Minutes February 7, 1995356
CITY OF DENTON CITY COUNCIL MINUTES
FEBRUARY 7, 1995
The Council convened into a Closed Meeting on Tuesday, February 7,
1995 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Cott, Perry, Miller and Smith.
ABSENT: Council Member Chew
1. The Council discussed the following in a Closed Meeting:
ae
Legal Matters
1.
-- Under TEX. GOV'T CODE Sec. 551.071
Consulted with attorney in the case of City of
Denton v. Juren and Alexander.
Considered settlement demand in the claim of Kim
Smith.
Considered settlement demand in the claim of David
Rose.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
Council Member Chew joined the meeting during the Executive
Session.
The Council convened into a Work Session on Tuesday, February 7,
1995 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 held a discussion and gave staff direction
regarding the city of Denton's Consolidated Plan and Community
Development Priorities.
Barbara Ross, Community Development Administrator, stated that the
former Comprehensive Housing Affordability Strategy was no longer
a valid document. Several years ago, the Department of Housing and
Urban Development required the completion of the Strategy in order
for the city to continue to receive Community Development Block
Grant funds and to begin to receive HOME Housing Funds. That plan
detailed housing and supporting housing needs within the City. The
new requirement, the Consolidated Plan, detailed housing and
supporting housing needs plus all of the activities which could be
funded through the Community'Development Block Grant or the HOME
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February 7, 1995
Page 2
program. The Community Development staff began working on the plan
last August. This plan required a 30 day public comment period and
would be presented at a formal Council meeting in the form of a
public hearing.
Louisa Rodriguez-Garcia, Program Assistant, presented the details
of the Plan. Requirements of the Plan included a housing market
analysis, assessment of housing and housing needs, homeless,
infrastructure, economic development, a strategic plan which would
look at needs such as special needs population, affordable housing,
lead-based paint hazards, anti-poverty, human services and fair
housing. The consolidated plan would included performing a human
services needs assessment, a small business survey, developing a
homeless focus group, performing a 1994 homeless count, holding
public hearings, developing
computer/software training.
Council Member Cott expressed
elimination of federal funding.
without such funding.
a self-sufficiency plan and
concern regarding the possible
How would the programs continue
Ross replied that the CDBG had been active in Denton since 1984 and
every year she wondered if the program would continue. The funds
were mainly spent on infrastructure projects and housing projects.
As these projects had a beginning and an end, it was understood
that there might be an ending to the funding. Each agency knew
that it must ask for funding each year and not expect the funding
to continue automatically. The City funding was a small portion of
the budget for these agencies and they might have to curtail
services but not discontinue services if there were no federal
money.
Council Member Cott felt that there was a need to start now to get
private financing for the future years for the programs.
Council Member Chew asked about the homeless count which was done
earlier.
Ross replied that the count was 43 but did not feel that that was
an accurate count.
Council Member Miller stated that the amount of federal funding
might be reduced but funding would not be completely gone.
2. The Council received a reDort and held a discussion regarding
the results of the 1995-96 Budget Priority Questionnaire.
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Jon Fortune, Chief Finance Officer, stated that th~ results of the
budget questionnaire were included in the agenda back-up materials.
The first section of the results was determined by average scores
and the second section results were priority scores. The second
section ranked the results by priority of response. The last
section of the questionnaire was a listing of individual comments
received on the questionnaire. The Council's responses would be
used in the budget process to formulate 1995-96 budget.
Mayor Pro Tem Brock expressed concern about the some of the
responses and the meaning of those responses. She was not sure
that she understood completely what the ranking meant and how the
staff would be using that ranking.
City Manager Harrell stated that in the past there was only the
first ranking which involved a ranking of all of the City programs
and indicated which ones needed to be increased during the next
year. That gave staff a general feel of how the Council would like
to proceed. Several years ago Council decided that the rankings
did not give the complete dimension of City services. The second
column was added to provide a priority of a particular service
which reflected the feelings of the Council. Staff utilized both
ratings to give a feel on the priorities of the Council.
Mayor Pro Tem Brock felt that there were some unclear ratings on
the questionnaire. She was surprised that high weeds and grass
ranked higher than fire suppression and that fire suppression was
ranked as needing additional effort but was 30th in the ranking.
Council Member Chew asked if Mayor Pro Tem Brock felt that the
Council did not understand the process of the questionnaire.
Mayor Pro Tem Brock replied that perhaps the Council did not come
to a common agreement on how to do the rankings.
Council Member Chew indicated that he understood the process very
clearly.
Council Member Miller felt that th~ C~uneil wam not clear on
process. He questioned how some areas were higher than others such
as Civic Center maintenance being higher than fire suppression. He
asked what interpretation was used in the second category. He
based his answers on not to do more or less but based his ranking
on the significance to the City on a ranking basis.
Council Member Perry felt that the survey represented the consensus
of the Council.
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Council Member Miller asked Council Member Perry how he interpreted
the second ranking number in terms of what it meant.
Council Member Perry replied that it meant to him that the City was
doing well in providing those services.
Council Member Miller stated that to him the second ranking number
meant how essential was the service to the City of Denton. He felt
it would be helpful to identify the high priority items for the
comments listed.
Council Member Chew stated that the rankings indicated the
Council's priorities and not the comments.
Council Member Miller indicated that the instructions on the
questionnaire stated that comments listed should indicate highest
priority.
Council Member Chew replied that those comments would be beyond
what was on the questionnaire. The ranking would take priority
over the comments.
Council Member Miller felt that the comments were another dimension
of the questionnaire and was in addition to the rankings.
Council Members Chew and Smith indicated that they did not
interpreted the questionnaire in that manner.
Council Member Perry stated that the comment section provided
additional flexibility for the rankings.
City Manager Harrell stated that the comment page was a way for a
Council Member to raise issues which he/she would like the other
Council Members to be aware of or for staff to be aware of. From a
staff standpoint, the comment section was used to get ideas of
issues and was not given the weight of the rankings.
Council Member Miller stated that he thought the Council had been
asked to list the highest priority item. He was merely interested
in what were the highest comments of the Council and did not mean
to imply that it would substitute the numerical rankings.
The Council convened into a Regular Meeting on Tuesday, February 7,
1995 at 7:00 p.m. in the Council Chambers.
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PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Council
meeting of December 6, 7, 13, and 20, 1994.
Perry motioned, smith seconded to approve.
Council Member Miller indicated that he was in attendance at the
December 7th meeting and asked that the minutes be corrected.
Council Member Smith indicated that she was present at the December
13th meeting and asked that the minutes be corrected.
Perry and Smith agreed to amend the motion and second to reflect
the noted changes. On roll vote, Brock "aye", Cott "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Mayor Castleberry presented a proclamation for American Heart
Month.
Council received a presentation by the Department of Labor. This
presentation was in recognition of an apprentice program in the
Electric Distribution Department. The program would be registered
with the Department of Labor for training of City employees.
3. Public Hearings
A. The Council held a public hearing and considered an
amendment to the Detailed Plan of a portion (Lots iR, 3, 4 and 8)
of Planned Development No.'l19 for Northwood Carden~ Professional
Office Park. The .494 acre (total) tracts were located near the
northeast corner of Old North Road and Highway 380. (The Planning
and Zoning Commission recommended approval 4-0.)
Frank Robbins, Executive Director for Planning and DevelOpment,
stated that this was an amendment to an existing planned
development detailed plan for a 4000 foot expansion and additional
parking.
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The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Cott motioned, Perry seconded to approve the amendment. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The council held a public hearing and considered an
ordinance rezoning 4.91 acres from a single-family (SF-10) zoning
district to a planned development district and adopting a detailed
plan. The site was located on the north side of Teasley Lane,
across from Sam Houston School, approximately 135 feet east of
Indian Ridge Road. (The Planning and Zoning Commission recommended
approval 7-0.)
Frank Robbins, Executive Director for Planning and Development,
reviewed the site plan and standards for the proposal. There would
be a private street with a gate at the entrance to the subdivision.
Single family detached homes would be built with some zero lot line
lots. Neighbors had expressed some concern regarding the density
of the development but the plan was consistent with the Denton
Development Plan. A gate would be installed with an opticom device
so that fire protection vehicles would be able to open the gates
prior to arrival at the subdivision. Other city vehicles would be
given a code in order to open the gates when necessary for city
business. Zero lot line standards which included standards for
roof run off and maintenance easement were included in the
proposal. An ideminification clause took priority over the
conditions listed in the ordinance. The property owners and the
homeowners association would indemnify the City against claims to
damages to the streets, damages to persons and property caused by
the city's use and from claims caused by failure of the Association
to design or construct the private improvements. There was also a
provision against a claim against the City because of a delay of an
emergency vehicle to proceed through the gate. The gate and
adjoining fence would be built in an existing utility easement. If
the City had to use the easement, the City would not be liable to
repair the fence or gate in the current easement.
The Mayor opened the public hearing.
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Brian Burke stated that the area was platted in 1980 for the
Catholic Church. The Church decided to go to a different location
and this property was eventually purchased by Mr. Moore. It was
felt that this proposal was best for the property. Drainage was a
consideration for the development of the area due to a low area in
the middle of the subdivision. Underground pipes and drains would
have to be built to take care of the drainage in the area. Another
consideration was access to the area. Different locations for the
gate had been considered but it appeared that the proposed location
would be the most suitable. Another concern of the neighborhood
was the number of lots for the area. As it was felt that there
were too many lots for the area, the set backs were increased to
15' and additional landscaping was included.
No one spoke in opposition.
The Mayor closed the public hearing.
Mayor Pro Tem Brock asked about the repair of Teasley Lane
sidewalks and public utilities.
Robbins replied that the City would maintain city water lines in
any easement.
Mayor Pro Tem Brock asked if that were similar to any nongated
community.
Robbins replied correct.
Mayor Pro Tem Brock asked if the Legal Department had reviewed the
indemnification clause.
Mike Bucek, Acting City Attorney, stated that the Legal Department
had revised some of the clauses. The provisions would be included
in the deed restrictions so that any one buying a lot would be
aware of those provisions. He felt that the clause was adequate
for City purposes.
The following ordinanc~ was considered:
NO. 95-018
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM SINGLE FAMILY DWELLING DISTRICT (SF-10) TO A
PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A 4.91 ACRE TRACT LOCATED ON THE NORTH SIDE OF
TEASLEY LANE, ACROSS FROM SAM HOUSTON SCHOOL; APPROVING A
DETAILED PLAN FOR THE DISTRICT; AUTHORIZING THE CITY ATTORNEY
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AND CITY MANAGER OR THEIR DESIGNATES TO REVIEW AND APPROVE AS
TO FORM AND COMPLIANCE RESTRICTIVE COVENANTS AND
INDEMNIFICATION LANGUAGE CONTAINED WITHIN DEEDS AND PROPERTY
ASSOCIATION BYLAWS AS PROVIDED IN EXHIBIT C; PROVIDING FOR A
PENALTY IN THE MAXIMUMAMOUNT OF $2,000 FOR VIOLATIONS OF THIS
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. Consent Agenda
Mayor Castleberry indicated that Bid #1695 had been withdrawn from
consideration.
Council Member Cott asked to pull Item A.2. for discussion. He
recommended that the Data Processing Advisory Board have a meeting
with a quorum prior to purchasing the items.
city Manager Harrell stated that there were two members present at
the Data Processing Advisory Board meeting. Unfortunately it was
a regular problem with this Board to have a quorum present to
review city action in this area. In cases like this, the meeting
was conducted with those present and then the remaining members of
the Committee were called with the information.
Perry motioned, Brock seconded to approve the Consent Agenda with
the exception of Bid #1695 Item A.3. On roll vote, Brock "aye",
Cott "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
A. Bids and Purchase Orders:
Bid #1693 - Fleet Vehicles Addendum #2
RFSP #1721 - Microcomputers
P.O. #52628 - Weff Industries
B. Contracts
Midcon - Spot Market Natural Gas
Energy Transfer Corporation - Spot Market Natural
Gas
Cornerstone - Spot Market Natural Gas
City of Corinth - Ambulance Services
city of Lake Dallas - Ambulance Services
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C. Tax Refund
George L. Rodgers/Safeco' Land Title of Denton
County - $536.19
5. Consent Agenda Ordinances
Brock motioned, Chew seconded to adopt the Consent Agenda
ordinances 5.A. - 5.G. with the exception of 5.C. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
A. NO. 95-019
AN ORDINANCE AMENDING ORDINANCE NO. 91-002 RELATING TO THE
AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO
PROVIDE FOR THE PURCHASE OF TWO ADDITIONAL PICK-UP TRUCKS BID ITEM
#1; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECTIVE DATE. (4.A.1. - Bid #1693)
B. NO. 95-020
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (4.A.2. - RFSP
~1721)
D. NO. 95-021
AN ORDINANCE AUTHORIZING THE PARTICIPATION IN THE COOPERATIVE
PURCHASING PROGRAM OF THE TEXAS PURCHASING GENERAL SERVICES
COMMISSION 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.A.4. -
P.O. ~52628)
E. NO. 95-022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT
BETWEEN THE CITY OF DENTON AND MIDCON GAS SERVICES CORP. FOR THE
PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.D.1.)
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Page 10
F. NO. 95-023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVINGAN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE AGREEMENT
BETWEEN THE CITY OF DENTON AND ENERGY TRANSFER CORPORATION FOR THE
PURCHASE OF SPOT MARKET NATURAL GAS; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. (4.B.2.)
G. NO. 95-024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN INTERRUPTIBLE NATURAL GAS SALES AND PURCHASE
AGREEMENT BETWEEN THE CITY OF DENTON AND CORNERSTONE GAS
RESOURCES, INC. FOR THE PURCHASE OF SPOT MARKET NATURAL GAS;
AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN
EFFECTIVE DATE. (4.B.3.)
6. Consent Agenda Resolutions
Smith motioned, Chew seconded to approve Consent Agenda Resolutions
6.A. - 6.B. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. NO. R95-012
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE. (4.B.4.)
B. NO. R95-013
A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR
AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. (4.B.5.)
7. Ordinances
A. The Council considered adoption of an ordinance annexing
and zoning a 1.1 acre tract located on and being the east part of
the right-of-way of Corbin Road. (First Reading, A-68) (The
Planning and Zoning Commission recommended denial 6-0.)
Harry Persuad, Senior Planner, stated that the ordinance proposed
the annexation of 1.1 acres being the east part of the right-of-way
on Corbin Road to effect a closure of Corbin Road at the Doint of
a low water crossing. Initially, staff felt there was a cost of
$7,000 per year to the City to maintain gates at the crossing. On
the other hand, the neighbors were against the closure of the road
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February 7, 1995
Page 11
as it would be an inconvenience to them. There was a public safety
hazard at the crossing with possible litigation issues. During the
Planning and Zoning Commission's public hearing, the residents
spoke against the closure. A representative of the Chamber of
Commerce linked this closure to negatively impacting the economic
development in the area. The Planning and Zoning Commission
considered those comments as well as the fact that there was
another crossing at the lower end of Corbin Road. The Planning and
Zoning Commission felt that since the City had to maintain a second
crossing on Corbin Road and plus the associated inconvenience of
closing the road, the recommendation for annexation should be
denied. According to the City Charter, in order to proceed with the
annexation there must be 6 affirmative votes of the 7 members
present.
Terri Meador stated the landowners in the area felt that the
property value would diminish if the road were closed and that
there would be a safety issue if closed. A statement had been made
that the closure would only affect a few people but at the last
public hearing, she had presented petitions signed by hundreds
indicating that the closure would affect many people. The closing
of this portion of Corbin Road would not save the City any money as
there was a second crossing to consider for closing. The primary
reason for this proposal was for safety and that crossing was being
depicted as a dangerous zone. There had been only one incident
since 1924.
Mayor Castleberry stated that there had been two pubic hearings on
the issue and this was another opportunity for individuals to speak
regarding the issue. He indicated that Ms. Meador had indicated at
a previous public hearing that she had driven into the low water
crossing and had to be rescued.
Meador stated that the water was higher than normal but not high
enough to close the gates. Her car had stalled in the water due to
driving into the water too fast. She was not injured and had not
asked for any help.
Lyle Whitworth ~tat~d that th~r~ w~ra s~v~n gates which th~ City
maintained and three water crossings. If the proposed area were
closed, the City would still have to maintain the other gates and
traffic would be diverted into a more dangerous situation. He
asked how much more water was diverted into the area after the
construction at the Airport began.
Council Member Cott replied that probably a lot of water had been
diverted. There was no question that that was what was happening
and would continue to happen with more development.
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February 7, 1995
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Whitworth stated that as far as a safety factor was concerned, if
the road were closed, traffic would be diverted into a more
dangerous area.
Mayor Castleberry stated that that crossing was already in the City
limits as this one was not. Denton had the authority to close that
one if it wanted.
Jackye Havenhill stated that since 1924 there had only been one
incident regarding the crossing. There might be other areas in
Denton which were more dangerous. If the proposed area of Corbin
Road were closed and then the second low water crossing blocked,
the residents would not have access to the area. She felt that
closing the road Would promote illegal dumping in the area. This
was not progressing but regressing in the area. More avenues
through the area were needed other than Airport Road.
Mayor Pro Tem Brock asked if the workers who closed the gates were
the drainage workers in the Utility Department.
Persuad replied correct.
Mayor Pro Tem Brock asked how the figure was determined for the
cost involved in closing the gates.
Persuad replied that the figures were for the first crossing on
Corbin Road. The costs also involved additional figures for
vandalized gates etc. Two of the three years used for an average
cost had higher rainfall which might had raised the average cost.
These closures were done by two crews and not one crew.
Mayor Pro Tem Brock stated that the City alone dealt with the low
water crossing even though it was partly in the County. She asked
if the city took on the expense of installing the gates.
Persuad replied that discussions at the time of installing the
gates indicated that the City did take on the responsibility for
the crossing.
Mayor Castleberry indicated that the County shared in the law suit
for the fatality.
Council Member Miller stated that when Council first began looking
at this proposal, he was not aware of a second crossing. He asked
if when one crossing wa~ ~los~d, th@ other was also closed.
Persuad replied correct.
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Council Member Miller asked when the gates were installed.
Persuad replied after the fatality in the area.
Council Member Miller replied that he had spent approximately 30
minutes in the area and that when the gates were closed it was not
possible to go around them with a vehicle.
Persuad replied correct.
Council Member Miller stated that the crossing east on Corbin Road
had the same construction where a vehicle could not go around the
gates when closed.
Persuad replied correct.
Council Member Miller stated that going south on I35 it appeared
that someone had access to Corbin Road.
Persuad replied correct that there appeared to be signs that
vehicles were using that road as an exit.
Council Member Miller indicated that there appeared to be another
such path near the second flood gate where vehicles could get
around the gates. When the process was started, he felt the
situation was simple to close the crossing to take care of the
problem. If there were many individuals using the road to get
across Airport Road to Bonnie Brae and both low water crossings
were closed, it would eliminate complete access to the area. In
terms of solving the overall problem would anything be accomplished
by only closing one low water crossing. He asked if it would be
possible to install additional signs where people enter into the
area warning then of any possible danger.
Council Member Cott stated that the Airport was one of the key
economic development areas of the community and one of the
entrances to the Airport was in this area. The road was a mess and
the County had to become more involved in the area as did the city.
He felt that more than one of these roads could not be ~lo~ed at
one time. The signage in the area was not good and he felt that
the legal position was not good. He recommended that the Council
take a long term view of situation and not do anything at this
time. He suggested discussing the situation with the County and set
a time limit for closure of the issue.
Mayor Castleberry asked the City Attorney to explain the legal
obligations regarding signs.
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Page 14
Acting City Attorney Bucek stated that there could be a sign in the
area and if the statement was not the correct statement, it would
not do any good. The issue was what the public perceived when
approaching the sign. The law indicated that a reasonable warning
must be given of a dangerous area if there was a defect which could
not be observed. If there was a problem in an area with no warning
signs and someone had a problem in the area, the city would not be
liable as it did not know of the problem. If a problem came up
again in the same area, it needed to be corrected because at that
point, the City knew there was a problem in the area. The problem
in the proposal was that there was some publicity already about the
area and could be used against the City in another case. The City
knew that there was a problem in the area and that could be used
against the City ±n a suit.
Council Member Smith stated that she had viewed the area and felt
that both low water crossings were problems. She also understood
the position of the residents. This was an extremely difficult
situation to weigh all factors and to determine the right decision.
She felt that there might be other solutions to handle both
crossings or other ways to solve the problem rather than closing
the road.
Council Member Perry asked if the area were annexed, would the city
be in a better position to do something about the situation.
Persuad replied that the proposed annexation would allow the City
to have control over the entire Corbin Road in order to effect the
closure. Any annexation in that area, in the short term, would not
be beneficial in terms of dollars and cents. Over the long term,
the area had future potential for the city. The purpose of the
annexation was tied to the closure of the road.
Mayor Castleberry stated that if the area residents had a concern
about illegal dumping in the City limits, they should call for
removal. If the dumping was in the County they should call the
County for removal. He expressed concerned about the discussion at
the public hearings regarding the city building a bridge over the
low water crossing. He felt that the non-residents were out of
order to expect Denton residents to spend that kind of money on a
bridge and the Council would not be doing its job properly if that
amount of money were spent. It had been overlooked in the
Planning and Zoning Commission meeting that Jim Christal Road would
be realigned with the West Oak Street overpass. The bids had been
let for that area. Anyone from area businesses would have easier
access to the offices out through Jim Christal Road. He thought it
was very interesting that the Chairman of the Denton Chamber of
Commerce felt this was an economic development issue. This was not
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February 7, 1995
Page 15
an economic development issue and did not affect the development of
Airport. The Planning and Zoning Commission was an appointed
board. The Council was elected and if another accident happened,
the Council would be blamed, not the Planning and Zoning
Commission. He felt that it was the responsibility of the Council
to protect the citizens of Denton. Every time it rained, he
wondered if the gates were closed. There was the problem of human
error and if it happened again, there might be a greater tragedy.
He urged the Council to take care of the problem. The Council had
considered three zoning cases which in work session they felt
needed to be considered and twice the cases had been voted down.
It was time to stop spending money if the Council was not going to
proceed with these issues. If the Council did not do this, no one
else would do it. There was the possibility of another fatality at
the next rain and he did not want to continually worry about it.
A life was worth a whole lot more than driving 1.1 miles around a
closure.
Chew motioned, Perry seconded to adopt the ordinance to annex the
property.
Council Member Miller stated that public hearings were intended to
allow the Council to decide on an issue at the end of discussions
rather than before. He had asked that this process be started. When
the process was started, the situation was somewhat different than
he found after the public hearing and the investigation process.
He was not aware of a second low water crossing. The safety issue
would not be solved by closing this one crossing. He agreed that
the access to and from the Airport was Airport Road and
infrastructure needed to be developed north rather than south of
Airport Road. Regardless of decision, the City did not have the
funds to do lot with the road over the next few years. Voting
against the annexation did not mean that he was any less concerned
about safety as before.
Mayor Castleberry stated that the Council should go out and view a
project before beginning annexation. In three annexations, the
Council had wasted time and money.
On roll vote to adopt the annexation ordinance, 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 considered adoption of an ordinance annexing
and zoning a ~99.5 a~r~ tract located east of Mayhill Road and
north of Edwards Road. (First Reading, A-64). (The Planning and
Zoning Commission recommended approval 5-0.)
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February 7, 1995
Page 16.
Harry Persuad, Senior Planner, stated that the proposed ordinance
related to the annexation of 199.5 acres. The purpose of the
annexation was to have the City's landfill located on the site.
The City had purchased all of the tracts except for 10 acres.
According to the City Charter, 6 affirmative votes were required to
proceed with the annexation. The zoning of the tract for the
landfill was not included in the annexation proposal.
Perry motioned, Smith seconded to adopt the ordinance. (First
Reading). On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
C. The CounCil considered adoption of an ordinance approving
an agreement between the City of Denton and Texas Woman's
University to provide funding to TWU CARES, a primary health care
clinic.
Barbara Ross, Community Development Administrator, stated that last
June Council approved the Combined Statement for the CDBG and HOME
programs which included $20,000 for TWU CARES. The program would
provide health care for low income families.
The following ordinance was considered:
NO. 95-025
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWU CARES,
A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT APPROVING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute Amendment No. 1 to the agreement
between the City of Denton and united Way of Denton County, Inc.
dated December 7, 1993 and Amendment No. 1 to the agreement between
the City of Denton and United Way of Denton County, Inc. dated
November 15, 1994, to allow additional time for the expenditure of
fund~.
Barbara Ross, Community Development Administrator, stated that the
amount of time necessary for the United Way to spend the 1993-94
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City of Denton City Council Minutes
February 7, 1995
Page 17
contract year had not been estimated correctly. The first
amendment extended the 1993-94 contract and the second amendment
indicated that the 1994-95 contract would begin after the 1993-94
contract had been completed.
The following ordinance was considered:
NO. 95-026
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1
TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF
DENTON COUNTY, INC., DATED DECEMBER 7, 1993 AND AMENDMENT NO.
1 TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY
OF DENTON COUNTY, INC., DATED NOVEMBER 15, 1994 TO ALLOW FOR
ADDITIONAL TIME FOR THE EXPENDITURE OF FUNDS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Miller motioned, Perry seconded to adopt the ordinance. On roll
vote, ~Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance amending
the charges for use of the landfill; and authorizing the
Superintendent of the Solid Waste Department to deny the use of the
landfill to customers providing false information. (The Public
Utilities Board recommended approval.)
The following ordinance was considered:
NO. 95-027
AN ORDINANCE OF THE CITY OF DENTON AMENDING THE CHARGES FOR
USE OF THE LANDFILL; AUTHORIZING THE SUPERINTENDENT OF THE
SOLID WASTE DEPARTMENT TO DENY THE USE OF THE LANDFILL TO
CUSTOMERS PROVIDING FALSE INFORMATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance amending
~h~ ~h~ o~ ~ectri¢ rates by adopting an amended schedule TGS
(General Service Time of Use Rate). (The Public Utilities Board
recommended approval.)
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City of Denton City Council Minutes
February 7, 1995
Page 18
Jim Harder, Director of Electric Utilities, stated that the
proposed ordinance was a revision in the time of use rate schedule.
It applied to electric general service customers who were on time
of use structures. The on-peak demand charge would be raised and
the off-peak would be lowered to correspond to the true demand
costs.
The following ordinance was considered:
NO. 95-028
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SCHEDULE OF ELECTRIC RATES BY ADOPTING AN AMENDED SCHEDULE TGS
(GENERAL SERVICE TIME OF USE RATE); AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry indicated that he had received two speaker cards
requesting to address Item 7.B. which already had passed. He
indicated that there would be another pubic hearing regarding the
issue but that the individuals were welcome to speak.
Donald Cunningham stated that his home was west of Pecan Mobile
Home Park and was opposed to the proposed landfill. He felt that
the proposed height of the landfill was excessive for the site.
Wilma Haggard stated that she lived in the area and was concerned
about the height of the embankment and asked that it be set back
further from the road.
G. The Council considered adoption of an ordinance
authorizing the Mayor to execute an Amendment Number 4 to the
agreement between the City of Denton and Freese and Nichols, Inc.
for engineering services relating to airport improvements. (The
Airport Advisory Board recommended approval.)
Rick Svehla, Deputy City Manager, stated that during the final plan
design for the extension of the runway, the FAA wanted air space
issues looked at and how to refurbish the localizer. During that
time period, the City unofficially received notice that it would
receive a grant. These items were not included in original contract
but were discussed earlier and were included in the final phases.
The grant funding included the estimated charges to match for the
costs.
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City of Denton City Council Minutes
February 7, 1995
Page 19
Council Member Cott left meeting the meeting at 8:45 p.m.
The following ordinance was considered:
NO. 95-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN AMENDMENT NUMBER 4 TO THE AGREEMENT
BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR
ENGINEERING SERVICES RELATING TO AIRPORT IMPROVEMENTS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance.
Council Member Perry stated that much time had been spent on this
issue and felt that this was a good investment.
Council Member Cott returned to the meeting at 8:47 p.m.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
H. The Council considered adoption of an ordinance providing
for adoption of the Affordable Housing Program; and authorizing the
City Manager to utilize 901 Windsor and 907 Windsor to provide a
portion of the match required by the Federal Grant Program.
Barbara Ross, Community Development Administrator, stated that the
ordinance would allow the City to use 901 and 907 Windsor in its
Affordable Housing Program. It was planned to construct two three
bedroom single family units which would be consistent with other
units in the area. The houses would be priced at or near market
value to families meeting income requirements.
The following ordinance was considered:
NO. 95-030
AN ORDINANCE PROVIDING FOR ADOPTION OF THE AFFORDABLE HOUSING
PROGRAM; AUTHORIZING THE CITY MANAGER TO UTILIZE 901 AND 907
WINDSOR TO PROVIDE A PORTION OF THE MATCH REQUIRED BY THE
FEDERAL GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
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city of Denton City Council Minutes
February 7, 1995
Page 20
8. Resolutions
A. The Council considered approval of a resolution approving
the assignment by Bruce Brown of the "Tract B" lease of airport
property to Ralph Slater, said property consisting of 20,865.24
square feet. (The Airport Advisory Board recommended approval.)
Rick Svehla, Deputy City Manager, stated that the Council had
previously approved an ordinance which divided the Brown lease into
several pieces for this purpose of assigning those pieces to other
individuals. The proposed resolution assigned one of those pieces
to Ralph Slater.
The following resolution was considered:
NO. R95-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE ASSIGNMENT BY BRUCE BROWN OF THE "TRACT B" LEASE
OF AIRPORT PROPERTY TO RALPH SLATER, SAID PROPERTY CONSISTING
OF 20,865.24 SQUARE FEET; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock 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.
B. The Council considered approval of a resolution approving
the application of the Housing Finance Corporations Act to property
within the city; authorizing and approving other matters relating
to bonds to be issued by the Denton County Housing Finance
Corporation, and repealing prior resolutions or orders in conflict
herewith.
city Manager Harrell stated that the Denton County Housing Finance
Corporation had received an allocation from the State of Texas
authorizing that Authority to issue bonds for first time home
buyers within Denton County. The sale would close on February 23rd
and would be available after that. In order to make the loans
within the city limits of Denton, the Council was required to
authorize such expenditures and pass the proposed resolution. This
was not a new program and had been done throughout the years with
the last issuance in 1991.
The following resolution wa~ considered:
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City of Denton City Council Minutes
February 7, 1995
Page 21
NO. R95-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE APPLICATION OF THE HOUSING FINANCE CORPORATIONS
ACT TO PROPERTY WITHIN THE CITY; AUTHORIZING AND APPROVING
OTHER MATTERS RELATING TO BONDS TO BE ISSUED BY THE DENTON
COUNTY HOUSING FINANCE CORPORATION; AND REPEALING PRIOR
RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH.
Chew motioned, Perry seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution
authorizing the Mayor to execute an amended lease agreement for the
golf driving range between the City of Denton and Walter Nusbaum.
(The Parks and Recreation Board recommended approval.)
Janet Simpson, Superintendent of Leisure Services, stated that last
year the City entered into a three year lease agreement with
Nusbaum to operate the golf driving range at North Lakes Park. The
terms of that lease were that Mr. Nusbaum would make annual
payments to the City of $5,000 the first year, $5,500 the second
year and $6,000 the final year. In the first year of operation,
Mr. Nusbaum had done an excellent job and had invested considerable
amounts of money to make improvements to the facility. With the
opening of the driving range on Loop 288, the golf driving range in
Lewisville and another small range in Sanger, the market demand was
lower than what was expected. In October Mr. Nusbaum asked the
staff to reconsider the lease agreement and lower the annual
payment for next two years to $5,000 each. This would be a
reduction of $1500 over the three year term.
Council Member Cott asked if Mr. Nusbaum had tried to work with his
costs.
Simpson replied yes that he had looked at a different pricing for
a bucket of balls and had made ehang~ in tha% ar~a and in
marketing improvements.
The following resolution was considered:
NO. R95-016
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A GOLF DRIVING
RANGE LEASE BETWEEN THE CITY OF DENTONAND WALTER NUSBAUM; AND
PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
February 7, 1995
Page 22
Brock motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
D. The Council considered approval of a resolution
authorizing the Mayor to execute an agreement between the City of
Denton and the Upper Trinity Regional Water District for the repair
and maintenance of Upper Trinity Regional Water District
facilities. (The Public Utilities Board recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that this
summer the Upper Trinity Regional Water District had completed a
pipe line which ran along Lillian Miller from I35 to Old Alton
Road. The purpose of the pipeline was so that the city could sell
wholesale water to UTRWD. This was a routine agreement whereby the
city would maintain the pipeline for the District and the District
would reimburse the city's actual cost. At this time, the District
did not have any personnel or equipment to maintain the line.
The following resolution was considered:
NO. R95-017
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND
THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE REPAIR AND
MAINTENANCE OF UPPER TRINITY REGIONAL WATER DISTRICT
FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
9. The Council considered a nomination to the Keep Denton
Beautiful Board.
There was no nomination at this time.
10. The Council considered nominations and/or appointments to the
Juvenile Crime Interagency Coalition.
Harlan Jefferson, Director of Fiscal Operations, stated that during
January, two major steps were taken toward the implementation of
the Juvenile Crime Interagency Coalition recommendation. First was
the approval of a resolution establishing the coalition and the
second was the agreement of thirteen individuals to serve on the
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City of Denton City Council Minutes
February 7, 1995
Page 23
coalition. The Council needed to select three members to the
Coalition - two at-large representatives and one representative
from a local civic group.
Council Member Miller asked about a representative from the Morning
Kiwanis Club and the fact that she had not responded.
Jefferson replied that he had been trying to reach that individual
and had left several messages with no response.
Council Member Cott suggested initiating staggered terms.
Jefferson replied that for the first endeavor, staff was asking the
members to serve one year to determine how the Coalition worked
before asking members to serve for several years.
Council Member Miller nominated Margaret Smith to the local civic
group category. On roll vote, Brock "aye", Cott "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Chew motioned, Perry seconded to appoint the group at indicated in
the agenda back-up materials. On roll vote, Brock "aye", Cott
"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
Chew motioned to appoint Margaret Smith as Chair of the Coalition.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
11. Vision Update
Mayor Pro Tem Brock indicated that time had been spent on
terminology which would define the four major areas of goals. The
next meeting would look at subheadings for the areas. She invited
members of the community to work in action teams which would be
concerned with how to achieve the goals of the impact groups.
Council Member Cott felt that if the business subjects were looked
at first, it might produce money to be used for the arts, etc.
Mayor Pro Tem Brock stated that that was the general strategy.
12. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
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City of Denton city Council Minutes
February 7, 1995
Page 24
A. A draft agenda of the Special Board meeting in Greenville
on Feb. 13 had been presented to Council. The Mayor, City Manager,
Utility Director, and Chair of the Public'utilities Board would be
the official delegation. Others were welcome to attend if they so
desired.
13. There was no official action taken on Closed Meeting Items.
14. New Business
There were no items of New Business suggested by Council Members
for future agendas.
15. The Council convened into a Closed Meeting to discuss the
following:
A. .Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Consulted with attorney in the case of City of
Denton v. Juren and Alexander.
2. Considered settlement demand in the claim of Kim
Smith.
3. Considered settlement demand in the claim of David
Rose.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C.. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
With no further business, the meeting was adjourned.
BOB CASTLEBERRY, MAYO~
CITY OF DENTON, TEXAS/
/
J~N/~IPER/WAL~ERS -
~TY SECRETARY
CITY OF~ DENTON, TEXAS
ACC0024C