Minutes February 20, 1996212
CITY OF DENTON CITY COUNCIL MINUTES
February 20, 1996
The Council convened into a Closed Meeting on Tuesday, February 20,
1996 at 5:45 p.m. in the civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council convened into a Closed Meeting to discuss the
following:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
1. Considered performance evaluation and pay
adjustment for the Acting City Manager
The Council convened into a Regular Meeting on Tuesday, February
20, 1996 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented the following proclamations:
Tough Love Programs Against Violence Month
Kappa Delta Child Abuse Child Abuse Day
2. The Council considered approval of the minutes of October 10,
1995 and October 17, 1995.
Biles motioned, Brock seconded to approve minutes as presented. On
roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. citizen Reports
A. The Council received a citizen report from Willie
Hud~p~h ~garding the meeting times of the City's Boards and
Commissions.
City of Denton City Council Minutes
February 20, 1996
Page 2
213
Mr. Hudspeth stated that he wanted to again speak on the number of
agenda items which a citizen could place on an agenda. He did not
make some of the meetings he was to attend but did notify people
that he would not attend the meetings. He likened this issue to a
football game. Without rules and regulations, a team could not
function as the rules would change during the game. Sections 6C
and 6.5 of the Council's Rules of Procedure were the ones he as a
citizen had to work with. He was attempting to play the game but
the Council was changing the rules in the middle of the game. The
charge that the Agenda Committee was charged with had nothing to do
with changing the rules nor interpreting the rules. The City
Attorney did not say that the rules indicated that the Committee
could determine and add to the rules. The rule stated that a
citizen could submit an agenda item and had five minutes to discuss
that item. No where did it indicate that he could only put one
item on the agenda. He felt that the Agenda Committee made that
ruling and this Committee did not have the authority to make that
ruling. A simple procedure would be to change the rules to make it
clearer for the citizens.
Council Member Brock stated that Section 6.5 indicated that
speakers before the Council were requested to limit their remarks
to five minutes or less except non-public hearing items which were
three minutes. The regulations did not try to restrict the number
of items a citizen could discuss. It only indicated that a citizen
would have five minutes to discuss what he wanted to discuss. The
Council was in the process of rewriting several sections to make
this very clear and to change the regulations so that when a
citizen made a request to be on an agenda, he would not be required
to list a topic. A citizen could then chose what he wanted to
present but would still be limited to five minutes.
Hudspeth stated that that was what would be needed. Section 6C
referred to an agenda item and not the number of items. If it
meant only one agenda item, the language needed to be changed to
make it clearer.
Mayor Pro Tem Biles stated that Section 6.3 was entitled
"Presentations by Members of Council", Section 6.4 was entitled
"Presentation by Citizens". Section 6.4 appeared to address
citizens who wanted to place an item on the agenda for
consideration by Council at a public hearing. He felt that needed
to be distinguished from allowing time for citizen reports. There
should be a separation between citizen reports and public hearings.
The Agenda Committee did not interpret the rule but rather it was
a custom which had been done over a number of years. No particular
members of Council wanted to restrict his presentations.
B. The Council received a citizen report from Joe Dodd
regarding public inpu% to Council meetingm.
Mr. Dodd stated that the Council's rules had changed over the years
for the betterment of the citizens of Denton. He felt the
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City of Denton City Council Minutes
February 20, 1996
Page 3
implementation of some of the rules might have caused some
confusion but he knew that citizens could schedule a citizen report
which was limited to five minutes, citizens now had the ability to
address any item listed on the agenda. One citizen report per
person could be listed on the agenda for five minutes on any number
of topics and could speak for three minutes on any agenda item.
There was no lack of ability to address the Council at this point
in time.
Willie Hudspeth stated that, unless Mr. Dodd was present at all
times, some people needed to have the rules written out for
everyone to understand. City government allowed citizens to have
a voice and he appreciated it when the Council worked to clarify
the issues which citizens brought to their attention which were
unclear. This Council had allowed him to speak and the Council was
interested in what he had to say.
C. The Council received a citizen report from Dessie Goodson
regarding a general discussion of the city.
Ms. Goodson stated that Animal Control could not follow
instructions in removing a dead animal unless an official was
calling. She felt it was ironic that SPAN advertised going to
medical facilities in Dallas and Fort Worth but neglected to
indicate that the fare was $40 round trip. The reason for the high
fare was that SPAN was not allowed to travel outside Denton County.
She had to cancel a doctor's appointment due to this fare. SPAN
was using a new 40 passenger bus and another SPAN vehicle to travel
to Cook and wise County to transport workers to Boeing in Corinth
for only $2.60 and $2.20 round trip. SPAN owed an explanation to
the paratransit riders why Denton's fare was $3 higher within the
City limits than those fares in Cook County. SPAN rules indicated
that new routes needed to be publicized before started. Nothing
was publicized on the survey which was done. Information on SPAN
was not publicized as stated. She felt she was discriminated
against in issues concerning her. She indicated that she was going
to file suit in Federal Court to get these issues concerning SPAN
done correctly.
4. The Council considered approval of a Resolution of
Appreciation supporting the Denton County Sesquicentennial and
Denton County Courthouse Centennial.
The following resolution was considered:
RESOLUTION IN APPRECIATION OF THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS, SUPPORTING THE DENTON COUNTY SESQUICENTENNIAL
AND DENTON COUNTY COURTHOUSE CENTENNIAL.
Krueger motioned, Young seconded to approve the resolution. On
roll vote, Miller "aye" Young "aye" Cott "aye" Krueger "aye"
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
city of Denton City Council Minutes
February 20, 1996
Page 4
215
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 10.994 acres to a Multi-Family-One (MF-1)
zoning district from the General Retail (GR) district. The site,
known as Mack Park Apartments, was located on the east side of
Audra Lane, approximately 500 ft. north of McKinney St. (The
Planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Director of Planning and Development, stated that
this proposal was a rezoning from general retail to MF-1 for the
existing use which was built there. This was the site of an
existing apartment complex. Before 1988, when the cumulative uses
were modified, apartments were allowed to be built in the general
retail district. However, today that was not the case and since
1988 apartments had been non-conforming uses in non-residential
districts. ~.
Mayor Pro Tem Biles left the meeting.
Robbins continued that there was one notice returned in opposition.
That individual attended the Planning and Zoning Commission meeting
and was concerned that it was his property which was being rezoned.
This proposal was a down zoning and was consistent with the Denton
Development Plan.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
Council Member Cott left the meeting.
The Mayor closed the public hearing.
The following ordinance was considered:
No. 96-034
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY ONE
(MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
10.994 ACRES OF LAND LOCATED ON THE EAST SIDE OF AUDRA LANE,
APPROXIMATELY 500 FEET NORTH OF MCKINNEY STREET; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
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city of Denton City Council Minutes
February 20, 1996
Page 5
B. The Council held a public hearing and considered adoption
of an ordinance rezoning 1.12 acres from the Agricultural (A)
zoning district and use classification to the office Conditioned
(O(c)) zoning district and use classification, and rezoning 0.38
acres from the Agricultural (A) zoning district and use
classification to the single Family 10 (SF-10) zoning district and
use classification. The subject property was located on the west
side of Bonnie Brae, approximately 2,200 feet south of 1-35E. (The
Planning and Zoning Commission recommended approval 6-0.)
Mayor Pro Tem Biles and Council Member Cott returned to the
meeting.
Frank Robbins, Director for Planning and Development, stated that
the area to rezone was south of the existing Liberty christian
School and was for the expansion of that school. The existing
house in the proposed SF-10 district would remain and could not be
used for the private school in that zoning. There would be a change
of zoning from "A" to "SF-10" where the current house was located.
With the Planning and zoning Commission hearing, there was 24%
opposition but with the conditions imposed by the Commission, the
opposition was reduced to below 20%. One issue concerning the
neighbors was that there be no additional access allowed to the
school from Bonnie Brae. Another condition was that there would be
no maintenance facility in the area. Liberty christian had no
intention to build such a facility but was added as a condition.
The Mayor opened the public hearing.
Greg Edwards stated that the school was a valuable asset to the
community. It was trying to improve the services which it provided
at the school. It was proposed to build a gymnasium on the site
which would improve the facilities for sports and physical
education at the school. The proposal would not provide any more
classrooms or students at the site. The School had cleaned up the
area and would continue to do so as the plans were implemented.
The remainder of the area would be a park setting. The SF-10
zoning was requested so that the owner of the home on the site
could do minor expansions of the home, if desired. The School had
an option to purchase the property but did not have any intentions
to do so at this point in time. The School needed the area to
expand its current use.
Dwight Gailey stated that the owner of the property indicated to
the School that he wanted to sell the property. Liberty Christian
needed property to build a gymnasium on but did not need the single
family home. Mr. Frank purchased the home separately. There was
a present driveway which was used by the owner of the home. There
was never any intentions for a service barn. The intention was to
keep the vehicles off the street where presently they were parked
within 30 yards of the street. The purpose of the proposal was to
get the vehicles off the street, build a gymnasium and perhaps a
small playground.
City of Denton City Council Minutes
February 20, 1996
Page 6
Tracy Norwood stated that he would be looking at a gymnasium out
his back door and question~d~w-ha~t~'~bf fence would be built.
217
Robbins stated that a six foot fence made of wood~ masonry or a
living screen would be required. The fence would be required along
the entire property line between the properties.
Norwood stated that he currently had an eight foot chain link fence
and the required fence would be less than what he currently had.
He indicated a desire to have an eight foot fence. The height of
the proposed gymnasium could be quite an eyesore in the future.
Council Member Krueger left the meeting.
Larry Frank stated when Mr. Reeves decided to sell the property and
the School was not interested in the residence, he offered to buy
the property. At the Planning and Zoning Commission meeting, there
was a discussion as to requiring him to ci6se his circle driveway.
He purchased the property which had a double drive carport, a
circle drive and a drive down the south side of the property. He
had two storage buildings on southwest corner of the property and
did not want a restriction on a circle driveway which had been in
existence for twenty years. He was in favor of the proposal but
not to the closing of his driveway. The School had an option on
the property which would require different zoning in the future.
Council Member Krueger returned to the meeting.
The Mayor closed the public hearing.
Council Member Krueger stated that Robbins had mentioned that the
construction of the fence could be wood, mason or a living screen.
Robbins stated that the living screen would be plants which were
six feet tall and which could not be seen through.
Council Member Krueger stated that if th~cu~rent fence was eight
feet which could be seen through, the only choice would be to have
a living screen. A living buffer would eventually obstruct the
view of the building.
Gailey stated that the School had not agreed to an eight foot
fence. The present fence was an eight foot cyclone fence which was
in disarray and could be completely seen through. For approximately
the last 10 years, Mr. Norwood had been looking at a mess in the
neighbor's yard and at the back of the present gymnasium. A six
foot high fence would be a better situation than what was currently
there.
Council Member Krueger felt that a living screen would be better
than a constructed fence.
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February 20, 1996
Page 7
Gailey stated that it might take several years to grow a six foot
high fence.
Council Member Cott asked why anything had to be built.
Robbins stated that it was a regulation of the landscape ordinance.
This could be an option to deal with during the building permit
phase. If Council wanted to add a requirement that it be a
vegetative screen, it would have to be added as a condition to the
ordinance.
Council Member Krueger felt that it was cheaper to plant a
vegetative screen which was also more stable in the long run.
Mayor Pro Tem Biles felt that there was a need to discuss the
situation with the developer and the property owner as to whether
to plant a living screen in the area to help screen the property.
A living screen was an alternative but should not be imposed by the
Council. A wooden fence would be better for security etc. in the
area.
Gailey stated that he was willing to negotiate the issue.
Norwood stated that the fence now was in the wrong location
according to the survey. He did not want a living screen instead
of a wooden fence.
The following ordinance was considered:
NO. 96-035
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND
THE SINGLE FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATION
AND USE DESIGNATION FOR 1.50 ACRES OF LAND LOCATED ON THE WEST
SIDE OF BONNIE BRAE, APPROXIMATELY 2,000 FEET SOUTH OF 1-35E;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Miller motioned, Young seconded to adopt the ordinance as
recommended by the Planning and Zoning Commission. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
6. Consent Agenda
Mayor Castleberry indicated that Bid ~1863 had been pulled
consideration.
from
City of Denton City Council Minutes
February 20, 1996
Page 8
Brock motioned, Young sec~ ~ ~app~6~e the Consent Agenda as
presented. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid # 1805 - Cement Lime & Aggregate (Re-award of
Bulk Cement)
2. Bid # 1852 - Tractor 90 HP 4WD
3. Bid # 1853 - Used Telescopic Boom Excavator
4. Bid # 1854 - Pneumatic Tired Roller
5. Bid # 1860 - Truck Beds & Bodies
6. Bid # 1861 - Skid Steer Loader
7. Bid # 1862 - Rubber Track Excavator
9. Bid # 1866 - Water Treatment Chemicals
10. Bid # 1867 - Teasley Landscape Nursery Stock
11. Check Requisition - Upper'Trinity Regional Water
District
12. P. O. #60177 - Ash Properties
13. P. O. #63088 - AIS Continental - Repair of Rubber
Tire Loader
B. Tax Refunds
Gelco Corporation, $753.52
First American Title Company for Robert Middle,
$617.94
T & B Prop. Ltd. P/S, $926.51
Tonsi P. Miller-Manns, $645.68
7. Consent Agenda ordinances
Council considered the Consent Agenda ordinances 7.A - 7.D.
Brock motioned, Young seconded to adopt the ordinances. On roll
vote, Miller "aye", Young "aye", Cott ,,a~e"~, Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberr~ "aye". Motion carried
unanimously.
A. NO. 96-036
AN ORDINANCE AMENDING ORDINANCE NO. 95-215 RELATING TO THE
AWARD OF BID NUMBER 1805 FOR THE PURCHASE OF CEMENT, LIME AND
AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid #1805)
B. NO. 96-037
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (6.A.2. - Bid #1852, 6.A.3. -
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City of Denton city Council Minutes
February 20, 1996
Page 9
Bid #1853, 6.A.4. - Bid #1854, 6.A.5. - Bid #1860, 6.A.6. -
Bid #1861, 6.A.7. - Bid #1862, 6.A.9 - Bid #1866, 6.A.10 - Bid
~1867, 6.A.11. - Upper Trinity Regional Water District.
C. NO. 96-038
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (6.A.12. - P. O. #60177)
D. NO. 96-039
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.13. - P. O.
#63088)
8. Ordinances
A. The Council considered approval of an ordinance approving
amendment Number 3 to the agreement between the city of Denton and
HDR Engineering, Inc. for professional engineering services.
Howard Martin, Director of Environmental Services, stated that
staff was requesting approval for Amendment No. 3 to the HDR
contract for landfill services. The engineering services involved
six additional tasks which were outside the original scope of
services totalling $23,200 and one year of additional project
management in Phase Three for a total of $12,000. Task Number Two
was a redesign of the landfill configuration due to the removal of
the wetland areas originally identified. Task Number Three was
modeling of the detention pond which impacted the flood plain on
the south side of the site, Task Number Four was the preparation of
information and mapping for annexation, and Task Number Five was
within the scope and no additional funding was required. Task
Number six was a revision of the footprint to accommodate the
landscaping plan internally required for $5,000 and a revision of
the FEMA flood plain map for $8,000. The Public Utilities Board
recommended approval of the amendments.
council Member Cott asked if this was for the original landfill
site.
Martin replied that this was associated with the expansion of the
new site.
council Member Cott asked if it included any of the first landfill
site.
City of Denton city Council Minutes
February 20, 1996
Page 10
Martin replied that it included the 200 acres purchased for the new
landfill site.
221
Council Member Cott stated that the contract was to close the two
landfills.
Martin replied that the current contract was for the permitting,
engineering and design of the new landfill site. It did not have
anything to do with the closure of the landfill.
The following ordinance was considered:
NO. 96-040
AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO THE AGREEMENT
BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR
PROFESSIONAL ENGINEERING SERVICES; !~AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller motioned, Brock seconded to adopt the ordinance.
Mayor Pro Tem Biles stated that in the discussion of the back-up
materials for Amendment ~5, staff felt this should have been taken
care of before.
Martin replied correct and
supported their position.
decided not to charge the
workshop.
that the Public Utilities Board
After a discussion with HDR, they
City with the activities for the
Mayor Pro Tem Biles stated that the items were already done and
staff was now asking for approval for amendments.
Martin replied correct.
Mayor Pro Tem Biles asked what would happen if the Council did not
approve the amendments. ~
Martin replied that the City owed HDR $23,!200 which they would not
receive for work which the city asked HDR to perform which was
outside the original scope of the contract.
Mayor Pro Tem Biles asked why HDR was being asked to do work
outside the scope of contract and then the amendment was being
presented to Council as an afterthought.
Martin replied that they were trying to move quickly through the
process. As a result, if each item was brought before Council, it
would be very time consuming. If Council wanted such a procedure,
they certainly would do so. They had b~n trying to accumulate a
small amount, progress through the issues and activities and then
make these amendments.
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February 20, 1996
Page 11
Mayor Pro Tem Biles stated that at times, it was more effective and
efficient to go ahead and get the work done. But he was concerned
that the changes were being proposed for work which was outside the
scope of the contract and felt that staff was being burdened to
deal with this as an after the fact occurrence, then the Public
Utilities Board as an after-the-fact occurrence and then Council.
Amendments #4 and #6 appeared to be items which the Planning
Department imposed on the consulting contract by requiring that
maps be prepared.
Martin replied that those were internal processes which required
additional engineering services to accommodate the landscaping plan
and to accommodate the zoning.
Mayor Pro Tem Biles felt that if these were maps which were needing
to be prepared in order to have the names and addresses of property
owners, why was the Planning Department not doing that work. Was
this a map which was required for the permitting process with
TNRCC.
Martin replied that it was used in both cases. First the Planning
and Zoning Commission was asked to contact property owners within
200 feet. TNRCC rules required a half mile range. HDR helped put
together that property list which included that half mile as well
as the 200 feet. The Public Utilities Board outlined the procedure
for staff to follow for situations when an issue required
additional services. Staff was to notify the Board, present to
them the procedure and get preliminary approval from the Board
before moving ahead. By doing that the Board was kept informed of
what was going on and staff knew that the Board was in agreement on
what was being done.
Council Member Miller stated that these took place over a long
period of time. This was common for long term large contracts.
Amendments needed to be done in a timely and an orderly manner to
get the project done.
Council Member Krueger asked what were the limits on change orders
before coming to Council.
Acting City Manager Svehla replied it was $15,000 per amendment.
Council Member Krueger felt that the money had been spent for the
changes without the knowledge of the Council. The amendment might
have been needed but Council was not aware of those changes befor~
being done.
On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "nay",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
carried with a 4-3 vote.
City of Denton City Council Minutes
February 20, 1996
Page 12
B. The Council considered approval of an ordinance
authorizing the Mayor to approve the Water Main Participation
Agreement between the city of Denton and Lodge Construction Company
Inc.
Bob Nelson, Executive Director for Utilities, stated that this was
a request for participation in oversizing of a water line for the
Estates of Forrestridge Section II. There was 2,175 feet of water
line which the Development required. The City was requesting a 12"
water line in the area to serve the future development.
Council Member Cott left the meeting.
Nelson stated that the difference in cost was $8 per foot which
amounted to $17,400.
The following ordinance was considered:
NO. 96-041
AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN
COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND
LODGE CONSTRUCTION COMPANY, INC.; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Krueger motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the Mayor to execute an interlocal agreement between
the city of Denton and the Upper Trinity Regional Water District
for the use of former Missouri Pacific Railroad right-of-way for
operation and maintenance of a wastewater line.
Bob Tickner, Superintendent of Parks, stated that the Upper Trinity
Regional Water District had asked for an interlocal agreement which
would allow them to place a wastewater treatment line on the lower
1/10 of a mile of the proposed rails-to-trails project in the city
of corinth.
Council Member Cott returned to the meeting.
Tickner continued that currently there was a lift station in the
area and the UTRWD wanted to extend the line past Swisher Road.
Both entities were serving the City of Corinth. Staff felt that
the proposal would not interfere with the project as the line would
be underground.
223
The following ordinance was considered:
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city of Denton City Council Minutes
February 20, 1996
Page 13
NO. 96-042
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT
FOR THE USE OF FORMER MISSOURI PACIFIC RAILROAD RIGHT-OF-WAY
FOR OPERATION AND MAINTENANCE OF A WASTEWATER LINE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance amending
Ordinance 95-180 changing the SR and SRW rates for residential
wastewater service to establish a new weighted average methodology
for determining residential wastewater rates, and to establish a
separate procedure for determining residential wastewater rates,
applicable only to the months of December 95, January 96 and
February 96. (The Public Utilities Board recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that this
ordinance was presented to Council at a prior work session. The
change would provide credit to those customers who used more than
the average of the year before.
The following ordinance was considered:
NO. 96-043
AN ORDINANCE AMENDING ORDINANCE 95-180 BY CHANGING THE SRAND
SRW RATES FOR RESIDENTIAL WASTEWATER SERVICE TO ESTABLISH A
NEW WEIGHTED AVERAGE METHODOLOGY FOR DETERMINING RESIDENTIAL
WASTEWATER RATES, AND TO ESTABLISH A SEPARATE PROCEDURE FOR
DETERMINING RESIDENTIAL WASTEWATER RATES, APPLICABLE ONLY TO
THE MONTHS OF DECEMBER 95, JANUARY 96 AND FEBRUARY 96;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Young motioned, Biles seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance naming
certain property within the City of Denton, Owsley Neighborhood
Park.
~ ~o~ney, Director for Parks and Recreation, stated that in 1994
a small piece of property was acquired to serve as parkland in %he
Owsley Addition. The land was acquired with Community Development
Block Grant funds. Once the park was acquired, CDBG dollars were
City of Denton city Council Minutes
February 20, 1996
Page 14
again used to develop the park which was Completed in August 1995.
The City policy required that in order to name a park, the Parks
and Recreation Advisory Board had to present a recommendation to
the Council. The Board recommended the name of Owsley Neighborhood
Park. ~
The following ordinance was considered:
NO. 96-044
AN ORDINANCE NAMING CERTAIN PROPERTY WITHIN THE CITY OF
DENTON, OWSLEY NEIGHBORHOOD PARK; AND DECLARING AN EFFECTIVE
DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye" and Mayor Castleberry~ "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance amending
ordinance No. 94-183 relating to the Rules of Procedure of the City
Council of the City of Denton, Texas, by providing that every
member of the City Council would have at least one opportunity to
speak on each item before the City Council.
The following ordinance was considered:
NO. 96-045
AN ORDINANCE AMENDING ORDINANCE NO. 94-183 RELATING TO THE
RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON,
TEXAS, BY PROVIDING THAT EVERY MEMBER OF THE CITY COUNCIL WILL
HAVE AT LEAST ONE OPPORTUNITY TO SPEAK ONEACH ITEM BEFORE THE
CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE.
Krueger motioned, Brock seconded to adoptthe ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
9. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to request reimbursement pursuant to
the Public Transportation Contract with the Texas Department of
Transportation.
Joseph Portugal, Assistant to the city Manager, stated that
approval of this resolution would authorize the City Manager to
reques% reimbursemen% from %he Texas Depar~men% of Transportation
for planning and operational expenditures during the previous grant
year.
225
226
City of Denton City Council Minutes
February 20, 1996
Page 15
The following resolution was considered:
NO. R96-008
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST
REIMBURSEMENT PURSUANT TO THE PUBLIC TRANSPORTATION CONTRACT
WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. The Council considered appointments to the Diversity Task
Force.
Mayor Castleberry indicated that there was a Request to Speak card
from Willie Hudspeth.
Willie Hudspeth commented on the appointments. He urged the
Council to appoint individuals who would be willing to work with
others with different opinions. The Task Force needed people who
could see the other side.
Council Member Krueger appointed Willie Hudspeth.
Council Member Young appointed Kenneth Davis and Robert Green.
Mayor Pro Tem Biles appointed Tony Desoto and Lindsay Keffer.
Council Member Cott appointed Ray Cornay and Byron Woods.
Council Member Brock appointed Kent Miller and John Price.
Council Member Miller appointed Rosemary Rodriguez and Dennis
Stephens.
Mayor Castleberry appointed Alice Alexander and Derrell Bulls.
Acting city Manager Svehla appointed Tonya Williams, Lee Ann
Bunselmeyer, Joannie Housewright, and Ed Hodney.
ll. Vision Update
Council Member Brock indicated that there was a cabinet meeting the
next week.
12. Update from Municipal Judge.
There was no update from the Municipal Judge at this meeting.
City of Denton city Council Minutes
February 20, 1996
Page 16
13. Miscellaneous matters from the City Manager.
227
Acting City Manager Svehla presented the following items:
A. There would be a ribbon cutting next Tuesday evening at
4 p.m. for the Owsley Neighborhood Park.i~
B. Sharon Mays had been hired as the new Director of
Electric Utilities.
C. There would be no meeting on March 12th as some Council
Members would be returning late from the NLC Conference in
Washington.
14. The Council took the following official action on Closed
Meeting Items:
Biles motioned, Young seconded that based on the City Council's
evaluation of Rick Svehla's performance as the Deputy City Manager
and as the Acting City Manager, and the City Council having found
that Mr. Svehla met the requirements of his job, fully meeting and
in many instances exceeding those expectancies, that in accordance
with the Council's adopted 1995-96 pay increase budget, Mr.
Svehla's pay be increased by 6% effective April 15, 1996. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Mayor Pro Tem Biles requested that the city Attorney and
Acting City Manager prepare a work session item on a discussion of
contract revisions.
B. Council Member Brock noted the Council's Adopt-A-Spot
condition.
16. The Council did not meet in a continued Closed Meetingl
With no further business, the meeting was adjourned at 8:50 p.m.
ENNI ~ER WALTERS
ITY SECRETARY
CITY OF DENTON, TEXAS
ACC002ED
BOB CASTLEBERRY, MA~B~
CITY OF DENTON,