Minutes October 25, 1994161
CITY OF DENTON CITY COUNCIL MINUTES
October 25, 1994
The Council convened into the Closed Meeting on Tuesday, October
25, 1994 at 5:15 p.m. in the Civil~Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Received a legal opinion concerning the City of
Denton's provision of fiber optics service.
2. Considered action in Dawson v. City of Denton.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Received legal advice on the selection of the City
Attorney.
The Council convened into the Work Session on Tuesday, October 25,
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 regarding fire protection alternatives.
Chew motioned, Perry seconded to defer the item until the 1995-96
budget session.
Council Member Cott indicated that the issue may have been
discussed many times, but that there was a need to solve the issue
now and not wait.
Council Member Miller stated that he would like to discuss the item
and hoped that the issue was not closed just because the Council
had previously discussed it.~ He felt that the Council had not
fully explored all of the possible options. Deferring discussion
on the item was not an appropriate action at this time.
Mayor Pro Tem Brock stated that deferring the issue to the next
budget cycle would be many months away and after the next electionJ-
162
City of Denton City Council Minutes
October 25, 1994
Page 2
She was concerned about the-time element and felt that there was a
need to consider some of the options to examine if they had merit
or validity. She was against postponing a discussion of the item.
Mayor Castleberry agreed with Council Member Chew as the item had
been discussed many times and it was important to mo~e ahead.
Council Member Miller asked for a restatement of the motion.
Council Member Chew stated that his motion was to defer to the
1995-96 budget.
Council Member Miller stated that there would be no action on this
item until October of 1995.
Chew stated that the issue would be reviewed at the appropriate
time when considering the budget when it would not be an emotional
issue or political issue and could be looked at realistically.
On roll vote, Brock "nay", Cott "nay", Miller "nay", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye" Motion
carried with a 4-3 vote. '
2. The Council received a report and held a discussion regarding
street light standard for dusk-to-dawn lighting.
Jim Harder, Director of Electric Utilities, stated several months
ago the City had received a complaint during the installation of
dawn to dusk lighting for off-street parking. The complaint was
received from a resident near a church on Teasley Lane. The
residents were being disturbed by light scatter from the lights.
Staff looked at the street light standards to make sure that the
same lighting standards which applied to the actual foot candles
were the same as for off-street parking areas. Staff worked on a
revised standard which would still meet the foot candle standards
to provide the necessary lighting but at the same time address the
light scatter problem. The lighting standard was revised to have
a horizontal cutoff so that the light fixture would be recessed in
the holder so as to eliminate the light scatter. These types of
lights were placed on a 30' pole as opposed to the normal 20' pole.
When installed at the church, the problem was corrected.
Council Member Perry stated that between Carroll Ave. and Bolivar
on Headlee and Mimosa Streets, the lights did not shine as brightly
as other areas.
Harder stated that that was the standard for street parking
lighting. The complaint was for off-street lighting which was
163
City of Denton City Council Minutes
October 25, 1994
Page 3
adjacent to a resident area and was a different standard.
Council Member Cott stated that the lights near the new park which
worked the best were the ones away from the moisture at night. It
appeared to him that the higher the standard, the. better the
illumination. If the vegetation was high, the light was dulled.
Harder replied that in the case of off-street parking lighting,
there was rarely a vegetation problem.
Mayor Pro Tem Brock stated that she had asked for an update on this
issue due to a citizen complaint. She was not aware that the City
provided this service to the citizens and felt that others might be
interested in that fact that the City provided this service.
Harder stated that in the last four months, when the city had
receive a request for dawn to dusk lighting, staff had gone to the
neighbors to inform them of what had been requested. If there were
any indications of a problem, staff returned to the requestor and
asked him to change to a different light to cut down on the amount
of scatter of the light.
Mayor Castleberry indicated that there was a fee for this service.
Harder replied correct.
3. The Council discussed attendance at the UNT and TWU Board of
Regents meetings.
Mayor Pro Tem Brock Stated that some of the Council had attended a
meeting with mayors and city council members from other university
cities and discussed experiences in building closer relationships
between university and city. One idea which came out of that
meeting was to rotate council members attending the Board of
Regents meetings which usually met once a quarter. She suggested
the Council consider doing that as a routine procedure. She felt
that the City had moved closer in a more cooperative relat~.onship
with the universities and felt that this procedure would s,~ow the
Council's interest in the universities and allow the Council to be
aware of issues which might impact the city. She asked if the
Council would be interested in attending such meetings.
Council Member Cott felt that the mission statements of the
universities were far beyond the City of Denton and was not sure
what could learned from them.
Council Member Miller felt that it was a good point to attend the
meetings.
164
City of Denton City Council Minutes
October 25, 1994
Page 4
Council Member Perry stated that he had no objection to Council
Members attending the meetings in their own rights. There were
many contact points between the City and the universities and he
did not see the need for a formal schedule to attend the meetings.
Mayor Castleberry felt that the relationship between ~he City and
the universities was very good and before attending their meetings,
felt that there should be some kind of contact to let them know why
the Council would be interested in attending their meetings.
Council Member Miller suggested having the City Manager talk with
the universities to see what their views would be for this type of
procedure.
Mayor Castleberry stated that the item was listed for discussion
only and that Council could not give staff direction.
City Manager Harrell asked if the Council would like the item
placed on the next agenda.
Mayor Castleberry replied yes.
4. The Council discussed the possibility of taking a field trip
to view the Internet system at the University of North Texas, and
gave staff direction.
City Manager Harrell stated that Council Member Miller had asked
for the possibility of taking a field trip to view the Internet
system.
Gary Collins, Director of Information Services, stated that the
Internet was a connection of many networks tied together under the
sponsorship of the Federal government. TWU and UNT had access to
the system. He had talked with Dr. Gandel to have the Council tour
the system and Dr. Gandel indicated that he would be available the
week of November 7th. Such a tour would last approximately one
hour and a half.
After discussion, Mayor Castleberry indicated that the tour would
be on November ?th at 4500 p.m. if any Council MemDer desired to
participate.
The Council returned to the Executive Session.
The Council convened into a Special Called Session on
October 25, 1994 at 7:00 p.m. in the council Chambers.
Tuesday,
City of Denton City Council Minutes
October 25, 1994
Page 5
165
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented a proclamation for Denton Pharmacy
Week.
2. The Council considered an request by William Bolin for an
exception to the noise ordinance for Saturday, October 29, i994 at
1215 Knight Street.
Joseph Portugal, Assistant to the City Manager, stated that this
request was for an exception for Saturday, October 29th. There
would be live entertainment and the request asked for an exception
until 11:00 p.m. The requestor had taken the time and effort to
get the approval of the residents on Knight Street.
Council Member Chew asked if all the residents had been contacted.
William Bolin stated all adjacent residents and those across the
street had been contacted.
Mayor Castleberry asked if that included the neighbors at 1215
Knight Street.
Bolin replied yes and also included the resident on McCormick.
Brock motioned, Smith seconded to approve the exception. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye" Perry "nay" and Mayor Castleberry "aye"
' ' · Motion carried
with a 6-1 vote.
Mayor Castleberry presented the Yard of the.Month awards to:
Virgil and Mary Mitchell
Jim and Emma Perry
Tom and Dalla~ Newell - UNT Health Center
Texas Bank
3. Public Hearings
A. The Council held a pubic hearing and considered adoption
of an ordinance annexing and temporarily zoning .a 68 acre tract
located north of Ryan Road and east of Forrestridge Drive (First
Reading). (The Planning and Zoning Commission recommended aDDroval
3-1).
166
City of Denton City Council Minutes
October 25, 1994
Page 6
Harry Persuad, Senior Planner, stated that Council agenda backup
included the lengthy minutes from the Planning and Zoning
Commission. Staff had had two neighborhood meetings. Services to
be provided upon effective date of the annexation included police
services patrolling and response to calls; fire and EMS services;
street maintenance; environmental health and code 'enforcement;
planning and development services; parks and recreation; capital
improvement programs; use of all publicly owned facilities,
buildings and services such as library services; neighborhood
delivery services programs; and CIP participation. Additional
services such as the solid waste collection service would be
extended within 60 days of annexation. There was a perception that
water and wastewater services would be extended automatically but
that was not the case. Developers.and landowners were required to
pay the cost for the cost of water and sewer main extensions.
Major concerns of the homeowners included: (1) Drainage - Because
of developments around Forrestridge and Montecito there was an
issue of drainage in the area. (2) Existing businesses in the area
- Any current business would be a legal non-conforming use and
staff would work with the residents to customize the zoning areas
which would better suit their needs. After annexation, those
businesses would remain as is in the City limits. If destroyed by
fire or by a natural disaster of over 50% of the value, it would
not be allowed to be rebuilt. To safeguard that situation, staff
was recommending to put into place a zoning classification to take
care of that situation. (3) Zoning restrictions and quality of
life - There were some deed restrictions used by the properties in
order to protect land uses in the area. After annexation, the
City's zoning regulations would put the City into a position to
enforce land use in the area. (4) Well use agreement - Three
residents had a right to use a private well in the area until other
water was readily available in the immediate vicinity. Wording of
the agreement indicated that the right to.use the well would
continue until the purchaser had other water readily available in
the immediate vicinity. Staff did not feel that the annexation
would change the water/wastewater situation. Annexation would not
change the availabilit~ of the water. (5) Concern about animals,
including ducks, stray'cats, and horses - The current ordinance
required that those animals had to be kept at least 200 feet away
from a home. According to the Code Enforcement Department, those
regulations were only enforced based on a complaint. If a
complaint were received, the ordinance would be enforced. (6)
Breeding animals in the area - The current ordinance restricted the
keeping of breeding animals in the City. Staff was proposing to
amend the current ordinance to allow breeding animals within an
agriculture district. (7) Concern about maintenance of Ryan Road
- There was a proposal to annex that portion of Ryan Road. (8)
Existing swimming pools - Staff was proposing an amendment to the
City of Denton City Council Minutes
October 25, 1994
Page 7
167
current ordinance to require a pool enclosure six months after
annexation. Based on the schedule of annexation, a three fourths
vote was required in order to continue any further action. The
Planning and Zoning Commission had voted 3-1 to recommend
continuance.
Council Member Perry asked for the number of businesses in the
area.
Persuad stated that one individual had a wood working shop which he
intended to expand after retirement. The customized zoning would
take care of those businesses. Whatever was in the area now would
be brought into the City and continue to exist. Staff would like
to work with the business owners to customize the zoning so that it
would not affect them in the future.
Mayor Castleberry opened the public hearing.
No one spoke in favor.
David Carlson stated that the eleven families in the area were
against the annexation. He addressed the service plan. Police and
fire protection were already provided by the County and they were
comfortable with that service. The service plan for water and
wastewater was written as though the area was not developed. If the
residents wanted water and sewer, they would have to incur the cost
of installing the lines. If the other residents did not run City
water and sewer, there was the possibility that property resale
value might decrease. They had been told that as long as the
existing septics worked in the area, they would be able to keep
them. If they stopped working and the house was within 200 feet of
a sewer line, that house could be forced to hook on to the sewer
line. The Service Plan addressed the CIP plan. He was unclear
what benefit that might be since the drainage seemed to be
corrected with the Ryan Road development.
Mayor Castleberry asked if Carlson was aware that the City and
Denton County had an agreement~on aL~bulance service and every year
both entities had a discussion regarding services'. Some smaller
areas 'were thinking of going to a private ambulance service.
Carlson replied that he was not aware of that possibility.
Mayor Castleherry asked if Carlson or his family used any City
parks or recreation programs.
Carlson replied that they participated in YMCA activities and paid
non-residential fees.
168
City of Denton City Council Minutes
October 25, 1994
Page 8
Fred Opaskey presented documents which indicated that he had an air
conditioning business. The section of home occupation in the
Denton Code indicated that there could be no employment of
additional persons and a contractor's shop was ~xcluded in the
schedule of uses. The schedule of uses from the Code Book listed
that a contractor shop or storage yard had to be zon6d commercial
and not agricultural. Staff did not understand that and indicated
that he could be annexed as a home occupation. The Denton Code did
not allow this since he was a mechanical contractor corporation.
How could it be grandfathered in as a corporation. If his business
burned more than 50% after annexation, he would not be able to
rebuild it. He did not believe in custom zoning and he urged the
Council to vote against the annexation.
Ray Baker stated that the eleven families appealed to the Council
to carefully review all of the issues before making a decision on
this annexation. None of the families were in favor of annexation
and many were against it for good reasons. Each had built in the
area in order to be in a-rural area and had maintained that
lifestyle. To some that was a livelihood. Many would be in
violation of various City ordinances upon annexation such as the
cattle ranch in the area and the veterinarian service. They had
been told that the ordinances could be changed but that was not a
definite situation. The facts were clear that customize zoning
would not change the fact that they would be in violation upon
annexation. Property annexation was normally done to ensure the
future development of an area. The City had waited 10-15 years too
long to annex this area.
Stan Ratliff stated that this was not simply a matter of property
taxes. If that were so, he would donate his share of taxes to the
City in order to not be annexed. The issue was a matter of
lifestyle. He was concerned that he would have to spend money to
bring his property up to code and about some code enforcement being
done on complaint basis only. He felt that he had been mislead by
City staff. Staff had given him a vague assurance about customized
zoning for the area. The Planning and ~oning Commission indicated
that it might not be possible to do tha~. The City was requi~ed to
provide increased levels of service which the Service Plan did not
provide for. The residents would receive no benefit for being
annexed and he asked the Council to do the right thing and vote no.
Ron Crownover stated that he appreciated the Council Members who
had taken the time to listen to their concerns. He felt that the
proposed annexation would affect each resident in a different
manner. He moved to the area to have a simpler style of living in
the country. He was a veterinarian and had various animals on his
property. Some of those animals would not be appropriate to the
City of Denton City Council Minutes
October 25, 1994
Page 9
169
City. He also bred horses as part of his veterinarian service. At
the Planning and Zoning Commission it had been explained that the
area would be zoned agriculture and he would be a grandfathered
variance. He was concerned by the comments made by Mr. Drake,
Assistant City Attorney, indicating that he would be a
nonconforming use for zoning only. There was an illegal
nonconforming status available for this situation because they were
under nuisance violations of the Code. Drake also told the Planning
and Zoning Commission that customizing of the ordinance dealt
primarily with zoning and the nuisances such as animals were
already covered by City-wide ordinances and there should not be any
exceptions even to their sector. Animal Control had been out to
view his situation and it appeared that of his eight neighbors, he
would be in violation of five of them. He knew that this would be
on a complaint basis and that everything would be fine unless there
was a complaint. If there was a violation, he then could not do
his work.
Bob Heilig stated that this annexation would disrupt their lives.
He would lose his water service currently provided by a neighbor.
He was told that upon annexation, he could hook up to Cit~ water
but he would have to pay for the line connection which would cost
approximately $35,000. He had spent money on a workshop and garage
for retirement income but as he was not currently doing this
business, he could not begin it after annexation. The City's
answer was to apply for commercial zoning. When he purchased his
property, the City had no interest in annexing this area. All the
families in the area were in opposition to the annexation as it
provided no incentive for them.
Rosemary Ratliff stated that she had spoken to ten of the
households involved in the annexation and all were opposed to the
annexation. She could not understand why the Council would annex
the area when all the residents were in opposition. They had been
told that they would have to put up a pool fence upon annexation
which would cost a great deal of money. The day after annexation,
they were told that inspectors would be.sent out, to determine other
ways they would be in viol~tion. She was not concerned with the
cost of taxes as opposed to the cost to get their property in
compliance with City regulations. They would have a severe problem
with these necessary compliances. She was concerned about how some
questions had been vaguely answered. She asked the Council to vote
against the annexation.
Tammie Carlson stated that the area had been changed from a crooked
line in the City's boundaries to an area with a d~ainage problem.
Staff had explained to them that with the improvement currently
being ma~e to Ryan Road and the drainage implements which would be
170
City of Denton City Council Minutes
October 25, 1994
Page 10
put in place as well as the development in Forrestridge, the
drainage issues would be resolved. Staff had told the Council that
the area needed to be annexed before any help could be given and
that the CIP funding would help. However, the funding was
currently allocated through the year 2000. She had a concern
regarding grandfathering and the fact that complaints dould destroy
their businesses. She was also concerned with the way City staff
chose to view the City ordinances and the fact that they did not
care that they were enforced on a complaint basis only. The City
ordinances were clear on what was lawful. They were currently in
compliance and staff was asking them to come into city and break
the law as long as no one complained. This did not maintain their
quality of life. Ail eleven families were opposed to this
annexation and she asked if the Council could guarantee that their
lifestyles would not be altered by this annexation.
Wayne Ryan stated that he raised cattle on his property and his
property would not meet all of the City ordinances if annexed. If
someone moved into the area who did not like cattle, he would be in
violation of the City's ordinance. He did not need City water and
sewer and did not want it. He did not use City parks and
libraries. He was satisfied with the fire protection which they
received from the Argyle Fire Department. He asked Council to not
approve the annexation.
Mayor Castleberry indicated that he had speaker cards from Karen
Baker, Linda Heilig and Kathy Opaskey who indicated that they did
not wish to address the Council but were in opposition to the
annexation.
Mayor Castleberry indicated that the residents had a list of
questions which they wished to be answered. He felt that some of
them had already been answered such as a concern for the future of
existing businesses.
Tammie Carlson asked about the Opaskey business which was a
mechanical business which was not permitted in an agricultural
zoned area.
Acting City Attorney Bucek stated that it would be a non-conforming
use and if burned down and was more than 50% damaged, it could not
be rebuilt. With a non-conforming use, the zoning did not apply.
Council Member Cott asked what it would take to give the residents
the guarantee they wanted.
Persuad stated that staff had informed the residents that they
would be working with them to customize the zoning to meet their
City of Denton City Council Minutes
October 25, 1994
Page i1
171
needs in the case of a disaster so as to be able to rebuild. There
were two alternatives to do that. One was to mark the entire
property as a planned development and select those lots to indicate
where business would be allowed and what conditions would be
allowed. That would insure that the business could continue in the
future and protect the environment from a large scale ~xpansion of
business uses in the neighborhood. The area would not be zoned
commercial as there would be too many uses with that type of
zoning. The area would probably be zoned commercial with
conditions to limit the kind of uses. Staff would have to work
with the residents to determine the size of the businesses, etc.
Council Member Cott asked if that would be done before annexation.
Persuad stated that it would be done after annexation.
Council Member Cott stated that the animal breeding was a difficult
concern.
Persuad stated that the current ordinance did not allow breeding
animals within the City limits. In order to make the ordinance
more user friendly, the current ordinance allowed for a farm or
ranch within the City limits. Staff was proposing an amendment to
allow the breeding of animals within the City limits. There was a
potential problem if people within 200 -feet .of the animals
complained. In terms of use of the land, there was the intent to
customize the use of the land.
City Manager Harrell stated that staff had planned to have the
amended ordinance before Council prior to the final reading of this
annexation. It was felt that this was a problem all over the City
where there was agricultural zoning.
Carlson replied that Dr. Crownover would stil~ be in violation with
animals within 200 feet of homes.
Persuad stated that he understood from the Animal Control st~ff
that even today if there was a violation, nothing would be done
until there was a complaint received. Staff would work with the
County and owners of property to resolve that problem.
Mayor Castleberry stated that another question was the maintenance
of Ryan Road which had been answered. The next question involved
the cost to connect to existing sewer lines which had also been
answered. Existing drainage problems had been answered. The
residents expressed a concern regarding an ~xi~ting w~ll agreement.
Carlson stated that it still remained a potential problem for one
172
City of Denton City Council Minutes
October 25, 1994
Page 12
resident.
Mayor Castleberry stated that it was still a concern because the
agreement among the three had a clause that at such time as water
was available in immediate vicinity, the agreement would
discontinue.
The Mayor closed the public hearing.
Chew motioned, Perry seconded to continue the annexation process.
Council Member Miller stated that this had been a long process and
Council had been correct in requesting action because the area was
surrounded by the City. It was not a foregone conclusion that the
property would be annexed. If the neighbors did not want to be
annexed, what would be the benefit for this annexation. He could
determine that it would only provide a straight City boundary and
would not provide a real benefit to the City. He also felt that
this annexation would put more of a strain on the requirement of
the City's Fire Department. He indicated that he intended to vote
against the annexation as it did not meet the test for the best
interest of the City.
Mayor Pro Tem Brock stated that the area was close to a busy
airport and two busy highways. Originally she felt that annexation
was only a matter of time for the area. After looking at the
specific problems of the area, she felt that there was no immediate
compelling need to annex the area and had a concern with the
amendments proposed for some of the City ordinances. She planned
to vote against the annexation.
Council Member Petty'felt that the quality of life the residents
wanted could be enhanced by coming into the City. Staff would work
with the citizens to ensure that that quality would continue.
On roll vote, Brock "nay", Cott "nay", Miller "nay", Smith "nay",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
failed with a 3-4 vote.
B. The Council held a public hearing and considered adoption
of an ordinance annexing and temporarily zoning a 263 acre tract
located north of Jim Christal Road and west of Masch Branch Road
(First Reading). (The Planning and Zoning Commission recommended
denial 4-0).
Harry Persuad, Senior Planner, stated that this service plan was
similar to the previous annexation. A concern of the residents
related to barbed wire and staff was proposing to amend the
City of Denton City Council Minutes
October 25, 1994
Page 13
173
ordinance to allow barbed wire fences in an agriculture district.
The current ordinance would also be amended to allow the breeding
of animals in an agriculture district. Requirements to build curb
and gutter would not be triggered. Residents had expressed concern
about the extension of City water and Wastewater lines. Staff had
indicated that that it was the responsibility 6f the land
owner/developer.
The Mayor opened the public hearing.
No one spoke in favor.
Nedra Mitchell stated that the annexation was not valid at this
point in time. The area was already rural with eleven homes on
1,300 acres. Zoning controls already existed in the area with two
homes already in the City, five homes in the Airport Zoning and all
of the homes in the ETJ. Interim usage and services were not
equitable and the Service Plan offered leftover service and city
codes were incompatible with agricultural usage. The changing of
City codes was unfair and selective code enforcement was risky.
The Planning and Zoning Commission questioned the validity of the
annexation and voted denial of the annexation.
Mayor Castleberry temporarily closed the public hearing.
Acting City Attorney Bucek stated that the Council had the right to
not belabor an item if it was not to the benefit of the City and
its residents. The Council could not take a vote on the item until
a full public hearing had been held and all speakers done.
However, the Council could do a consensus of how the members felt
about the item. If the Council was willing to comment, it might
reduce the number of presentations in light of the Council,s views.
Mayor Pro Tem Brock stated that' on the basis of the earlier public
hearing and on the Planning and Zoning Commission,s recommendation,
she intended to vote against annexation at this time.
Council Mgmber Smith stated that she agreed with Mayor Pro Tem
Brock and %/ould vote against the annexation.
Council Members Miller, Cott and Chew agreed.
Mayor Castleberry reopened the public hearing.
Gene Price stated that the major reason people did not want to be
associated with the City was the way in which it regulated its
citi2en~ fo~ example the use of the American flag and what could be
done with property such as trees. Once the Council understood that
174
City of Denton city Council Minutes
October 25, 1994
Page 14
and loosened regulations, the Citywould be attractive to people.
The Mayor closed the public hearing.
Cott motioned, Brock seconded to deny the annexation On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye",'Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. The Council considered a variance to Section 34-114 (17) of
the Subdivision and Land Development Regulations for Lot 1, Block
1, of the Fred Hill Addition. The 1.781 acre site was located on
the south side of Hickory Street at Bradshaw Street. (The Planning
and Zoning Commission recommended denial 5-0.)
Chew motioned, Smith seconded to grant the variance due to the fact
that the applicant had no other relief other than to seek
restitution from the City.
Council Member Miller stated that he was sympathetic with the
request but still had some questions. He was afraid that the
Council would be setting a precedent if approved.
Acting City Attorney Bucek stated that only in an identical
situation would the City be setting a precedent. If another person
came with a similar situation, the City would have to grant that
variance also.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
5. The Council considered adoption of an ordinance approving
Amendment $4 to the agreement with the City of Denton and Freese
and Nichols, Inc. for professional engineering services for
improvements to the Denton Municipal Airport.
This item was Pulled from consider'tion.
6. Th~ Council con~iderQd approval of a re~olution congratulating
the University of North Texas in achieving their Division I status
in football and their acceptance into the Big West Conference.
The following resolution was considered:
City of Denton City Council Minutes
October 25, 1994
Page 15
175
NO. R94-067
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CONGRATULATING THE UNIVERSITY OF NORTH TEXAS IN ACHIEVING
THEIR DIVISION I-A STATUS IN FOOTBALL AND THEIR ACCEPTANCE
INTO THE BIG WEST CONFERENCE.
Perry 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.
7. The Council considered approval of a resolution endorsing the
efforts of the National League of Cities and the Texas Municipal
League to fully inform our citizens about the impact of federal
mandates on our city finances and the pocketbooks of our citizens,
City Manager Harrell stated that Council had considered a simila~
resolution in the past. This week was National Unfunded Mandates
week.
The following resolution was considered:
NO. R94-068
A RESOLUTION OF THE CITY OF DENTON, TEXAS, ENDORSING THE
EFFORTS OF THE NATIONAL LEAGUE OF CITIES AND THE TEXAS
MUNICIPAL LEAGUE TO FULLY INFORM OURCITIZENSABOUTTHE IMPACT
OF FEDERAL MANDATES ON OUR CITY FINANCES AND THE POCKETBOOKS
OF OUR CITIZENS; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimousl¥.~
8. Miscellaneous matters from the City Manager.
The City Manager did not have any items for consideration.
9. There was no official action taken on Closed Meeting Items
discussed during the Work Session.
10. New Business
The following items of New Business were suggested by Council
Members for future agendas:
176
City of Denton City Council Minutes
October 25, 1994
Page 16
A. Council Member Perry ~suggested a discussion and
information on small businesses ~in the City with regards to
economic impact on the city, tax value, and recognition of small
businesses.
B. Council Member Miller stated that Aaron Br6dy from the
KNTU Radio station had mentioned that they were having difficulty
with the feed off of the City's sound system. Brody indicated that
the equipment to improve the sound system in the Council Chambers
would cost approximately $2,000. Brody indicated that he would be
willing to provide the specifications and install the system.
Miller suggested looking at Brody's proposal to improve the sound
system.
11. The Council did not meet in Closed Meeting during the Regular
Session. '
With no further business, the meeting was adjourned at 9:30 p.m.
CITY OF DENTON, TEXAS
ACC00221