Minutes November 15, 1994209
CITY OF DENTON CITY COUNCIL MINUTES
November 15, 1994
The Council convened into the ClOsad Meeting on Tuesday, November
15, 1994 at 5:15 p.m. in the Civil Defense Room.
Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Miller, Perry, and Chew.
Absent: Council Member Smith
The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Considered action regarding the possible default of
GTE under the telephone franchise.
B. Real Estate --Under TEX. GOV't CODE Sec. 551.072
C. Personnel/Board Appointments --Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into Work Session on Tuesday, November 15, at'
6:00 p.m. in the City Council Chambers.
Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Miller, Perry, and Chew.
Absent: Council Member Smith
1. The Council received a report, held a discussion, and gave
Staff direction regarding the nomination of a candidate for
possible appointment to the Denton Central Appraisal District's
Appraisal Review Board. -
Kathy Dubose, Executive Director for Finance, said the Appraisal
Review Board was responsible for reviewing disputed assessments and
attending reappraisal hearings. In the past the City had
coordinated efforts with the Denton Independent School District to
bring forth a nomination to the Council. Because of constraints
and the time consumption required by the process, the individual
the DISD approached was unable t serve. Dubose said a list of the
existing Board Members and guidelines for board appointments was
included in Council's backup material.
Mayor Pro Tem Brock was not sure of the role of the Council in the
matter. Since the DISD did not have a candidate to recommend she
wanted to know if the Council would be making a separate
recommendation or if the Council's nomination would go back to the
DISD for consensus.
DuBose stated that the nomination would be forwarded directly to
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the Denton Central Appraisal District.
Brock wanted to know if the Council's recommendations would be
suggestions to the Board or if they would be actual appointments.
She asked who took official action on the nominations.
DuBose responded that the Appraisal District was asking for
nominations and the Board would make the final decision.
Brock wanted to know if the Board would seek nominees through other
means if the various governing bodies did not come up with enough
nominees.
DuBose said she assumed that would be the case but did not know for
sure.
Brock also asked if the nominees could be reappointed if their
terms were expiring.
DuBose said from the information provided to Staff, there was no
mention of term limitations.
Perry asked how many nominations the Council could make.
Dubose responded that Council could recommend as many nominees as
they wished'to fill the four open positions.
City Manager Harrell suggested that Council's chance for getting a
nominee selected would argue for one nomination or at most two
since the nominations were spread throughout the County.
Perry asked if any of the four positions expiring in 1994 were up
for reappointment to the Board.
DuBose commented that she knew of no term limitations.
Brock asked if the Board appointments were paid positions.
DuBose replied yes. The information provided by the Denton Central
Appraisal District said Board members received $50.00 minimum for
a half day and $12.50 per hour for every hour worked after the
$50.00 minimum. Maximum pay was capped at $100.00 per day. She
said the Board Members could work daily from the time 9eriod May
through July when they concentrated on the reappraisals.
Miller asked when the nomination were due.
DuBose responded that they would normally be due in December but
the Appraisal District asked for nominations by the 15th of
November.
Miller said that normally Council would talk with an individual
before their name was nominated.
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Page 3
Mayor Castleberry indicated that he spoke with Roland Laney, a
former PUB member, who indicated an interest in serving on the
Board. Mayor Castleberry thought he might ~e ? good choice since
he was an architect and had knowledge of buildings.
Brock motioned, Chew seconded to nominate Roland Laney. On roll
vote, Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye",
Perry "aye", Chew "aye". The motion passed unanimously.
2. The Council received an update on the Greenbelt Corridor and
a proposal for the development of environmental enhancement
projects under the Army Corps of Engineers Section 1135 Program.
Howard Martin, Director of Environmental Operations, updated the
Council on the Greenbelt Corridor activities that had taken place
since the contract was approved in January of 1994. He also
discussed possibilities on other programs that would be compatible
with the Greenbelt also associated with environmental enhancement
projects under the Army Corps of Engineers Section 1135 Program.
The final approval on the Greenbelt activities took place in June
where the Corps was the last member to sign the contracts. He said
since that time the Corps had completed project surveying,
initiated land purchases along the Greenbelt area, and was in the
development of conceptual plans for Greenbelt facilities. As a
result of the public input and pressure from special interest
groups the Corps included projects different than Staff originally
envisioned. As a result, the Corps revised their cost estimates as
well as the original plan for the full scope of the Greenbelt.
That resulted in a $13.4 million project instead of the estimated
$9.3 million. He said both Dallas and Denton were working with
very closely with the corps to bring the project cost in line with
the original cost estimates. Martin said the Council backup
material included.alternatives the project sponsors felt would
maintain the integrity of the project and provided a cost estimate
-of $9.3 million. Martin said the remaining issues that had not
been addressed involved ongoing maintenance of the Greenbelt. He
said Council would rex ~mber that Texas Parks and Wildlife had
indicated an interest in operating and maintaining the facility but
over the course of development backed out of the original
agreement.' Martin said Texas Parks and Wildlife was still
interested but would like the project sponsor to assume the
operating and maintenance costs. Martin said Staff would continue
to work on the issue with Texas Parks and Wildlife.
Brock noticed that the Corps included alternatives having a l0 feet
wide concrete biking trail. She suggested a more natural and less
expensive surface the that joggers and other users would find more
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November 15, 1994
Page 4
congenial than the concrete surface.
Martin said that was exactly one of the areas Denton and Dallas
were trying to compromise. He said both sponsors agreed the
original intent was to maintain a rule of character for the area.
Martin said the sponsors planned an improved gravel surface built
similar to County road specifications which would cost around $2.5
million rather than $800,000 for the concrete surface. Martin also
mentioned that instead of having ariel crossings on the equestrian
trails the cost could be reduced by making improved low water
crossings which could substantially lower the costs and utilizing
existing parking lot at 428 and 380 have all resulted in
compromises on the facility that maintain the integrity and intent.
Martin said they felt good about the alternate plan that had been
recommended to the Corps.
Cott suggested that the walk be made as easy as possible for the
handicapped.
Martin said the facilities would be handicapped accessible.
Cott asked what the City's share of the cost would be.
Martin said 16.25% of the $9.5 million or roughly $1.5 million. If
the cost were to go up the City's share would remain 16.25%.
Miller asked if Martin was satisfied that parking would be adequate
for the facilities at the three locations.
Martin responded yes. He said the strategy was to go ahead and
purchase the land so that improvements to the areas could be made
at a later date. Martin said no compromises were made in the land
area.
Mayor Castleberry wanted to know if there had been any discussions
on the Dalhoma Trail.
Martin said it was still conceptual in nature, he said Staff fully
expects the Greenbelt to be utilized in the Dalhoma Trail and the
City's Rails-to-Trails.
Martin discussed possibilities under the Section 135 program to
look at projects that were compatible with the Greenbelt
development. He pointed out the Upper Flood Control Pool the
Greenbelt Corridor connects to the Upper Flood' Control Pool of
Lewisville. The Upper Flood Control Pool of Lewisville was the
area with possibilities of development of other related projects.
He said they had identified four or five projects that were
City of Denton City Council Minutes
November 15, 1994
Page 5
213
possibilities under the environmental enhancement program at the
Corps. They discussed conceptually the Qevelopment of an
environmental learning center where other opportunities such as
self-guided nature trails existed; land reclamation projects;
riparian forestry habilitation along the Greenbelt Corridor; the
hiking and biking trail along the east side of the Elm Fork; and
establishing a wildlife refuse with access points off the Greenbelt
into the area, and managing the area as a wetland. He said since
the land was owned by the Army Corps of Engineers the City would
not have to purchase additional property and would be utilizing
some of the area the City had access to. Under Section 1135
Program the opportunity exists to develop a scoping of the project
with no cost to the City. That would focus the level of activity
of the individual projects and allow a feasibility study at no cost
to the City. At that point if the City engaged in a feasibility
study the Corps would front the cost. The only cost to the City at
the end of the stud~ would be a 25% reimbursement. The City would
at that point have the option to move into the implementation and
construction part-of the project. Martin said if the City were to
move into the construction and implementation stage the federal
government would pick up 75% of the cost and the City and or other
project sponsors would fund the remaining 25% of the project. He
said that option gave the City the opportunity to develop a scope
of work and to possibly move in and look at the feasibility of a
project for a relatively small amount of money. He anticipated
costs of around $15,000. With the Section. 1135 Program, the
sponsors are responsible for the ongoing maintenance and operation
of the facility. If the sponsors could Work something out with the
Texas Parks and Wildlife it was possible they would be interested
in operating the area for the City. Martin said that a lot of
opportunities existed but he needed some indication from the
Council if that those were areas Staff should explore. He said
once costs had been identified they would come back to Council for
approval.
Perry said that recreation was a big part of it but the 1135
Program also dealt with the enhancement of the City's water supply.
There was a find opportunity because of the Corps owned property to
establish a wildlife refuge since the railroad runs through the
area forming an embankment. He said US 380 also formed a natural
dike across the upper part of the Lewisville Reservoir. Perry said
there was a little part of the Crosstimbers Forest in the natural
state that was worth preserving. He said the opportunity existed
to preserve an ecological system that over the long term would
almost equal Haggman Wildlife Refuge off Lake Texoma where
thousands of people go just to look. He said the project would
not be too costly and would help preserve the City's water supply.
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Page 6
Miller wanted to know if the project would be done unilaterally by
Denton or jointly with Dallas.
Martin said he did not think the City could count on Dallas'
participation with that part of the project. It would strictly be
a Denton sponsored project. He stated that the sponsors did not
have to be municipal entities to participate the projects.
Miller asked if there was competition for funds under Section 1135.
Martin stated that the funds had already been approved and
authorized for the Corps to use. The only limitation was that any
one project could not exceed $5 million.
Cott asked for a rough estimate of the City's cost for the project.
Martin explained that the cost would depend on the overall scope
and components that would be added. A rough estimate at that point
would be around $15 thousand,' give or take a few thousand. He said
the City could certainly adjust the scope if needed before entering
into the feasibility study.
Cott asked who would be responsible for security without the forest
service.
Martin replied that the City, as sponsor of the project, would be
responsible for that area without the assistance of Texas Parks and
Wildlife or similar entity.
Mayor Castleberry asked if the Council wanted to direct Staff to
move ahead-and come back at a later date with more concrete costs.
The Council nodded in agreement.
3. The Council received a report on the Third Annual City Open
House.
Joseph Portugal, Assistant to the City ~anager, reviewed the Third
Annual City of Denton Open House. Portugal said he worked with 12-
1~ members of the City Staff who all spent a great deal of time,
effort, and labor to make the Open House a signature event for the
Staff and the City. It gave the Staff an opportunity to put their
best foot forward, share with the public what Staff does and how~
and educate future citizens by sharing how Staff operated the City.
Portugal reviewed slides from the Open House and explained many of
the activities that took place throughout the day. He said Joe
Ayers from the Traffic Department made special signs for the
schools that attended the Open House. The Committee prepared City
NOTE: There is no page 215 & 216.
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City of Denton City Council Minutes
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Page 7
of Denton Activity Books for the younger audience. The schools
attended the Open House in grand fashion. There were 7 elementary
schools and 2 middle schools as well as a number of private and day
care facilities. He said a lot of work went into making the Open
House a signature event. Many City employees were involved in
setting up the Civic Center activities the day before the event.
He said they worked from 9:00 a.m. until 1:00 p.m. The Departments
came in at 1:00 p.m. to set up their exhibits. Portugal said Staff
also prepared Keep Denton Beautiful bags filled with the activity
book and crayons. The Public Information Officer displayed several
taped City Council meetings for the public to see. Staff set up
the arching demonstration on risers. The young students that came
loved the demonstration and learned a lot about electricity and
what to be mindful of in that regard. City Staff was stationed at
the information booth to greet the public and to distribute the
City of Denton Listing of Services. Portugal said a lot of
positive response was received from the Listing of frequently
called numbers. He said each of the classes attending the Open
House had one or more employees assigned to assist them through the
exhibits. Portugal mentioned that color coded dots were placed on
the students to identify them by school in case they were separated
from their group. During lunch time many of the students had an
opportunity to look at their activity book which gave them of
information about the various City Departments. Approximately
1,300 students attended the Open House. Portugal said the outside
displays were a lot of fun even though the weather did not help
much. Even with the weather positive responses were received from
the school and the public at large. The students always enjoyed
seeing the police and fire vehicles. Portugal said Rodney
Patterson, a Health Inspector with the Environmental Services
Department, was personally responsible for orienting all seven
elementary schools and both middle schools. Portugal said
Patterson did an outstanding job and received special recognition
for his efforts. Some of the employees in the Utilities Department
made a scale of the downtown used to demonstrate how water could be
used to generate electricity. The Texas Department of
Transportati~ provided handouts to give to the studeni~ and also
supplied a video for them to watch. For the middle schoul students
Staff put together a packet of information which included the
history of Denton, form of government, and basic facts about the
City. Throughout the day there were a number speakers for the
middle school students. Portugal said one of the biggest
attractions at the Open House was the snake at the Animal Control
display.
Mayor Castleberry commented that Staff did a great job despite the
weather. He said that did not seem to dampen the enthusiasm of the
children.
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City of Denton City Council Minutes
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Page 8
The Council convened into a Regular Session on Tuesday, November
15, 1994 at 7:00 p.m. in the Council Chambers.
Present: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Miller, Perry, and Chew.
Absent: Council Member Smith
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of a resolution of
appreciation.
Mayor Castleberry asked Authur C. Behrens, Lt. Paul Abbott, and
Police Chief Mike Jez to come to the podium.
The following resolution of appreciation was considered:
NO. RA94-013
A RESOLUTION IN APPRECIATION OF "AUTHUR C. BEHRENS"
Chew motioned, Perry seconded to approve the resolution. On roll
vote, Cott "aye", Brock "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
Behrens responded that after 30 years in his position he should
have been a little smarter that to have been taken in so easily by
his fellow Reserve Officers and liaison with the Department but he
was truly impressed. He really appreciated the resolution and
thanked everyone involved.
Mayor Castleberry also called Mrs. Behrens to the podium as fellow
members of the Reserves processed to the front of the Council
Chambers to honor him.
Police Chief Mike Jez thanked Behrens and the other Officers for
the extremely vital role they played in the Police Department. He
said without fail, every time he had called on Chief Behrens and
the Reserve Officers for assistance they had always been there.
Jez again thanked them for their dedicated service to the City.
Mayor Castleberry also extended appreciation on behalf of the
Council to the tactical team for the beautiful display the colors
at the Denton Municipal Complex Open House.
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Mayor Castleberry presented a proclamation for Key Club Week.
3. Citizen Report
A. The Council received a citizen report from J.R. Bob
Browning regarding a request for the City Council to place on their
agenda for the regular meeting scheduled for December 6, 1994,
consideration of a resolution which would direct city staff to give
written authorization to Argyle Water Supply Corporation to extend
its lines to provide water service to a 92 acre tract of land on
the east side of Bonnie Brae, south of the City of Denton, in its
ETJ.
Bob Browning addressed the Council on behalf of 20 property owners
who owned tracts of land located on the east side of Bonnie Brae
near the intersection with US 377, within Denton's ETJ. He said
those owners bought their land, ranging from 3-8 acres each, from
Brighton Trading Company which subdivided the original 92 acre
tract known as Hawk Valley in 1992. He said in 1992 it was
entirely legal under existing state law to divide property in that
manner without any required platting process provided that no part
of the property was dedicated for streets, alleys, parks, squares,
or other public uses. No part of that property had been dedicated.
He said in connection with the subdivision and sale of the tract,
the developers promised to provide water to the buyers of the tract
by either drilling wells or extending water from Argyle Water
Supply Corp which served the area to the south of the 92 acres and
desired to extend its service lines to provide water to the tracts.
He stated that Argyle Water had formerly requested from the City of
Denton written authorization to serve the properties but had been
denied by the City Staff in attempt to force the owners to file for
subdivision platting. Browning said City Staff indicated to him
that Argyle Water Supply had not previously be~n granted permission
to serve the property because the property was not platted when it
was subdivided. Allowing them to serve the properties without
platting might establish a precedent which could indicate to others
contemplating illegal subdivision activities that they could expect
to obtain water service from Argyle without complying with the
platting requirements. Browning said to the contrary, the
subdivision occurred in 1992 when the subdivision was legal under
State Law if water was provided from wells. Browning felt his
request would not establish any precedent which could be relied on
by anyone considering a new subdivision under current laws. He
said the developer had the funds available to drill the artisan
wells needed to provide water to all of the property owners and had
~ommenced %he drilling wi%h one well already completed. The
preferable alternative was to allow Argyle Water Supply Co. to
provide water service to the properties without platting for
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City of Denton City Council Minutes
November 15, 1994
Page 10
reasons including: Argyle could provide service for the same cost
as drilling wells, the 6 inch water lines would provide lasting
future benefit to property owners in Denton, construction of the
water lines would open up additional development opportunities in
the area and increase the tax base, and Argyle believed the water
line extension was preferable to drilling in order to protect the
ground water supply. Browning requested that the Council place on
the December 6 agenda consideration of an ordinance directing City
Staff to give written authorization to Argyle Water Supply to
extend a six inch water line to serve the properties without
requiring the property owners to file a plat. Browning said the
developer had the money to drill the wells to serve the properties
maintaining a legal subdivision, but felt it preferable to spend
the money building infrastructure that would provide lasting
benefit to the property owners and the City.
Mayor Castleberry asked Acting City Attorney Mike Bucek for legal
information regarding the citizen's request.
Bucek said Staff had visited with Browning on the issue. He agreed
with Browning that there was no violation of the platting law so
long as no public improvements were needed to the property. When
Argyle Water supplies an improvement that would be a public
improvement because it would have to go in the easement and the
City would ultimately be responsible for maintenance when the
property was annexed. That would indeed set a precedent. Bucek
said the problem was that the Council would be granting a variance
and would need to determine the hardship. Bucek recommended that
Council look at the issue from the stand point of it would be a
variance if granted and would they want to do similar variances in
future cases.
Browning responded that he was not the alleged wrong doer in the
situation but was simply trying to work out a tough situation for
the property owners. He said they were indeed asking for a
variance to the platting requirements because the developer had a
finite amount of money to spend in the area. The developer did not
have enough money pave roads, build drainage improvements,~ or
sidewalks that would have to be done. There was enough money
available to drill the wells The developer wanted to spend the
money where it counted most ~or the residents and the City.
Cott asked Bucek what was the cure for the developer if the Council
voted against the request and what would be the cure for the
jurisdiction, presumably Denton.
Bucek responded that the 20 people would need to agree to make the
drainage features and improve the road. As Browning said, the 20
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City of Denton City Council MinUtes
November 15, 1994
Page 11
people have not been willing to make that broad of an agreement.
Bucek said that would be the remedy. Bucek asked for clarification
on the jurisdiction issue.
Cott said to assume the developer does what he wanted to do without
Council permission. He wanted to know if that situation would be
handled the same as if it occurred in the City limits.
Bucek responded 'that if the developer wanted Argyle Water they
needed to plat. He said other people with large 3-5 acre tracts
could legally do the same thing that developer did. If the sewer
line system was done with aseptic tank and wells were drilled
according to County and State requirements those things could be
done. When the City came out there and ran water lines those tying
on to the lines would be required to pay the prorata to get on the
line.
Miller asked if the platting law had changed since 1992.
Bucek stated that the laws had changed but even under the new law
water wells could still be done without platting if no public
improvement were needed.
Miller asked if a developer came in to subdivide under existing law
would they subdivide under the same law now that existed in 1992.'
Bucek said the platting law had changed. The law reads you would
subdivide or lay out streets. If the developer just subdivided the
theory developers used was that if they drew in the lines they
would not have to file a plat or dedicate but if they were putting
in streets they would have to. He said under the current law the
developers had to plat if they subdivided. The key law in
situation was really the utility connection statute that passed in
1987 and amended in 1989 which said approval of the city was needed
to get a certificate to obtain water from a public water system.
Bucek said Browning was really asking for the platting requirement.
Browning responded that the drilling could be completed legally
because the subdivision was completed in 1992. He said that could
not happen in a subdivision completed in 1994 because the law had
changed. He said if Council made the exception and allowed them to
spend their money on water lines instead of water wells it would
not establish a precedent to be relied upon in 1994 or future years
to gain an exception to the platting requirements.
Bucek responded tha~ under the new law people could pu% in wate~
wells and septic tanks systems. That could be a precendential
value if the City allowed the water wells to be waived and
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November 15, 1994
Page 12
connected to the water system.
Browning replied that he understood Bucek's prior comment to be
that if lines were drawn across the property and subdivided that
would require a plat.
Bucek responded that a plat would be required but the public
improvement requirements would also be required. He said the
developer had to show that something was being dedicated to the
public.
Miller felt it would be an appropriate request to have the item on
the agenda for consideration and a public hearing.
Perry commented that a developer approached him with the notion of
variances on a similar issue and not wanting to meet platting
requirement. He felt if the issue was moved on to the agenda or if
Council granted the variance the Council would see a number of
similar request. He believed the Council would be setting a
precedent for granting the variance. He was not in favor of moving
the issue forward to the agenda.
Mayor Castleberry said the wording on the agenda would not allow
Council to take an action on the item but if the Council was
interested it could be brought back as a work shop item.
Miller replied that bringing the item back was not to say that it
would be approved but felt it was something the Council should
study.
Cott said the issue came up because the developer ran out of money.
He Said it had nothing to do with platting or anything else and did
not feel that was the forum to solve the problem.
Mayor Castleberry said there was not a consensus to put the item on
the agenda but since any Council Member could request that the item
be placed on the work session that would be done.
B. council received a citizen report from Larry Bailey
regarding the zoning at 220 W. Congress (formerly Benchmark Club
and Eatery)
Larry Bailey said he owned property on Bolivar, West Congress,' and
other places in town. He represented himself and many other
residents to ask for help from the City an the County. He was
trying to save the neighborhood from decaying and being trashed any
more than it had been. Bailey referenced the 200 Block of West
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City of Denton City Council Minutes
November 15, 1994
Page 13
Congress, Bolivar, North Elm and the surrounding area. He said the
problem began some six or seven years ago when the City of Denton
permitted the Benchmark Club and Eatery to open without any notice
or warning. He said since that time there had been destruction of
property, peace, quiet, and tranquility of life, patrons parked all
over the place throwing bottles and cans in their yards, as well as
patrons vomiting, urinating and having open sex. He said the
Police came when called to dispense the crowd. He also said a
female was once raped on his property. Bailey often called to have
the vehicles towed from his property and sometimes had to call for
Police backup. Bailey said he was aggravated, disgusted and mad.
He said unless something was done they would have an even larger
problem than before. The Benchmark closed and there had been peace
for nearly a month. He believed the new establishment would be
called the Congress Street Knights and felt they would cause more
problems for them just as they had on Avenue A, Fry, Hickory, Oak,
and Mulberry Streets. He said the Congress Street Knights would
not have enough off street parking to obtain a certificate of
occupancy. He felt they would bring misery, disgust, hate,
decrease in property values, and increased police action.
Cott thought the issue fell under the sexually oriented business
laws. He asked what the Council could do or suggest to the
citizen.
Acting City Attorney Mike Bucek responded that the zoning category
allowed such use. Under the federal laws the City could not deny
any lawful use from having some place in the City.
Frank Robbins, Executive Director for Planning and Development,
-said the property was zoned correctly as a bar. He said a sexually
oriented business would not be an allowed use because of its
nearness to churches andresidential uses.
Bailey said he measured the area and had talked with the'Alcohol
and Beverage Commission and several Staff members. There was a
church 20 feet from the building but the way the zoning regulation
reads the distance ~.as to be measured from the front door, out to
the street, up the driveway. After that the distance was 304 feet.
Cott said he was invOlved in writing the SOB laws.
City Manager Harrell commented that the sexually oriented business
use was not authorized at that location. Should that type of
activity occur, the City would be in a position to make sure the
a~tivity ~ea~d. He ~aid that did not help with the problem Bailey
articulated. Harrell said the business was similar to the one that
operated there before and the zoning in place allowed that type of
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City of Denton City Council Minutes
November 15, 1994
Page 14
use. The parking that had been provided according to the zoning
ordinance was adequate. He said City Staff would be forced to
issue the certificate of occupancy if the requirements were met.
The only way the Council could act would be to institute a rezoning
action regarding that particular piece of property.
Robbins added that when his Staff received the certificate of
occupancy application, the would go through the process to see if
the City's codes and rules were met. Is so they would get the
certificate of occupancy. Robbins also mentioned that the
measuring technique was not a City ordinance but required by State
law. The City was preempted from measuring any other way. He said
that was an issue of legislation that cities took on every two
years.
Cott said there had to be a way for those people to live in peace
in their homes.
City Manager Harrell said even if by law the City was required to
issue the certificate of occupancy and the operation goes into
effect Staff would be willing to meet with the owners of the
establishment, the neighbors, and the Police Department to minimize
these occurrences before they were up and running.
Bailey asked if the neighbors had any input into the issuance of
the certificate of occupancy.
Harrell replied no and explained that it was not a discretionary
issue. If the requirements were met by law the City would-be
required to issue the certificate.
Bucek said the Alcohol and Beverage Commission's regulations
preempt city law. He said they have loose ~egulations regarding
what can go on in a bar. What occurs in Dallas and some other
cities is that they say businesses bars can not be closer than 1000
feet apart but the existing bars stay.
Bailey commented that the Congress Street Knights was a new
business.
Bucek responded that the use was looked at not the individuals
running the establishment. He said that many of the issues Bailey
referred to were enforcement problems.
Cott asked that Bailey work with Cecile Carson and give the City an
opportunity to help.
Mayor Castleberry clarified that the area was not zoned for -~
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November 15, 1994
Page 15
sexually oriented business and that use would not be permitted at
that location.
Castleberry "aye", Perry "aye,', Chew "aye".
unanimously.
4. Consent Agenda
Perry mOtioned, Brock seconded for approval of the consent agenda.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor
Motion carried
Se
Bo
Ordinances
1. Contract with United Way
2. Contract with HOPE, Inc.
3. Contract with North Texas Community Clinics
Bids and Purchase Orders
1. Bid # 1678 Tractor Backhoes
2. Bid # 1679 Emergency Pre-emption System
3. Bid # 1680 Fiber Optic Cable and Accessories
Ordinances
A. NO. 94-206
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTONAND UNITED WAY OF DENTON COUNTY, INC.; A~THORIZING
THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (4.A.1)
Brock motioned, Perry seconded for approval of th~ ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
B. NO. 94-207
AN OR~fNANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND HOPE, INC. AUTHORIZING THE EXPENDITURE OF
FUNDS FOR ASSISTANCE TO HOMELESS FAMILIES; AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT APPROVING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE. (4.A.2)
Brock motioned, Perry seconded for approval of the ordinance. On
roll vote, Drock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
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November 15, 1994
Page 16
C. NO. 94-208
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND THE NORTH TEXAS COMMUNITY CLINICS, INC;
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT APPROVING
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORAN
EFFECTIVE DATE. (4.A.3)
Brock motioned, Perry seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
D. NO. 94-209
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.
(4.B.1. #1678, 4.B.2. ~1679, 4.B.3. #1680)
Perry motioned, Brock seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance
authorizing' an extension to the City's contract with Canada Life
Assurance Company.
Tom Klinck, Director of Human Resources, requested that the Council
approve the contract with the current carrier for the City's group
long term disability insurance for employees. Approval would
extend the contract until January 31, 1996. He said the program
was competitively bid back in October of 1992. At that time Canada
Life Assurance was the lowest bidder and the Council authorized the
contract effective February 1, 1993. The ordinance would extend
the contract one additional year at the current rate.
The following ordinance was conside_.ed:
NO. 94-210
AN ORDINANCE AUTHORIZING AN EXTENSION TO THE CITY'S
CONTRACT WITH CANADA LIFE ASSURANCE COMPANY; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
Perry motioned, Brock seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
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City of Denton City Council Minutes
November 15, 1994
Page 17
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
F. Council considered adoption of an ordinance authorizing
an extension to the City's contract with North American Life
Assurance Company.
Tom Klinck, Director of Human Resources, said the contract was
similar to the one previously approved. The contract was for group
life insurance with North American Life Assurance. The program was
also bid in October of 1992 and the contract awarded in February of
1993. The ordinance would extend the contract to 1996 at the same
rate.
The following ordinance was considered:
NO. 94-211
AN ORDINANCE AUTHORIZING AN EXTENSION TO THE CITY'S
CONTRACT WITH NORTH AMERICAN LIFE ASSURANCE COMPANY;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Brock seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
G. Council considered adoption of an ordinance authorizing
the City Manager to execute an agreement between the City of Denton
and Heritage Land and Development Company, Inc. relating to the
acceptance by the City of Denton of a dedication of 9.5 acres of
land when certain conditions have been completed by the dedicator.
(The Parks and Recreation Advisory Board and the Planning and
Zoning Commission both recommend approval.)
Mickey Ohland, Park Planner, said a local development company
cantacted the Parks and Recreation Department wishing to donate 9.5
ac:es of land to the City for Park purposes. He said the property
was located on North Locust just north of Bell Avenue and Evers
Park to the West. The property was divided by Cooper Creek and was
in the 100 year flood plain. In addition to the land donation the
dedicator offered to repair and paint the existing bridge that
spaned Cooper Creek to the City's satisfaction, construct an 8 foot
wide concrete trail that would span from north to south across the
bridge, and $1,000 to be used towards maintenance of the property.
Ohland said the Planning and Zoning CommisSion and the Parks and
Recreation Advisory Board both recommended approval.
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November 15, 1994
Page 18
The following ordinance was considered:
NO. 94-212
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF DENTON AND HERITAGE LAND &
DEVELOPMENT COMPANY, INC. RELATING TO THE ACCEPTANCE BY
THE CITY OF A DEDICATION OF 9.5 ACRES OF LAND WHEN
CERTAIN CONDITIONS HAVE BEEN COMPLETED BY THE DEDICATOR;
AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Chew seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
H. Council considered an ordinance accepting the dedication
from Richard Adamson and wife of Lot 24, Block D, of Avondale
Addition, Section Three, in the City of Denton, Denton County,
Texas for public park purposes. (The Parks and Recreation Advisory
Board and the Planning and Zoning Commission both recommend
approval)
Mickey Ohland, Park Planner, said the owners of approximately .46
acres of land located on the eastern end of Avondale Park requested
to donate the property to the City for park purposes. He said the
property was in the 100 year flood plain and could be used as open
space for that park. The Planning and Zoning Commission and the
Parks and Recreation Advisory Board recommended approval.
The following ordinance was considered:
NO. 94-213
AN ORDINANCE ACCEPTING THE DEDICATION FROM RICHARD
ADAMSON AND WIFE OF LOT 24, BLOCK D, OF AVONDALE
ADDITION, SECTION THREE, IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS FOR PUBLIC PARK PURPOSES; AND DECLARINGAN
EFFECTIVE DATE.
Chew motioned, Perry seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
I. Council considered an ordinance providing for the
adoption of a policy for the installation of devices to safely
reduce vehicle speeds on certain types of streets.
City Manager Harrell said there had been a fairly extensive
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City of Denton City Council Minutes
November 15, 1994
Page 19
discussion at the Council's last work session regarding the speed
hump policy and the rules and regulations that governed
installation within the City.
The following ordinance was considered:
NO. 94-214
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR
THE ADOPTION OF A POLICY FOR THE INSTALLATION OF DEVICES
TO SAFELY REDUCE SPEEDS ON CERTAIN TYPES OF STREETS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Perry seconded for approval of the ordinance. On
roll vote, Brock "aye", Cott "nay", Miller "aye", Mayor Castleberry
"aye" Perry "aye", Chew "nay"
, . Motion carried with a 4-2 vote.
6. Resolutions
A. Consider approval of a resolution leasing parking spaces
located on the Williams Trade Square.
Kathy Dubose, Executive Director for Finance, said the resolution
renewed the lease with Denton County for 15 parking spaces located
on the Williams Trade Square. She said the conditions of the
contract were the same as in the past. The County would lease the
15 spaces at $14 per month..,~he agreement was renewed annually.
The following resolution was considered:
NO. R94-070
A RESOLUTION LEASING PARKING SPACES LOCATED ON THE
WILLIAMS TRADE SQUARE; AND DECLARING AN EFFECTIVE DATE.
Brock motioned, Perry seconded for approval of the resolution. On
roll vote, Brock "aye", Cott "aye", Miller "aye", Mayor Castleberry
"aye", Perry "aye", Chew "aye". Motion carried unanimously.
7. Vision Update
Council Member Miller said the Cabinet had a planning session that
past weekend to receive the input from the impact groups. After
considerable discussion Staff was directed to take the information
they developed and the recommendations made from the impact groups
and bring them back so the cabinet could determine its viability,
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City of Denton City Council Minutes
November 15, 1994
Page 20
priorities, and total vision for the City. He said a 3 hour
session had been setup for early December. Miller said it would
probably take several months to determine where to go with the
process and update the community.
Brock said the meeting was planned for November 28.
Cott responded that Council should now see what it was going to
cost to work on the programs. He said once the Cabinet had adopted
something that cost along with the source of the funds needed to be
exposed,
Miller responded that the Cabinet did not know at that time what
would be done or the costs. He said the presumption that all costs
came from City government was not correct. At some point they
would be talking specifics as to what would be done and the time
frame.
Cott suggested that was exactly the time to be discussing the cost
and source of funds.
Miller again stated that when the Cabinet knew what it was going to
do they would put a price tag on the projects with a time frame.
Brock said that no tax monies would be expended without the vote of
the elected representatives, the Council. She said no capital
projects would be undertaken without the recommendation of a
capital improvements committee with final approval through the
voters. She said the vision cabinet had no power or authOrity to
commit or allocate tax dollars.
8. Miscellaneous matters from the City Manager.
City Manager informed the Council that the next meeting would
consist of work shop items with a few regular items for business.
He said there would be no meeting on the fourth Tuesday of the
month, the 29th.
Council Member Perry announced the Agenda Committee proposal to
hold the annual review of the Municipal Judge, the City Attorney,
and the City Manager on the seconded Tuesday in December. He said
if that was agreeable to the Council they would begin at 5:00 p.m.
for the reviews.
Miller mentioned that Council was to review the performance of all
the judges which would bring the total to 6.
Mayor Castleberry said there would be no meeting on December 13.
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November 15, 1994
Page 21
Mayor Castleberry said there would be no meeting on December 13.
The time would be set aside for all the employees reporting
directly to the Council.
Brock asked if the Council would meet on December 20.
Harrell responded that was indeed a regular meeting date.
Harrell reminded the Council that the City - DISD luncheon was
scheduled for noon on December 7, 1994.
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:
Council Member Miller requested a Staff report outlining the zoning
laws and issues in 1992 versus the existing laws.
Mayor Castleberry thanked Staff for the well organized Open house
at the Denton Municipal complex. That was also the official
introduction of the new City flag.
Council Member Perry thanked the students for attending the
meeting.
11. Closed Meeting:
Council discussed the following in Closed Meeting during the
Regular Session:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
Considered action regarding the possible default of
GTE under the telephone franchise.
B. Real Estate --Under TEX. GOV't CODE Sec. 551.072
Ce
Personnel/Board Appointments
Sec. 551.074
--Under TEX. GOV'T CODE
With no further business, the meeting was adjourned.
VERONIC~
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON, T7s --.