Minutes March 21, 1995424
CITY OF DENTON CITY COUNCIL MINUTES
March 21, 1995
The Council convened into a Closed Meeting on Tuesday, March 21,
1995 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
The Council considered the following in a Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Discussed responses to RFP for law firms desiring
to represent City relating to failure of GTE to
produce records and remit franchise fees as
required by the City Charter and discuss GTE's
response to issues raised in meeting of March 6,
1995 with GTE'S attorney.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
Considered performance evaluation and pay
adjustment for the Senior Assistant City Attorney.
The Council convened into the Work Session on Tuesday, March 21,
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 received a report, held a discussion and gave
staff direction regarding an amendment to the current ordinance
regulating the keeping of swine in the city limits.
Nonie Kull, Director of Environmental Health Services, stated that
Council had a request from a citizen to review the current
ordinance and consider a possible amendment to allow pot bellied
pigs within the city limits. The current ordinance treated these
animals as swine which had to be housed 1000 feet from any building
being used for habitation. The American Humane Association had no
opinion whether to keep pot bellied pigs as a pet. Problems
associated with the pigs included rooting, squealing, etc. Several
communities in the area allowed these animals as house pets. Some
cities had restrictions such as number in a house or size of the
pigs.
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March 21, 1995
Page 2
Council Member Smith asked if the cities surveyed allowed the pigs
only indoors and not out in yards.
Kull replied that some cities allowed the pigs out only as need
dictated. Basically the animals were housed in the residence.
Some veterinarians suggested that the animals must be allowed
outside for a minimum of one hour a day in order to be maintained
in a healthy fashion.
Council Member Miller asked if any of the surveyed cities indicated
that they would like to reconsider allowing these animals in their
city limits.
Kull replied that there seemed to be a split feeling regarding such
a decision. In some cities the animals were not being maintained
correctly and the associated nuisances from the animals were a
problem.
Council Member Perry asked if there was any information indicating
that once the pigs were allowed were other individuals asking for
different kinds of animals to be allowed in the city limits.
Kull replied that a number of communities indicated that that might
be a major problem as it might open the door for other types of
animals.
Council Member Cott felt that the issue was one of preservation of
neighborhoods in Denton. That could not be done with livestock in
the neighborhoods.
Mayor Pro Tem Brock asked if the original complaint was about the
nuisances associated with the pig.
Kull replied that the original complaint was that a pig was at the
house.
Cott motioned, Chew seconded to not proceed with an ordinance
amendment. On roll vote, Brock "aye", Cott "aye", Miller "nay",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried with a 6-1 vote.
2. The Council considered recommendations from the '91 Committee
to use interest money to fund CIP projects and gave staff
direction.
Rick Svehla, Deputy City Manager, stated that the '91 Committee met
on March 6th to review staff sUggestions of seven projects which
were listed in the agenda backup. The Committee voted to recommend
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March 21, 1995
Page 3
the projects to Council. One member abstained due to the funding
of engineering costs for the feasibility study for Highway 2499.
Staff indicated to the Committee that Highway 2499 had been a
priority of the Council for many years.
Council Member Cott asked if there was only $177,000 left from all
of the City's bonds.
Svehla replied no that some bonds were not yet sold. This was
interest money accrued from the sale of the bonds. Over the last
five years Council had received recommendations from the '91
Committee to allocate interest money for certain projects.
Council Member Cott suggested that the Committee consider returning
the money to the taxpayers.
Council Member Miller stated that there was one project which would
cost $10,000 for consultant fees. He suggested sending a letter to
the Highway Department indicating that the City did not feel it was
a prudent use of the money when the project could be done in-house.
Perry motioned, Chew seconded to direct staff to prepare the
necessary paperwork to implement the '91 Committee recommendations.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. The Council received
proposed amendments to the
Morrison Milling Company.
a report and held a discussion on
lease agreement between the City and
Bruce Hennington, Facilities Manager, stated that Morrison Milling
was currently leasing space at the Denton Municipal Complex.
Morrison was in the process of planning its medium and long range
goals and was requesting that the City formally commit to the
second term of the lease two years early. There was a provision in
the existing lease in which the square footage could be reduced or
the lease terminated if desired. Much of the money from the
Morrison rental was used to pay back the renovation costs of the
Denton Municipal Complex. The second term of the lease would start
on April 30, 1997. The current contract provided for a one year
notice to reduce or terminate the contract. The new contract would
provide for a two year notice. If the City reduced the lease space
under the old contract, Morrison had the right to terminate the
lease which would be effective one year from the date of the City's
notice. In the new lease this would be increased to two years from
the date of the City's notice.
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March 21, 1995
Page 4
City Manager Harrell stated that in all of the City's long range
space plans, there was no indication of a need for this space under
the term of discussion. Originally staff had projected revenue
from the rental for 10 years.
Council Member Cott requested a profitability by space for the
building.
Mayor Pro Tem Brock asked who did the renovations for Morrison.
Hennington replied that the City paid for $100,000 of renovations
and would recoup that back in the rent over a ten year period.
That work was done on the docks and any inside work was done by
Morrison.
4. The Council received a report, held a discussion and gave
staff direction regarding a request by Denton County for
participation in the paving of Shady Shores Road.
Rick Svehla, Deputy City Manager, stated that the County had
requested $25,000 for the paving of Shady Shores Road which staff
felt was a reasonable amount. Commissioners Courts had considered
this proposal at a recent meeting and had discussed how to fund the
improvements. The Commissioners passed a resolution using current
FM 2499 funds which were available now and would be restored after
the next bond sale. The City's recommendation was that Highway
2499 was a priority of the City and did not want to jeopardize the
project. The Commissioners who voted in favor of the resolution
assured staff that the Highway 2499 project would not be affected
in any manner. If Council wanted to approve the request from the
County, it might also consider including a statement that the
Highway 2499 project would not be impaired in any manner.
Mayor Castleberry stated that the funds for the project would come
from the street fund.
Brock motioned, Perry seconded to proceed with the staff
recommendation. On roll vote, Brock "aye", Cott "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
The Council convened into the Regular Meeting on Tuesday, March 21,
1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and smith.
ABSENT: None
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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 February
28, 1995 meeting.
Perry motioned, Smith seconded to approve the minutes as presented.
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 the following proclamations:
Believe It Or Not I Can Week
Sexual Assault Awareness Week
3. The Council considered adoption of an ordinance annexing a
tract of 199.5 acres located east of Mayhill Road and north of
Edwards Road; and approving a temporary agricultural zoning
district classification for the annexed property. (The Planning
and Zoning Commission recommended approval 510.)
Harry Persuad, Senior Planner, stated that this item dealt only
with the annexation of the property and did not involve the
landfill zoning consideration. The Denton Development Code
provided that property annexed into the City received temporary
agricultural zoning. There was an item later on the agenda which
would change that zoning. Six affirmative votes were needed to
pass the ordinance.
The following ordinance was considered:
NO. 95-051
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF
199.5 ACRES LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS
ROAD; APPROVING A TEMPORARY AGRICULTURAL ZONING DISTRICT
CLASSIFICATION FOR THE ANNEXED PROPERTY; AND DECLARING AN
EFFECTIVE DATE.
Miller 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.
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City of Denton City Council Minutes
March 21, 1995
Page 6
4. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance providing for a change from temporary Agricultural
Zoning District (A) to Light Industrial (LI) zoning district
classification and use designation for a 199.5 acre tract located
north of Edwards Road and east of Mayhill Road and approving a
Specific Use permit to operate a landfill in the district. (S-204)
(The Planning and Zoning Commission recommended approval 5-0.)
Harry Persuad, Senior Planner, stated that the Denton Development
Plan had a specific policy which related to the development of land
and requirements around landfills and wastewater treatment plants.
That policy stated that additional residential development would
not be zoned within 2500' of the wastewater treatment plant. The
residential development would be generally restricted between 2500'
and 4000' from the plant. The area within 2000' of the wastewater
treatment plant would be used for industrial purposes, preferably
industries which could used the effluent from the plant as cooling
water or other processes requiring low quality water. That policy
had been in the Plan for 10 years indicating the type of land uses
allowed in the vicinity of the wastewater treatment plant. The
Planning and Zoning Commission determined that the Light Industrial
zoning would be consistent with the Denton Development Plan. In
addition to Light Industrial zoning, the City was petitioning for
a specific use permit to operate a landfill on the site. Persuad
reviewed the proposed density of the bufferyards around the site.
The specific use permit required certain bufferyard requirements.
When the landfill operations were within 300' of Edwards Road, the
applicable bufferyard would be installed. At least 50% of all
required vegetation would be evergreen, the bufferyard along
Mayhill Road would be installed progressively as landfill
operations took place along Mayhill frontage. All bufferyards
would be adequately irrigated, trees would not be planted in
drainage areas, plant locations would be approved before
installation, the height of landfill would not exceed 95' above
the elevation of Mayhill Road. The permit requirements would be
requesting 93' for the maximum height. Residents were concerned
that the landfill would be an eyesore especially from the I35
Highway. Persuad presented several slides which showed the DFW
landfill and demonstrated the line of sight view of the proposed
landfill from various locations around the proposed site. The
Planning and Zoning Commission voted 5-0 for approval for the
landfill zoning.
The Mayor opened the public hearing.
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J. W. Giese stated that he was speaking on behalf of the Public
Utilities Board. The Board had had extensive discussions regarding
the proposal and had endorsed the proposal. It was felt that it
would be an asset for the City.
Wade Willis stated that he was opposed to the proposal. This
proposal would be one of the highest points in Denton County and
would be an eyesore. Positive growth was occurring in this area
and it was ridiculous to approve this proposal. He asked the
Council to represent the people of Denton. If people knew how this
would look, the entire Chambers would be full. The right thing to
do was to take a look at the height of the site, consider moving
the site, and moving the setbacks further back. He presented
Council with a map of all the individuals he had contacted who were
opposed to the proposal. They represented approximately 500 acres
of the landowners in the area. They felt this proposal would
reduce the property value of the area by 50%. A landfill in the
area would make that area a slum and he asked Council to vote
against the proposal.
Wilma Haggard asked the Council to move the easements back further
from Mayhill Road and lower the height of the landfill. She did
not feel the representation for the line of sight was correct.
Marilyn Haggard expressed a concern that the line of sight was a
representation from the parking lot of the Golden Triangle Mall.
That was a low area and the line of sight would be different when
looking across from the highway or the subdivision across I35.
That needed to be a consideration. She was opposed to the landfill
in the area due to the growth of the area. Mayhill Road was a very
busy road and was poorly maintained. She felt that the road
condition would worsen if a landfill was in that area.
Joe Doye stated that his uncle lived across from the proposed
landfill site. He had major concerns about the expansion of the
landfill. He was not concerned about the change in zoning to Light
Industrial but stated that it was not acceptable to change to a
specific use permit for a landfill site. The neighbors in the area
should be considered in the proposal. He requested that if Council
continued the two cases together, that the proposal be tabled at
this point in time and evaluated further. He suggested moving the
site further north rather than south.
The Mayor closed the public hearing.
Council Member Miller asked how the landfill would develop over a
period of time and what was that period of time.
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March 21, 1995
Page 8
Persuad stated that the operation would start on northwest corner
and proceed south. It would take about 8-10 years to get to that
point. It would then proceed towards other parts of the site. It
was estimated that the proposed landfill would have a 30-35 life
time.
Council Member Miller asked about the height of the landfill in the
early years.
Howard Martin, Director of Environmental Operations, stated that
the elevation along the first phase would be approximately 650 feet
above mean sea level. Mayhill Road was approximately 600-605 feet
above mean sea level.
Council Member Miller stated that the 90' height would not appear
over a year or two but that it would take many years. This
proposal was adjacent to the existing landfill.
Martin stated that the current height of the landfill was 614' mean
sea level and the increase in height would be over a ten year
period. The ultimate plans would include the existing site.
Council Member Miller asked if the bufferyards could be planted
right away instead of on an as needed basis as proposed.
Martin stated that the details of the cost of the bufferyards were
being worked on but that it would be possible to plant those trees
right away particularly along Mayhill Road.
Council Member Miller asked if there would be a great loss of space
if the bufferyards were moved back.
Martin replied that to change the buffer zone from 150' to 500'
along Mayhill Road would result in a loss of 2.8 million cubic
yards of volume which translated to 8 years of landfill life. If
the buffer zone were moved on Edwards Road back from 150' to 500',
1.7 million cubic yards or 6 years of landfill life would be lost.
To move the buffer zone back a total of 500 ' would result in a 14-
15 year loss of life for the landfill. If the site elevation were
limited to 650' mean sea level, there would be a loss of 3.6
million cubic yards or 13 years of landfill life.
Council Member Cott asked how far the proposal was from Lake
Lewisville.
Martin replied that it was approximately 1.5 miles upstream from
Lake Lewisville.
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Page 9
Council Member Cott asked if there would be a bird problem with the
site.
Martin stated that the birds were at the existing site and that
they would be a consideration at this site.
Mayor Pro Tem Brock stated that the City had the responsibility of
dealing with the solid waste of the City and had to be responsible
for long range planning. There were two years life left in the
current landfill. A citizen committee recommended that the City
gain additional landfill space. The environmental issues were very
restrictive and citizens had a great deal of opportunity to provide
input during the process. Other locations would cause problems for
other citizens. This was an area where a landfill already existed.
She agreed with the idea of proceeding first with the bufferyards.
The following ordinance was considered:
NO. 95-052
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM TEMPORARY AGRICULTURAL ZONING DISTRICT (A) TO
LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A 199.5 ACRE TRACT LOCATED NORTH OF EDWARDS
ROAD AND EAST OF MAYHILL ROAD; APPROVING A SPECIFIC USE PERMIT
TO OPERATE A LANDFILL IN THE DISTRICT; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Chew seconded to adopt the ordinance. 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.
B. The Council held a public hearing and considered adoption
of an ordinance amending Section 34-125 of the Code of Ordinances
to prohibit the platting of lots with lot-incompatible zoning
districts. (The Planning and Zoning Commission recommended
aDproval 7-0.)
Harry Persuad, Senior Planner, reviewed the terms of definitions
for incompatible zoning. The ordinance consisted of three
components which prohibited the platting of a single lot when
residential and nonresidential zoning districts were combined on
the same tract; combining single family with multifamily zoning;
and residential zoning combined with any planned development.
The Mayor opened the public hearing.
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City of Denton City Council Minutes
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Page 10
Austin Smith stated that he was in favor of the proposal. He
stated that the proposal was approved by the Denia Homeowners
group.
John Weber stated that the Denia Area Community Group was in favor
of the proposed ordinance.
No one spoke in opposition.
The Mayo closed the public hearing.
The following ordinance was considered:
NO. 95-053
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-
125 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
ADD A NEW SUBSECTION F, PROHIBITING PLATTING OF LOTS WITH LOT-
INCOMPATIBLE ZONING DISTRICT AND DEFINING THAT TERM AS USED
THEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS
THEREOF; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. The Council considered two variances to the Subdivision and
Land Development Regulations, regarding sidewalk and perimeter
paving, for Hickory Creek Estates. The 138.8 acre tract was
located north of Jim Christal Road, immediately west of Egan Road.
(The Planning and zoning Commission recommended conditional
approval on a 6-1 vote. The Commission's recommendation was
conditioned on $7,560.00 per lot for road improvements be provided
by the developer for five of the seven lots in the subdivision.)
Frank Robbins, Executive Director for Planning and Development,
stated that a conveyance plat and final plat for the property had
been reviewed by the Planning and Zoning Commission. The
Subdivision regulations required that a substantial length of Jim
Christal and Egan Road be paved two lanes, 24' of payment to City
specifications plus sidewalks. The cost of that project would be
$310,000. The development proposed the creation of 7 lots. The
ordinance ~tated that Council could vary the standards, perimeter
street paving and sidewalks, if the requirements were in excess of
the need created by the development. It was estimated that there
would be only 70 vehicles trips in that large area of land. The
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City of Denton City Council Minutes
March 21, 1995
Page 11
Planning and Zoning Commission felt that the amount was excessive
for the number of trips. This would be a conditioned variance that
$7,560 be paid for lots 3-7 on Jim Christal Road. When the
property was finally platted, the two lots on the western end would
not be included in the requirement.
Perry motioned, Chew seconded to approve the variances. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
6. Consent Agenda
Perry motioned, Chew seconded to approve the Consent Agenda as
presented. 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:
2.
3.
4.
5.
6.
Bid #1718 - Refuse Containers
Bid #1728 - Electric Meters CT'S and Meter Sockets
Bid #1733 - Service Bodies and Crane
Bid #1739 - 12 Cubic Yard Refuse Body
Bid #1707 - South Lakes Park Construction
Bid #1737 - Renovation Fred Moore Child Care Center
B. Tax Refunds
3.
4.
5.
G. E. Capital Mortgage Services, Inc. / Betty
McKean - $975.13
First American Title Co./Shelley A. Alexander -
$806.08
First American Title Co./Robert A. Walker - $780.77
Jeff Wawro - $591.85
Fleet Mortgage Group/Gary M. Jenkins - $680.93.
7. Consent Agenda Ordinances
The Council considered Consent Agenda Ordinances 7.A. - 7.B.
Smith motioned, Chew seconded to adopt the Consent Agenda
Ordinances 7.A. - 7.B. 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
March 21, 1995
Page 12
A. 95-054
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. (5.A.1. - Bid #1718,
5.A.2. - Bid #1728, 5.A.3. - Bid #1733, 5.A.4. - Bid #1739)
B. 95-055
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS. (5.A.5.
- Bid #1707, 5.A.6. - Bid #1737)
8. ordinances
A. The Council considered adoption of an ordinance amending
the 1994-95 budget of the City of Denton by appropriating the sums
of $20,833 from the unobligated fund balance of the motor pool fund
to account number .
Jon Fortune, chief Finance officer, stated that this ordinance
would amend the motor pool fund budget by allocating $20,833 from
the unappropriated fund balance of the motor pool fund to purchase
a 15 passenger van for the Parks Department. An existing van had
been destroyed by fire in January which was an unforeseen expense
from when the budget was adopted.
Council Member Miller stated that a second van was used to
transport young people and the elderly by the Parks Department.
That van had as many miles as did the van which was destroyed by
fire. He asked about making that van a high priority item for
replacement.
city Manager Harrell stated that last year was the first time in
several years that Council could set aside dollars for funding one
time expenditures out of the operating funds. That was not
possible in past years and many vehicles accumulated a high amount
of miles. This year the Parks Department was able to budget for a
replacement van which had been ordered. This proposed van would
replace the one which had been destroyed thus allowing the Parks
Department to have two new vans.
The following ordinance was considered:
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City of Denton City Council Minutes
March 21, 1995
Page 13
NO. 95-056
AN ORDINANCE AMENDING THE 1994-95 BUDGET OF THE CITY OF
DENTON, TEXAS BY APPROPRIATING THE SUMS OF $20,833 FROM THE
UMOBLIGATED FUND BALANCE OF THE MOTOR POOL FUND TO ACCOUNT
NUMBER TO PROVIDE FOR THE PURCHASE OF A
PASSENGER VAN FOR THE PARKS AND RECREATION DEPARTMENT;
PROVIDING FOR PUBLICATION; AND DECLARING 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.
B. The Council considered adoption of an ordinance amending
Ordinance No. 95-001 relating to the award of Bid Number 1693 for
the purchase of fleet vehicles to provide for the purchase of one
additional 15 passenger van bid item #8A. (Bid #1693)
The following ordinance was considered:
NO. 95-057
AN ORDINANCE AMENDING ORDINANCE NO. 95-001 RELATING TO THE
AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO
PROVIDE FOR THE PURCHASE OF ONE ADDITIONAL 15 PASSENGER VAN
BID #8A; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Chew seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement between the
City of Denton and the law firm of Freilich, Morgan, Leitner &
Carlisle retaining such firm to propose revisions to the City of
Denton Zoning Ordinance based on the r~eomm~ndations of the Zoning
Ordinance Task Force.
City Manager Harrell stated that the funds for this ordinance had
been approved in the budget last year as a one time expenditure.
This ordinance would provide legal expertise to assist with the
drafting of a revised zoning ordinance.
The following ordinance was considered:
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City of Denton City Council Minutes
March 21, 1995
Page 14
NO. 95-058
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE ANAGREEMENT BETWEEN THE CITY OF DENTON AND
THE LAW FIRM OF FREILICH, MORGAN, LEITNER AND CARLISLE
RETAINING SUCH FIRM TO PROPOSE REVISIONS TO THE CITY OF DENTON
ZONING ORDINANCE BASED ON THE RECOMMENDATIONS OF THE ZONING
ORDINANCE TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the City of Corinth for the impoundment and disposition
of dogs and cats and the collection of fees pursuant to the
provisions of said agreement.
Nonie Kull, Environmental Services Manager, stated that this was
the fifth year for this agreement in which the City would shelter
animals from Corinth.
The following ordinance was considered:
NO. 95-059
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE
IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID
AGREEMENT; AND PROVIDING FORAN EFFECTIVE DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance limiting
the parking of vehicles on certain portions of East Hickory S~reet
to one hour parking.
Rick Svehla, Deputy City Manager, stated that Council considered an
ordinance in November which established a number of no parking
spaces at the Denton Municipal Complex. This ordinance would limit
the parking to one hour at those locations.
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March 21, 1995
Page 15
The following ordinance was considered:
NO. 95-060
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LIMITING THE
PARKING OF VEHICLES ON CERTAIN PORTIONS OF EAST HICKORY STREET
TO ONE HOUR PARKING; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND
DECLARING AN EFFECTIVE DATE.
Brock 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. This item was pulled before the meeting.
G. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the North Texas State Fair Association for the payment
and use of hotel tax revenue.
Council Member Miller requested that the Council allow individuals
to speak on the next ordinances all at once rather than separately.
Consensus of the Council was to allow individuals to speak at once
rather than at each item.
Chuck Carpenter, Denton Chamber of Commerce, read a statement from
George Highfill. Mr. Highfill's statement indicated that monies
from this project were essential for the development of the
organizations. He felt that the allocation should remain as it
was. The Denton Convention and Visitor Bureau only had such
allocations and received no other monies. To reduce the allocation
to the Denton Convention and Visitor Bureau would hamper the
efforts of the organization.
JoAnn Ballentine, stated that the Chamber of Commerce had been in
partnership with the City of Denton to oDerate the Convention and
Visitors Bureau since 1976. The percentage of the occupancy tax
distributed to the Chamber had increased as well as the overall
occupancy tax revenues. She felt that the Bureau had demonstrated
financial responsibility to promote Denton and had been successful
in its efforts to increase occupancy and contribute to the economy
for the hospitality industry. The Bureau wanted to continue to do
these programs but needed to be in the position to take advantage
of the opportunities which affected Denton's hotels and related
businesses. The Bureau relied totally on the hotel allocation. She
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City of Denton City Council Minutes
March 21, 1995
Page 16
questioned the use of occupancy funds for the renovation of the
civic Center. A cap on their allocation would prevent growth and
would not provide an incentive for agencies to do their best. She
suggested that Council extend the current contracts for 6 months to
provide an opportunity for further discussion.
Janet Harreld stated she could not understand the reasons for the
reduction in the allocation and the proposed cap for the contracts.
The Greater Denton Arts Council was currently working on many
cooperative projects and with the change in the contracts, her time
would be shifted from planning to fund raising. The Greater Denton
Arts Council would have to spend more time on fund raising rather
than on programs. The proposed cap did not provide for growth or
any incentive to strive for quality or return on investment. She
asked for an extension of the existing contracts to provide an
opportunity for discussion.
.Jon Fortune, Chief Finance Officer, stated that the current
contracts with the hotel recipients would expire on March 31st. In
anticipation of that expiration date, Council appointed a
subcommittee to analyze the current contracts and possible uses of
the monies. The subcommittee conducted a survey of other cities on
the use and allocation of the tax. An internal audit was performed
to determine how the agencies were complying with the current
contracts. The subcommittee heard presentations from the current
recipients and three other agencies. Contract changes included:
(1) the term of the contract had been reduced from 4 1/2 years to
2 1/2 years which would give the City more flexibility in
obligating the use of the hotel tax funds; (2) monthly payments
were eliminated and quarterly payments would be used; (3) the
payment structure was changed to a fixed amount or a percentage of
tax revenue, whichever was less; (4) quarterly reports would be
required prior to the release of any payments and would be in more
detail than currently prepared; (5) the budgets presented to
Council would segregate proposed expenditures of hotel tax funds
from other funds for accountability; (6) failure to submit a
financial report which complied with the contract would be cause
for termination of the contract; (7) limitations on the use of the
hotel tax funds by each recipient had been adjusted to include all
State allowed expenditure categories as deemed necessary based on
the recipient's budget; (8) an insurance requirement had been added
plus a non-obligation clause and a clause limiting future
commitments by the City of hotel tax funding.
Council Member Cott ~tat~d that one
acknowledged was Denton's hotel/motels.
people to their business as possible.
part which had not been
They want to get as many
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City of Denton City Council Minutes
March 21, 1995
Page 17
Mayor Castleberry stated that the State statute had to be followed
for use of the funds. That had not always been the case which was
one of the reasons for the change to require that funds be kept in
a separate bank account. Those dollars would be designated to the
promotion of tourism.
Mayor Pro Tem Brock stated that as a member of the subcommittee,
she had a concern for improvements to the civic Center. Some of
the groups which appeared before the subcommittee mentioned the
need for more meeting rooms. A minimal improvement to the Center
would be approximately $1.5 million for ADA compliance and current
codes. More meeting places would help bring in more tourists. The
proposed changes to the contracts were needed except for possibly
the amounts. She had a problem with the process in that the
changes in the allocations had been informally approved changes
before any type of public hearing. She suggested reconsidering
those portions of the contracts as the recipients did not have any
knowledge of the amount of change in the allocations and had no
opportunity for dialog with the organizations. The proposed cap
would be minimal in relation to what was needed at the Civic
Center. She suggested that Council extend the current contracts
for six months and have more open dialog over the amounts.
Council Member Miller felt there was a need to do something with
the civic Center. Many of the entities were surprised when the cap
was put on the contracts.
Miller motioned, Brock seconded to extend the contract to the Fair
Association to September 30, 1995 and to incorporate all suggested
changes by the subcommittee except for the funding change. The
funding for the next six months would be caped so that the cap
would be no more than what the organizations received for the first
six months of the fiscal year. If there was an increase in the
hotel tax revenue, the additional amount would go to the Civic
Center fund. This would allow for discussions with the Fair
Association for funding.
Council Member Smith felt that the term ':cap" was a negative term
for the procedure and it was not intended for it to be that way.
She was in favor of extending the contracts as suggested by Council
Member Miller and having discussions with the groups. This would
be compromise situation.
Council Member Cott asked what would be accomplished in six months
which could not be accomplished at this meeting.
Mike Bucek, Acting City Attorney, stated that there was a legal
issue associated with the cap. When Council adopted the budget
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City of Denton City Council Minutes
March 21, 1995
Page 18
each year, it indicated an amount which would be allocated for the
hotel tax recipients. If the hotel tax funds exceeded what was
projected in a good year, the Council had to amend the budget to
allow for the last payment. To amend the budget an emergency must
exist which was an unforeseen and difficult hardship. The cap was
proposed so that the end result would not result in having to
declare an emergency and amend the budget.
Council Member Chew suggested that if the Council was considering
waiting on one contract, all should be extended. The Council had
appointed a subcommittee to do this work and now it was suggested
that the Council wait to act on what was done. He was under the
impression that the subcommittee was in favor of what was proposed
and now it appeared that they were not in favor of the proposal.
Mayor Castleberry stated that statements had been made at the
meeting regarding funding and incentives. He was uncomfortable
that money had to be the incentive for an organization to do its
job. The cap might result in some creativity in the use of the
funds. He felt it was not necessary to extend the contracts as the
subcommittee had spent a great deal of time on the item. All of
the organizations could live within the amounts. The civic Center
was in need of repair. The hotel tax funds were not the only money
some of the organizations received from Denton. The Center for the
Visual Arts received $36,971 from the general fund. $66,000 was
spent for a roof, ceiling fans cost $4,600 for a total of $116,352
for the Center. The City donated money for utilities for the
Campus Theater. He felt it was necessary to point out that the
hotel tax funds were not the only funds some organizations received
from the City. He felt there was no reason to extend the
contracts. The contracts had all been signed and agreed to by the
organizations.
Council Member Perry stated that it was important to point out that
the hotel tax money was never intended to be the entire operating
expense of any group. There were some cities which used more of
the allocation for civic use. The amount to be set aside for the
civic Center was a small amount of the money which was being used
to promote tourism in the City. Each of the groups had a fair
opportunity to present their cases and he saw no reason to continue
the discussions.
Council Member Miller stated at the last discussion it was felt
that public input was needed and that would be received at this
meeting. The grouDs were concerned that not only was a cap set but
that the allocations were also reduced from normal circumstances.
The numbers were not discussed with the groups during the
presentations. The organizations had signed the contracts but were
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City of Denton City Council Minutes
March 21, 1995
Page 19
forced to with an all or nothing situation. He felt that the
allocation part of the process needed further discussion.
The Council took a short recess.
Council Member Cott was not present after the break.
Mayor Pro Tem Brock felt that in six months, the Council and the
organizations would have more dialog regarding the allocations.
Council Member Cott returned to the meeting.
Mayor Castleberry indicated that two of the recipients had large
reserves. The Convention Bureau had a reserve of $200,000 and it
was the opinion of the subcommittee that this was too large of an
amount of reserve and that the money should be used in the manner
specified. The Denton Historical Foundation had a reserve that was
also felt to be too large. The last year which was used in the
averaging was the largest year Denton had in a number of years. It
was felt that the reserves were not being used in the manner they
were intended to be. He felt that the Council needed to go ahead
with the contracts.
Council Member Perry requested a review of the motion.
Miller stated that he had motioned to extend the contract to the
Fair Association until September 30, 1995 with the recommended
changes from the subcommittee except for the funding changes.
There would be a funding cap for the six month period at a level
equal to the first six months actual receipts by the Fair
Association. Discussions would be held with the Association with
the new contract to be effective October 1, 1995. If there was a
drop in the hotel tax receipts, the Association would receive the
lesser of the amount of receipts or the actual receipts for the
first six months.
Council Member Chew stated that in the next six months, there might
be the possibility that some of the allocations could be cut
further if desired.
Council Member Miller replied correct that there would be no
restraints on the contracts.
Council Member Perry asked if the cap Council Member Miller was
suggesting was any different than the proposed cap. If in the next
six months, would the amount be different than what was proposed.
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city of Denton city Council Minutes
March 21, 1995
Page 20
Kathy DuBose, Executive Director for Finance, reminded Council of
the comment made by the Acting City Attorney regarding the budget.
If the cap included the first six months which would not end until
the end of this month, the money would not be received until April.
If that was doubled for the year, there might be a problem if it
went over the budget. Her understanding was that the motion would
take the first six months receipts and let the cap be doubled for
that first six months receipts.
Council Member Miller stated that it would be the at the same level
of the first six months receipts.
DuBose stated that if that were to go over budget, Council might
need to take that into consideration.
City Manager Harrell felt that Council had two options. One was to
establish the amount which was allocated in this year's budget.
That would be the amount that each agency would get or the
percentage whichever was lesser and was the amount which the
agencies were counting on. The second option was to adopt the
motion and amend the budget at end of year if necessary. The Legal
Department had expressed a concern regarding that procedure as it
would not be a dire emergency.
Council Member Miller stated that he was trying to keep the
agencies from having drastic cuts. He stated that he could amend
his motion to set the cap for the unexpired portion of the budget.
Council Member Perry requested that Council Member Miller withdraw
his original motion and proceed with a new motion.
Miller withdraw his original motion and Brock withdrew her second.
Miller motioned to extend the contract with the Fair Association
until September 30, 1995 with the recommended changes from the
subcommittee with a funding cap at the level of the second six
months of budget receipts and hold discussions with the Association
on the contract to be effective on October 1, 1995. The amount
would be the lesser of the percentage of receipts with the cap of
the second six months budget amount.
City Manager Harrell stated that staff would interpret the motion
to mean that it was known how much was allocated to each
organization during the first six months. What ever remained of
~h~ budget allooation would b~ forthcoming during ~@cond six months
unless receipts were less and then amount would be less.
Brock seconded the motion.
444
City of Denton City Council Minutes
March 21, 1995
Page 21
The following ordinance was considered:
NO. 95-061
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR
ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion
carried with a 5-2 vote.
H. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Denton Chamber of Commerce for the payment and use
of hotel tax revenue.
The following ordinance was considered:
NO. 95-062
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Brock seconded to extend the contract with the
Denton Chamber of Commerce until September 30, 1995 with the
recommended changes from the subcommittee with a funding cap at the
level of second six months of budget receipts and hold discussions
with the Chamber on the contract to be effective on October 1,
1995. The amount would be the lesser of the percentage of receipts
with the cap of the second six months budget amount. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-
2 vote.
I. The Council considered adoDtion of an ordinance
authorizing the Mayor to execute an agreement between the city of
Denton and the Denton County Historical Museum for the payment and
use of hotel tax revenue.
The following ordinance was considered:
445
City of Denton City Council Minutes
March 21, 1995
Page 22
NO. 95-063
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL
MUSEUM FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
Miller motioned, Brock seconded to extend the contract with the
Denton County Historical Museum until September 30, 1995 with the
recommended changes from the subcommittee with a funding cap at the
level of second six months of budget receipts and hold discussions
with the Museum on the contract to be effective on October 1, 1995.
The amount would be the lesser of the percentage of receipts with
the cap of the second six months budget amount. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-
2 vote.
J. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Denton County Historical Foundation for the payment
and use of hotel tax revenue.
The following ordinance was considered:
NO. 95-064
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL
FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
Miller motioned, Brock seconded to extend the contract with the
Denton County Historical Foundation until September 30, 1995 with
the recommended changes from the subcommittee with a funding cap at
the level of second six months of budget receipts and hold
discussions with the Foundation on the contract to be effective on
October 1, 1995. The amount would be the lesser of the percentage
of receipts with the cap of the second six months budget amount.
On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion
carried with a 5-2 vote.
K. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement between the City of
Denton and the Greater Denton Arts Council for the payment and use
of hotel tax revenue.
446
City of Denton City Council Minutes
March 21, 1995
Page 23
The following ordinance was considered:
NO. 95-065
AN ORDINANCE AUTHORIZING THE MAYOR TO. EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTONAND THE GREATER DENTON ARTS COUNCIL
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Brock seconded to extend the contract with the
Greater Denton Arts Council until September 30, 1995 with the
recommended changes from the subcommittee with a funding cap at the
level of second six months of budget receipts and hold discussions
with the Council on the contract to be effective on October 1,
1995. The amount would be the lesser of the percentage of receipts
with the cap of the second six months budget amount. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-
2 vote.
9. Resolutions
A. The Council considered approval of a resolution
supporting a fair and cost effective vehicle emissions testing
program and federal air quality requirements.
Julie Zeller, Administrative Services Coordinator, stated that the
resolution was sponsored by the North Central Texas Council of
Governments. It was being considered by other cities in the
Metroplex area. There was some disagreement on what route to
follow with respect to vehicle emissions testing. This resolution
would let the legislature know that Denton was interested in a fair
and cost effective program.
The following resolution was considered:
NO. R95-23
A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTINC A FAIR
AND COST EFFECTIVE VEHICLE EMISSIONS TESTING PROGRAM AND
FEDERAL AIR QUALITY REQUIREMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye"f Ch~w
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
447
City of Denton City Council Minutes
March 21, 1995
Page 24
B. The Council considered approval of a resolution
supporting the City's submittal of a landfill permit application to
the Texas Natural Resource Conservation Commission for the proposed
expansion of the City's municipal landfill located on Mayhill Road.
Howard Martin, Director of Environmental Operations, stated that
the City staff had been working on the implementation of Subtitle
D regulations for the existing landfill site and on the permitting
and design activities for the expanded site. The design and
permitting activities were complete and staff was ready to submit
the proposal.
The following resolution was considered:
NO. R95-024
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE
CITY'S SUBMITTAL OF A LANDFILL PERMIT APPLICATION TO THE TEXAS
NATURAL RESOURCE CONSERVATION COMMISSION FOR THE PROPOSED
EXPANSION OF THE CITY'S MUNICIPAL LANDFILL LOCATED ON MAYHILL
ROAD; AND PROVIDING 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.
10. The Council considered nominations/appointments to the
Juvenile Crime Interagency Coalition.
Mayor Castleberry indicated that Council still had an at-large
nomination to make.
Council Member Smith nominated Jane Irons for the at-large
position. On roll vote, Brock "aye", Cott "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
Harlan Jefferson, Director of Fiscal Operations, stated that three
other organizations had recently submitted names. LULAC, the
Chamber of Commerce and Ryan High School had made nominations and
Council would need to vote on those nominations.
Perry motioned, Smith seconded to approve the nominations from
LULAC, the Chamber of Commerce and Ryan High School. On roll vote,
Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
448
City of Denton City Council Minutes
March 21, 1995
Page 25
11. The Council consider nominations/appointments to the Keep
Denton Beautiful Board, the Traffic Safety Commission and the Cable
T. V. Advisory Board.
Mayor Castleberry indicated that Council Member Chew had nominated
Mabel Devereaux to the Keep Denton Beautiful Board. 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 Council Member Miller had
nominated Brenda Minnis to the Traffic Safety Commission. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Miller indicated that he did not have a nomination
for the Cable TV Advisory Board at this time.
12. Vision Update
Mayor Pro Tem Brock presented an update on the "live" group. The
group had developed two major topics of neighborhoods and
entranceways and had established chairs and co-chairs for the two
subdivisions. The individual groups would be meeting during the
next week. The time line was very clear on what to do for each
group.
13. Miscellaneous matters from the City Manager.
City Manager Harrell presented the following items:
A. There would be a formal ground breaking for the first
phase of South Lakes Park on Tuesday, April llth at 4 p.m.
B. On April 10th the Library would be switching over to the
new automation system.
C. An acknowledgement to Howard Martin and his staff for the
large amount of work done by these individuals to complete the
landfill application.
D. Denton had again the "Best Tasting Water in Texas"
competition for the second year in a row.
E. On March 28th staff had planned to bring to Council a
work session item for final direction on fiber optics. The Mayor
had received communication from the Chamber requesting that the
449
City of Denton City Council Minutes
March 21, 1995
Page 26
Council not consider that item on the 28th as that was the dinner
event scheduled in conjunction with Denton County Day. He asked
for direction when Council would like to consider the item.
Consensus of the Council was to wait until after the conclusion of
the Closed Meeting to determine on which agenda to place the item.
14. The following action was taken on Closed Meeting Items:
Council Member Cott left the meeting.
A. Perry motioned, Chew seconded to grant a 5% increase to
the Senior Assistant city Attorney. On roll vote, Brock "aye",
Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Council Member Cott returned to meeting.
15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Miller suggesting including a statement on
the parking signs on the Square which indicated the amount of the
fine. Mayor Castleberry indicated that that would be placed on a
work session for discussion.
B. Council Member Smith stated that April 22nd was Glad Bag-
A-Thon day and that the Council's Adopt-A-Spot needed to be
cleaned.
16. The Council returned to the Closed Meeting to discuss the
following:
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
JE~I~'ER~ALTERS, CITY SECRETARY
CITY OF ~ENTON, TEXAS
With no further business, the meeting was adjourned.
CAST ,EBE Y,
CITY OF DENTON, TEXAS
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