion carried unanimously.
2. The Council receive~'~ a report, held a discussion and gave
staff direction regarding amending the City Council's Rules of
Proc~du~e~.
City Attorney Drayovitch stated that in the agenda backup, Council
was provided with a copy of an ordinance which revised the current
rules of procedure as noted in the Council's planning session.
There was a major change to Section 4.3 which substantially changed
the procedures in the work session regarding citizen participation
in those sessions. A change to Section 6.3 clarified the procedure
to be followed when a Council Member requested staff to prepare for
City of Denton City Council Minutes
September 20, 1994
Page 3
85
and the Council deliberate upon an agenda item. Reconsideration
was changed to provide that a motion for reconsideration may be
made by one who voted with the prevailing side rather than the
majority side. It also placed a six month limitation on an item
which had been rejected upon reconsideration of which was not
timely reconsidered. Suspension of the rules provision was
addressed twice in the rules, at Section 2.13 and Section 10.1.
Those provisions were basically the same that the Council could
temporarily suspend the rules upon a majority vote or a vote of
four members of the Council. She recommended that Article 10.1 be
struck as it was a duplicate. The provision for a tie vote stated
that the item would be automatically placed on the next agenda when
the full council would be present. This item was on the regular
agenda for Council consideration as the Council's rules indicated
that when the rules were amended, the amendment must be introduced
at a meeting before voted on.
Council Member Perry suggested amending Section 2.13, Suspension of
the Rules, so that instead of requiring an affirmative vote of four
members, an affirmative of five members would be required. That
would make it a bit more difficult to suspend the rules but would
still be reasonable. He felt that the suspension of rules should
require the approval of a greater number of the Council. He also
suggested striking the repeated section from the rules.
Council Member Perry motioned to amend Section 2.13 of the rules to
strike "four" and insert "five" and to delete the repetition of
suspension of rules and to change the ordinance as presented.
Mayor Pro Tem Brock felt that those were two different changes.
City Attorney Drayovitch stated that they were two different
changes but involved the same subject. She felt it was in order to
consider them either separate or in the same motion.
Mayor Pro Tem Brock stated that a member might want to vote
differently on each portion of the motion.
Council Member Smith stated that Section 2.14, Amendment of Rules,
required four members in an affirmative action. Would Council
Member Perry suggest changing that to five also.
Council Member Perry stated that he had not considered that
particular section.
Perry motioned to amend Section 2.13 of the rules to strike "four"
and substitute "five" members of the Council. Motion died for lack
of a second.
Brock motioned, Smith seconded to change the ordinance to have all
pronouns in the ordinance reflect the male and female gender.
City of Denton City Council Minutes
September 20, 1994
Page 4
Mayor Castleberry suggested including that change with any other
changes suggested for the ordinance.
Mayor Pro Tem Brock suggested adding to Section 3.3 D that
audiences should not to applaud during a Council meeting.
Council Member Miller asked if the rule regarding reconsideration
and not bringing an item back for six months applied to work
sessions and regular sessions. If action were taken during a work
session, did that preclude the item from returning to an agenda for
six months.
City Attorney Drayovitch stated that for many years, the Council
did not take any final action in the work sessions. Because, on
occasion, final action was taken in a work session, a sentence was
added to Section 4.3 which indicated that the work sessions were
informational and normally no final action would be taken unless a
posted agenda indicated otherwise. There were times when the
Council took action and directed staff in a particular manner and
at those times, the item would not come back and the
reconsideration would apply to that item.
Council Member Miller stated that work sessions were becoming like
regular sessions of the Council. It was his understanding that
the purpose of a work session was to consider items informally but
would not preclude the continuation of discussion of an item. With
this formality, if action were taken in the work session, the item
would be precluded for 6 months. Regarding a tie vote, he suggested
Council consider that if there wer~ a tie vote, the item be
returned at the next meeting with a full council.
Council Member Chew agreed with Council Member Miller and felt that
there was a need to add that into the ordinance. Whenever there
was a tie vote, the item would be placed on the next agenda when
there would be a full council whether that be a work session or a
regular session.
Council Member Perry felt that that type of automatic kind of
procedure removed the Council from persuasion and consensus and
introduced a procedure which would not allow the Council to act as
a CounciY. He felt it took the Council out of the action and he
was not in favor of substituting an automatic procedure for current
actions.
Mayor Pro Tem Brock stated that the Council would be adopting an
automatic procedure when an item could not be reconsidered for six
months. That was a similar circumstance.
council Member Chew suggested deleting Section 10.1 from the rules
as it was the same as Section 2.13.
City of Denton City Council Minutes
September 20, 1994
Page 5
87
Mayor Pro Tem Brock stated that in Section 2.4, the Council could
punish its own members for misconduct. She questioned the
definition of misconduct.
Mayor Castleberry stated that he assumed the definition would be
any conduct which would be unbecoming of a Council Member.
Miller motioned, Chew seconded to direct staff to prepare an
ordinance for Council consideration at the next meeting.
Miller motioned, Brock seconded to amend the motion that matters
voted on by the Council which ended in a tie vote would
automatically be brought back before the Council for action at the
next meeting where the full council would be present. If'there
were not a full council at the next meeting, the item would carry
over to the next meeting.
On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-
1 vote.
Chew motioned, Smith seconded to delete Section 10.1 from the
ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Perry motioned to amend Section 2.13 to substitute five members for
four members. Motion died for the lack of a second.
Brock motioned, Smith seconded to change all personal pronouns to
be gender inclusive. On roll vote, Brock "aye", Miller "aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Smith motioned, Chew seconded to include applause as a form of
inappropriate behavior by the audience. On roll vote, Brock "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
3. The Council received a report, held a discussion and gave
staff direction regarding the appointment of a committee to review
the Hotel/Motel Occupancy Tax contracts.
Harlan Jefferson, Treasurer, stated this past spring the Council
had renegotiated all contracts with agencies receiving Lalor funds
and extended the contracts with the Denton Chamber of Commerce and
the North Texas Fair Association so that all contracts would expire
at same time on March 1, 1995. A second step was to establish a
subcommittee which would meet with the agen~ie~ to renegotiate the
contracts. The recommended process was one similar to the one used
during the 1989-90 time frame when the current contracts were
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City of Denton City Council Minutes
September 20, 1994
Page 6
renegotiated. At that time, two council members were appointed to
a subcommittee and were assisted by the City Attorney and the
Executive Director for Finance. It was recommended to form a
similar subcommittee to be assisted by the City Attorney and the
Treasurer. The subcommittee would meet and develop revisions to
the contracts as well as any appropriate new contracts and
submitting their recommendations to the full Council.
Council Member Miller suggested having an odd number o~ individuals
on the committee so as not to have a problem with a tie vote during
deliberation. He suggested a minimum of three council members on
the committee.
Council Member Chew agreed that there should be at least three
members from the Council as Council made important decisions based
on the committee's recommendations.
Council Member Smith agreed with three council members due to the
difficult decisions made regarding the contracts.
Consensus of the Council was to have three council members and two
staff members on the committee.
Council Member Chew suggested having Mayor Pro Tem Brock, Mayor
Castleberry and Council Member Perry on the committee.
On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. The Council considered 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 the Regular Meeting on Tuesday, September
20, 1994 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Perry, Miller and Smith.
ABSENT: Council Member Cott
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 July 19,
July 21, and July 26, 1994.
City of Denton City Council Minutes
September 20, 1994
Page 7
89
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry presented the following proclamations:
Rehabilitation Week
National Adult Day Care Center Week
Mayor Castleberry presented Yard of the Month Awards to the
following:
David and Virginia Thetford
H. C. Westmoreland, Jr.
Law Offices of Joanne Shipley
Ed and Sue Maglaughlin
Rob and Marilyn Gentry
Council considered Item #5.
5. The Council received a presentation by the Texas Water
Utilities Association-North Texas District recognizing City of
Denton employees who participated in their activities.
Roy Simpson, Texas Water Utilities Association-North Texas
District, stated that the City of Denton employees had presented an
outstanding program for their organization. He presented a plaque
to John Hudson for perfect attendance at their meetings and to
Alberto Lopez as past president.
Council considered Item #12.
12. The Council took the following official action on Executive
Session Items discussed during the Work Session Executive Session:
Smith motioned, Perry seconded to offer the ~osition of permanent
part-time municipal judge to Debra Drayovitch. On roll vote, Brock
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Council returned to the regular agenda order.
3. Citizen Requests
A. The Council considered an exception to the noise
ordinance for a rodeo at the North Texas Fairgrounds on September
25, 1995 from 2:00 p.m. - 6:00 p.m.
Veronica Oglesby, Administrative Assistant, stated that an
exception to the noise ordinance was requested for a rodeo and -~-
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City of Denton City Council Minutes
September 20, 1994
Page 8
entertainment to be held on Sunday, September 25, 1994 from 2:00
p.m. to 6:00 p.m. The noise ordinance stated that the use of
loudspeakers, amplifiers and musical instruments was a noise
nuisance after 10:00 p.m. and on Sundays. The Council could make
exceptions when the public interest was served. There had been an
indication to hold approximately ten such rodeos per year but this
request was for only September 25th.
Council Member Perry asked for background information on DFW
Productions.
Efren Gonzales, DFW Productions, indicated that last year DFW
Productions started holding rodeo events in Dallas and Fort Worth.
Their interest in Denton was due to the growing Hispanic
population. They brought entertainers from Mexico to perform a
Mexican rodeo event.
Council Member Perry stated the noise from the Fairgrounds was a
source of aggravation to those who lived near the Fairgrounds. He
asked Gonzales what he intended to do with the loudspeakers.
Gonzales stated that they would try to keep the noise down as much
as possible. They'could switch the sound of the loudspeakers so as
to not face the homes.
Council Member Perry asked if the loudspeakers would be used with
the rodeo or other speakers.
Gonzales stated that it would be the sound equipment associated
with a band.
Brock motioned, Chew seconded to approve the exception. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"nay", and Mayor Castleberry "aye". Motion carried with a 5-1
vote.
.B. The Council considered approval of a resolution closing
Rolling Hills Circle between 18 Rolling Hills to 29 Rolling Hills
on Saturday, October 29, 1994 from 5:00 p.m. - 10:00 p.m. for a
street dance sponsored by the Forrestridge Home Owners'
Association.
V~oni~a Ogl~by, Adminis%ra%iv~ A~i~%ant, ~tated that the request
was to temporarily close Rolling Hills Circle for a block party.
The closure was necessary for the safety of the participants.
The following resolution was considered:
City of Denton City Council Minutes
September 20, 1994
Page 9
9¸1
NO. R94-052
A RESOLUTION TEMPORARILY CLOSING ROLLING HILLS CIRCLE FROM 18
ROLLING HILLS CIRCLE TO 29 ROLLING HILLS CIRCLE ON SATURDAY,
OCTOBER 29, 1994; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered approval of a resolution
temporarily closing Congress Street between Mounts and Denton
Streets on Friday, October 7, 1994 from 11:30 a.m. to 3:30 p.m. for
"Cougar Day" festivities.
Joseph Portugal, Assistant to the city Manager, stated that
approval of the resolution would authorize temporary closure of
Congress for a Calhoun Middle School event.
The following resolution was considered:
NO. R94-053
A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN
MOUNTS STREET AND DENTON STREET ON FRIDAY, OCTOBER 7, 1994;
AND PROVIDING AN EFFECTIVE DATE.
Smith motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered approval of a resolution
temporarily closing Brooklake West from Thunderbird to Brookhollow
for a block party on October 15, 1994, from 4:00 p.m. to 8:00 p.m.
Joseph Portugal, Assistant to the city Manager, stated that this
request was to hold a block party in the neighborhood.
The following resolution was considered:
NO. R94-054
A RESOLUTION TEMPORARILY CLOSING BROOKLAKE STREET WEST FROM
THUNDERBIRD DRIVE TO BROOKHOLLOW DRIVE ON SATURDAY, OCTOBER
15, 1994; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and May~r Ca~tleber~y "aye". M~ti~n ~a~ied unanimously.
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City of Denton City Council Minutes
September 20, 1994
Page 10
4. citizen Reports
A. The Council received a citizen report from Ursula Jacobs
regarding the Communities in Schools, Denton County Program.
Ms. Jacobs stated that the program was working with the Northwest
Independent School District and the Little Elm Independent School
District. The program was funded through the Texas Employment
Commission and had received a grant to begin a start-up program.
They had received grants for three new campuses next year and were
in the planning stages of working with the Denton ISD. Lewisville
and Aubrey had also expressed an interest in the program. For
every school year they were able to add two new campuses.
Judge Darlene Whitten stated that this program was part of the
overall solution to a problem with youth. It was anticipated that
Communities in School would be able to take referrals from Denton's
Teen Court so as to work with these individuals. The purpose of
the program was to prevent young people from dropping out of school
and preventing them from becoming first offenders.
Linda Monico, Director of Instruction at Little Elm ISD, stated
that the program had made a major impact in the district after only
two months of service.
B. The Council received a citizen report from Bill Keith
regarding the lack of consistency in enforcement of codes in the
City of Denton.
Mr. Keith stated that he had been informed by a City official that
because he had a vehicle on his property with no inspection sticker
or tag that he was in violation of the city code. If he moved that
car to his garage, to his backyard or covered it, he would be in
compliance. He responded to the official that if the city would
supply a cover for the car, he would do so. On SePtember 13 he was
asked by the same official to see his driver's license. Since he
was not involved in a moving violation and the official did not
have a warrant, he felt that he did not have to comply. The car
was not an annoyance to neighbors, was no health problem, and was
no obstruction. He felt this was an invasion of his personal
property rights.
~. Public Hea~ings
A. The Council held a public hearing and considered adoption
of an ordinance revising the zoning conditions on .6309 acres of
land zoned General Retail-conditioned, to allow a telephone
business office, and limit accessory buildings to 400 square feet.
The sit~, at 209 University Drive, was on the north side of
University, approximately 300 feet east of Locust Street. (The
Planning and Zoning Commission recommended approval 5-0).
City of Denton City Council Minutes
September 20, 1994
Page 11
93
Owen Yost, Urban Planner, stated that the tract was on the north
side of University Drive near Locust Street and was currently zoned
general retail with conditions. The overall zoning of the property
would not change but two of the existing conditions would be
changed to allow for a telephone business office and to limit the
size of any accessory building to 400 square feet. Before a
certificate of occupancy could be issued, a landscaping and
buffering plan had to be approved. The expanded parking lot was
currently under construction and before it could b~ used, the
landscape plan had to be approved.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Brock asked if this were a new building or a use of
what was currently there.
Yost stated that the current building was being used with one
condition that the present house would remain in a residential
character.
The following ordinance was considered:
NO. 94-168
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE
ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63
ACRESOF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE,
APPROXIMATELY 300 FEET EAST OF LOCUST STREET IS AMENDED BY
CHANGING THE CONDITIONS ON SUCH LAND ZONED GENERAL RETAIL WITH
CONDITIONS (GR-C); PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye~, Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance authorizing a Specific Use Permit for a concrete
batch plant within Lot IR, Block 1 of the Denton Regional Medical
Center addition. The plant would occupy no more than .75 acres and
would be located north of the proposed Colorado Blvd. The 40.138
ac~e lot wag located northwest of Mayhill Road and northeast of
Interstate 35-E. (The Planning and Zoning Commission recommended
approval 6-0).
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City of Denton City Council Minutes
September 20, 1994
Page 12
Owen Yost, Urban Planner, stated that this site was to be no more
than .75 acres on land currently owned by Denton Regional Medical
Center. Current zoning was commercial with conditions and the
proposal was to allow a concrete batch plant to build Colorado
Blvd. The batch plant would be in place for only 2 weeks.
The Mayor opened the public hearing.
Glenn Midkift stated that he would answer any questions from the
Council.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 94-169
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR A TEMPORARY BATCH PLANT AND CONSTRUCTION SITE,
AS SAID PERMIT APPLIES TO NOT MORE THAN 0.75 ACRES OF LAND OUT
OF A 40.138 ACRE TRACT IDENTIFIED AS LOT 1R, BLOCK 1, DENTON
REGIONAL MEDICAL CENTER ADDITION, SAID SITE BEING LOCATED
NORTH OF THE PROPOSED COLORADO BOULEVARD, APPROXIMATELY 1,000
FEET NORTHWEST OF MAYHILL ROAD; PROVIDING A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council held a public hearing with regard to the
proposed annexation and zonihg of a 68 acre tract located north of
Ryan Road and east of Forrestridge Drive. (~-67)
Harry Persuad, Senior Planner, stated that on August 16, 1994
Council adopted an annexation schedule detailing the process of
annexation. A service plan was included to extend municipal
services to the site and was available in the Planning Department
for those interested. Upon the annexation effective date, police
and fire services would be available to the annexed area. The
service plan also set out the policies of the City with regard to
extending water and wastewater services to the site. Solid waste
collection would be available upon the effective date of the
annexation as would be street maintenance activities. The City was
not required to provide a uniform level of services for all areas
of the City. The Local Government Code provided that based on
considerations of topography, land use and population density, some
services might be different throughout the city.
City of Denton City Council Minutes
September 20, 1994
Page 13
Mayor opened the public hearing.
Wayne Ryan stated that he would like to keep all of his property
out of the city limits. He did not need the city water and
installing it would be very costly for him. He wanted to stay in
the country and did not want to be annexed into the City.
Ray Baker stated that he represented 11 families in the area. Many
of the families in the area had lived there for many years and all
did not want to be annexed into the city. Over the course of time,
the area would not fit the ordinances of the City and this would
create a significate hardship on residents to comply with city
ordinances and requirements because of the way the property had
developed. Some of the properties would not be immediately
assessable to the services proposed. The neighbors had met on
several occasions and there were many questions regarding the
proposed annexation. A poll of the 11 families indicated that none
of them were in favor of the annexation. He was not clear on what
was the reason for the City to annex this rural area of only 11
families.
Bob Heilig stated that the economic burden caused by this proposed
annexation would be significant. Water and sewer would be
available and then he would not be able to use his well. He was
upset about that kind of ~ cost to have city water and sewer.
Money was going out in the form of City taxes but no services would
be received for that money. He had questions regarding road
maintenance for the area.
The Mayor stated that there were speaker cards from individuals
indicating opposition but who did not wish to speak - Stanley
Ratliff, Tammie Carlson, Karen Baker, David Carlson, Rosemary
Ratliff, Wayne and Beverly Stephens.
The Mayor closed the public hearing.
No action was required by the Council aG this time on this
proposal.
D. The Council held a public hearing with regard to the
proposed annexation and zoning of a 263 acre tract located north of
Jim Christal Road and west of Masch Branch Road. (A-66)
Harry Persuad, Senior Planner, stated that this annexation schedule
and service plan was the same as for the prior annexation.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
City of Denton City Council Minutes
September 20, 1994
Page 14
The Mayor closed the public hearing.
No action was required by the Council
proposal.
at this time on this
7. Consent Agenda
Chew "aye", Perry "aye", and Mayor Castleberry "aye".
carried unanimously.
Chew motioned, Smith seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Miller "aye", Smith "aye",
Motion
Bids and Purchase Orders:
1. Bid #1665 - Fiber Optic Components
2. Bid #1667 - Concealable Soft Body Armor
3. Bid #1671 - Library Server & Workstations
4. Bid #1654 - Cooper Creek Manhole Rehabilitation -
Phase II
5. RFSP #1657 - Integrated Library System
6. RFSP #1600 - High Technology Procurement for
Central Irrigation and Athletic Field Light Control
System
7. P.O. #47637 - Municipal Valve & Equipment Co.
8. P.O. #47800 - American Management System
8. Ordinances
Council considered the Consent Agenda Ordinances A.- E.
Brock motioned, Chew seconded to adopt Ordinances A.- E. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
A. NO. 94-170
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 #1665,
7.A.2. - ~'~id #1667, 7.A.3.- Bid #1671)
B, NO. 94-171
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.4. - Bid #1654)
C. NO. 94-172
City of Denton City Council Minutes
September 20, 1994
Page 15
97
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.5. -RFSP #1657,
7.A.6. -RFSP #1600)
D. NO. 94-173
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OR MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.7. - P.O.
#47637)
E. NO. 94-174
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (7.A.8. - P.O. ~47800)
F. The Council considered introduction of an ordinance
amending Ordinance No. 90-026 relating to Rules of Procedure for
the City Council of the City of Denton, Texas, and repealing
Ordinances 93-073, 92-115, and 90-150.
City Attorney Drayovitch stated that pursuant to Section 2.14 of
the Council's current rules of procedures, this ordinance appeared
as an introduction and would be voted on at the next council
agenda. At the earlier work session, the Council considered
several, amendments to the ordinance which included: (1) every
reference to a personal pronoun would be changed so as to be gender
neutral, (2) Section 3.3D would add applauding to the list of
audience activities not allowed during the meetings, (3) an
amendment for a tie vote would be placed in Section 7.5 indicating
that matters voted on by the City Council which resulted in a tie
vote would automatically be placed on each subsequent Council
meeting agenda until a full council was present, and (4) Section
10.1 would be deleted from the rules and procedures.
Perry motioned, Brock seconded to direct staff to prepare an
ordinance as per directions. On roll vote, Brock "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
98
City of Denton City Council Minutes
September 20, 1994
Page 16
G. The Council considered adoption of an ordinance retaining
the lawfirm of Wolfe, Clark & Henderson to represent the City of
Denton in litigation pending against the City.
City Attorney Drayovitch stated that
recommended approval of the ordinance
continue representing the City.
staff had previously
to retain the firm to
The following ordinance was considered:
NO. 94-175
AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF
WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN
LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Smith motioned, Chew Seconded to adopt the ordinance. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
9. The Council considered a motion to appoint the Chairs of the
Board of Adjustment and the Sign Board of Appeals.
Frank Robbins, Executive Director for Planning and Development,
stated that Section 10.7 of the City Charter indicated that the
Council would appoint the chair of the Board of Adjustment and as
the Sign Board of Appeals was a board of adjustment, CoUncil would
appoint both chairs.
Brock motioned to appoint Larry Collister as chair of the Board of
Adjustment. On roll vote, Brock "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Brock motioned to appoint Dena Fairfield as chair of the Sign Board
of Appeals. On roll vote, Brock "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
10. Vision Update
Council Member Miller stated that the impact groups were proceeding
with the meeting presentations at Ryan High School. The impact
groups would present their findings to the public at those
meetings. He stated that the project needed public support and
input regarding the various issues.
11. Miscellaneous matters from the City Manager.
(Note: No page 99 and i00)
City of Denton City Council Minutes
September 20, 1994
Page 17
101
Council considered Work Session Item #4.
4. The Council considered Council Committee Affiliations.
Mayor Castleberry indicated that the agenda back-up materials
listed the preferences of the Council Members.
Council Member Chew indicated that he would like to serve on the
Municipal Court Committee and be the Public Utilities Board
liaison.
Council Member Miller indicated that he would like to serve on the
Municipal Court and the Visioning committees.
Mayor Castleberry indicated that there were two requests for the
Agenda Committee from Council Member Perry and himself.
Consensus of the Council was to have those two members serve on
that Committee.
Mayor Castleberry indicated that there were three requeSts for the
Audit Committee and as only'three serve, the members would stay the
same.
Consensus of the Council was to have those members remain the same.
Mayor Castleberry indicated that there were two members of the
Economic Development Committee and there were three requests to
serve on that Committee. He indicated that he would not serve on
the Committee which would leave Mayor Pro Tem Brock and Council
Member Perry on that Committee.
Consensus of the Council was to have Mayor Pro Tem Brock and
Council Member Perry serve on that Committee.
Mayor Castleberry indicated that there was one request from Council
Member Cott to serve on the Investment Committee.
Consensus of the Council was to have CoUncil Member Cott serve on
that Committee.
Mayor Castleberry indicated that there were requests from Council
Members Chew, Miller and Smith to serve on the Municipal Court
Advisory Committee who were the current members.
Consensus of the Council was to have those Council Member continue
on that Committee.
Mayor Castleberry indicated that Mayor Pro Tem Brock and Council
Member Miller had requested to continue on the Vision Committee.
(Note: No page 99 and 100)
102
City of Denton City Council Minutes
September 20, 1994
Page 18
Consensus of the Council was to have those members serve on that
Committee.
B. Acting City Manager Robbins stated that the Georgia
Pacific application for the Enterprize Zone designation had been
approved.
13. New Business
The following items of New BusinesB were suggested by Council
Members for future agendas:
A. Council Member Smith suggested looking at a speedier
process for closing streets for neighborhood activities.
Be
system.
Council Member Miller suggested a tour of the Internet
14. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 8:30 p.m.
~ITY OF DENTON, TEXAS
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