Minutes February 6, 1996181
CITY OF DENTON CITY COUNCIL MINUTES
February 6, 1996
The Council convened into a Closed Meeting on Tuesday, February 6,
1996 at 5:15 p.m. in the civil Defense Room.
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:
ae
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
considered waiver of conflict for the lawfirm of
Canterbury, Stuber, Pratt, Elder & Gooch to
represent Sunmount in the lawsuit of SunmoUnt v.
FAA.
Considered and discussed defense of and the
settlement of RPS Ventures, Inc., et al v. City of
Denton and Weber and Barnes v. city of Denton
pending in the 362nd District Court under Section
551.071 of the Open Meetings Act.
Considered settlement proposal in Iwuchukwuv. City
and Clark.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Work Session on Tuesday, February 6,
1996 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council received a report, held a discussion, and provided
direction regarding the Economic Development Transition committee
recommendations.
Rick Svehla, Acting City Manager, stated that at the last Council
meeting, staff had been asked to provide additional back-up
information which was included in the agenda materials. There were
members of the Transition Committee present to answer any further
Council questions.
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Page 2
Council Member Miller stated that the Committee was recommending
the creation of a 4A corporation and establish an election date for
August 10th for a voter's decision. The corporation would be
established in the interim and the corporation would be the main
marketing for the proposition.
Harry Hall, Chair-Economic Development Transition Committee,
replied correct.
Council Member Miller stated that currently the economic
development program was a partnership with the Chamber of Commerce.
He asked if the corporation, established with five members
appointed by the Council, would be acting with current funds.
Hall stated that there was probably a transition period and some of
those questions had not yet been answered. It was felt by the
Committee that by appointing the corporation there would be a
smoother transition between the City and Chamber of Commerce. The
contract between the City and the Chamber for funding continued
until September.
Council Member Miller felt it was necessary to be certain that a
new board was not developed which would oversee what was already
being done. He had called the economic development individuals in
Allen, McKinney, Frisco, and Terrell which had 4A corporations.
They all indicated that the corporations were functioning well and
if the thrust of increasing the tax base was for the creation of
jobs, it would be supported. He wanted to be sure that the
recommendation of the Transition Committee was that the city not be
in the business of buying property unless nothing else would work.
The corporation would work with the people who owned and developed
the land for the purpose of creating industrial parks, etc.
Hall replied correct that it was not the intention of the
corporation to be in competition with private enterprise.
Biles motioned, Young seconded to direct the City Attorney and the
City Secretary to prepare an ordinance establishing August 10, 1996
as an election date for the consideration for the adoption of a 4A
economic development sales tax.
Mayor Castleberry stated that he wanted the citizens to know
exactly what was being done as well as the media. He asked for
another explanation of why a 4A corporation was chosen over a 4B
corporation.
Hall stated that a 4A corporation was very specific driven to
economic development in the community whereas 4B was more site
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Page 3
specific such as a sports complex. The Primary thrust for Denton
should be increasing the tax base and to create jobs.
Council Member Brock asked if the Transition Committee had
considered a lesser amount than the ½ cent sales tax. This would
be the maximum for the City on sales tax.
Hall stated that the Committee looked at lesser amounts and at
combinations of 4A and 4B. It was felt that it would take this
amount of money to put Denton in direct competition with other area
cities.
Council Member Krueger stated that if the half cent sales tax
passed and if an economic tax base was successfully developed, the
half cent sales tax could later be repealed.
Hall stated that under the 4A corporation there were provisions for
a repeal but were none under a 4B corporation.
Mayor Pro Tem Biles stated for clarification that his motion was
for a half cent sales tax.
On roll vote to direct the City Attorney and City Secretary to
prepare an ordinance and take steps to establish August 10, 1996 as
an election date for consideration for the adoption of a one-half
cent 4A economic development sales tax, Miller "aye", Young "aye",
Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Young motioned, Cott seconded to form an economic development
corporation composed of five members to be appointed by the City
Council.
Council Member Miller asked if the Transition Committee was
recommending that the 4A corporation be formed at this point in
time.
Hall replied correct.
Council Member Brock asked if the Committee had discussed the
creation of a brand image.
Hall stated that that would be one item addressed as an economic
development corporation. There was a strong feeling on the
Committee that in order to move forward, many of the decisions
which needed to be made on economic development should be made by
the actual corporation as opposed to the Transition Committee.
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Council Member Brock asked if the Committee had a perception of
team effort and who were the involved parties.
Hall stated that the parties involved would be the City, the
Economic Development Corporation and the Chamber of Commerce.
Mayor Pro Tem Biles stated that a number of the members of the
Economic Development Transition Committee had expressed a concern
with the title of the committee. He proposed a friendly amendment
to the motion that the corporation be named the Denton Economic
Development Corporation and that the Committee begin using that
title.
Council Members Young and Cott agreed to the change in their motion
and second.
on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
The Council convened into a Regular Meeting on Tuesday, February 6,
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:
American Heart Month
Kindness Week
The Council considered Agenda Item #3.
3. The Council considered approval of a Resolution of
Appreciation for Gene R. Green.
The following resolution was considered:
NO. RA96-001
RESOLUTION OF APPRECIATION FOR GENE R. GREEN
City of Denton City Council Minutes
February 6, 1996
Page 5
185
Miller motioned, Brock 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.
Mayor Castleberry presented the following yard of the Month Awards:
Total Petroleum
Vince and Becky King
Craig and Jo Lorraine Thomas
Angel Feathers
2. The Council considered approval of the minutes of September
19, 1995, September 26, 1995 and October 3, 1995.
Biles motioned, Brock seconded to approve the 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.
4. Citizen Reports
A. The Council received a citizen report from Willie
Hudspeth regarding meeting times for the City's Boards and
Commissions.
Mr. Hudspeth stated that he started this discussion in December and
originally wanted to ask Council to look at the times that the
boards/commissions met so that more individuals could participate
in the meetings. He also had another issue he wanted to address to
the Council. But he had been told that he did not have that right.
At the last meeting, three Council Members indicated that he should
not feel disenfranchised and that Council was following the rules.
He was embarrassed and made to feel like his information was
incorrect. He since visited with the City Attorney for
clarification on what the City Attorney read during the last
meeting. There were two issues relative to this discussion. The
Agenda Committee selectively decided that he would not be able to
speak in the manner he interpreted. Section 6.4 stated that any
person who wished to place a subject on the Council agenda at
regular City Council meetings, shall advise the City Manager's
Office of that fact no later than 5:00 p.m. Wednesday prior to the
council meeting. Any person who wished to address the city Council
at a public hearing shall complete a Request to Speak form and
return it to the City 9e~retary before the apDroD~iate hearing.
The Mayor would call upon the citizen to speak for no longer than
five minutes. The procedures did not indicate that an Agenda
Committee would rule whether he could or could not speak. His
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February 6, 1996
Page 6
point was that he would follow the rules but would not be kept from
having his say. That was his right as a citizen.
Mayor Castleberry stated that the Agenda Committee did not prevent
him from speaking. Mr. Hudspeth had been on the agenda several
times and was not present to speak. Mr. Hudspeth had never been
prevented to speak by the Agenda Committee.
5. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance providing for a change from the single family
residential (SF-7) zoning district classification and use
designation to the office conditioned, O(c) zoning district
classification and use designation for 0.155 acres of land located
at 1413 East McKinney Street. (The Planning and zoning Commission
recommended approval, 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this was a narrow office conditioned district which only allowed
office/ administrative/ professional uses. Other conditions
associated with the proposal included a size limit, a two-story
height limit and if the current home were used, certain landscaping
conditions came into play. There was no written opposition to the
proposal.
The Mayor opened the public hearing.
Joni Eddy stated that she was the property owner and planned to use
the current residence. She was agreeable to the conditions as
proposed.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-022
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (SF-7) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE
CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.155 ACRES OF LAND LOCATED AT 1413 EAST
MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
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City of Denton city Counci~ ~inutes. ~
February 6, 1996
Page 7
Brock 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.
B. The Council held a public hearing and considered adoption
of an ordinance providing for a change from office (O) and Planned
Development (PD-57) zoning district classifications and use
designations to a new Planned Development (PD) zoning district
classification and use designation for a 1.059 acre tract located
in the northeast corner of the intersection of Carroll Boulevard
and Fort Worth Drive; approving a development plan for the
district. (The Planning and Zoning Commission recommended approval
7-0.)
Frank Robbins, Director of Planning and Development, stated that
several policies of the Denton Development Plan were applicable to
this planned development. One was that there was a site plan
requirement/standard which had been met. The landscaping far
exceeded what was required. There was no opposition to this
application.
The Mayor opened the public hearing.
Tom Galbreath stated that he represented the developers of the
property. This proposal would be an eight bay car wash facility.
Originally the proposal was for a much more intense use with a gas
station and convenience store but it was scaled down to the car
wash facility. He reviewed the site plan for Council
consideration.
Council Member Brock asked if there would be a new curb cut on
Carroll Blvd. Many years ago an office building to the north was
zoned and that development was required to have a shared drive due
to a concern about the number of curb cuts on Carroll. She was
interested in keeping Carroll Blvd. without many curb cuts. Was it
possible to come across Carroll from the southbound lane into the
proposed facility.
Galbreath replied no that there was a raised median at that
location.
council Member Brock stated that individuals would have to enter
from Myrtle Street and would have to go north if they existed on
Carroll.
Galbreath stated that they could enter from Carroll also. He
understood the concern about curb cuts on Carroll but given the
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city of Denton City Council Minutes
February 6, 1996
Page 8
layout of the property, a drive was needed to make the property
work.
Rick Svehla, Acting City Manager, stated that the proposal had been
before the Traffic Safety Commission which allowed two driveways.
Through the work of Mr. Galbreath and staff, it was possible to
reduce the number of driveways to one.
Council Member Young asked if the developer had talked with the
neighbors in the area.
Galbreath stated that the neighbors had been contacted and he felt
that the immediate neighbors were indifferent to the proposal.
Council Member Krueger left the meeting.
Council Member Cott asked about the drainage.
Galbreath stated that there would be storm drain inlets for the
drainage.
Mayor Castleberry indicated that there were signal lights in the
intersection and the curb cut should not be a problem in that area.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-023
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM OFFICE (O) AND PLANNED DEVELOPMENT (PD-57) ZONING
DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO A NEW PLANNED
DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A 1.059 ACRE TRACT LOCATED IN THE NORTHEAST
CORNER OF THE INTERSECTION OF CARROLL BOULEVARD AND FORT WORTH
DRIVE; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption
of an ordinance providing for a change from the Single Family
Residential (SF-10) zoning district classification and use
designation to the office Conditioned (O[c]) zoning district
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February 6, 1996
Page 9
classification and use designation for 0.7656 acres of land located
at 1100 Bonnie Brae Street. (The Planning and Zoning Commission
recommended approval 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this would allow for the adaptive reuse of a building. There would
be no expansion of the building or any expansion of the parking
facilities. The church would be converted into a medical office.
One issue dealt with the potential of the site to increase drainage
problems in the area. This proposal would not cause such a problem
as there would be no additional impervious, surface.
The Mayor opened the public hearing.
George Rawley stated that he lived northeast of the church
property. There was a misstatement that the proposal would not
cause a drainage problem as he already had a drainage problem with
the property. There was no public hearing when the church was
built. The drainage had flowed to his property every since the
church was built. The solution to was to require the drainage vent
on the east side of the property be closed. Vent the drainage on
the north and put a drainage ditch along the back of the property
running towards Bonnie Brae and not towards his home. His second
concern dealt with the list of allowed uses. The Planning and
Zoning Commission deleted a number of uses on the prohibited use
list. If the drainage could be corrected, he would not object to
the proposal.
Council Member Cott stated that the current building was causing
drainage problems.
Rawley stated that he had tried many tim~s to get the situation
corrected.
Council Member Cott stated that staff had indicated that there
would be no allowed uses other than what was on the list. This
would prohibit the owner from selling the property.
Robbins stated that there were other uses allowed other than office
in this district.
Council Member Miller stated that the proposal was for a different
use of the building and the change did not have anything to do with
the drainage. Neither the size of the building nor the parking lot
could be increased.
Robbins replied correct.
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Mayor Pro Tem Biles stated that he had talked with some of the
neighbors about the drainage problem. As indicated, the only thing
which was changed was the zoning for the uses of the property and
was not increasing the size of the parking lot and no increase in
the size of the building. The drainage problem would not be made
worse with this proposal. As the property on Bonnie Brae was
developed, it would be the time to correct the problem.
Rawley asked about the change in the list of prohibited uses.
Robbins stated that the uses were added in addition to the uses
requested by the applicant.
Council Member Young questioned whether there was money in the CIP
reserve fund to help with the problem in the area.
city Attorney Prouty stated that in the Planning and Zoning
Commission, there was a list of prohibited uses which was all
encompassing except for this one use. Then one Commission Member
decided that some of the uses which were prohibited should be added
back in as they were not inconsistent with the surrounding uses.
John Kozura stated that he had met all of the requirements placed
on him. He would answer questions of Council.
Council Member Brock asked if Kozura had requested to remove
certain uses from the list of prohibited uses.
Kozura stated that originally he had wanted to put a medical
facility in the existing building without changing the outside of
the building or the parking lot. One of the members of the
Planning and Zoning Commission brought up the point of other
permitted uses in the event Kozura wanted to sell the building in
the future. At that point, more permitted uses were added.
Council Member Miller asked if Kozura would object to removing
"experimental lab" from the list of permitted uses.
Kozura replied that he would not o~ject to removing it from the
list.
The Mayor closed the public hearing.
The following ordinance was considered:
191.
City of Denton City Council Minutes
February 6, 1996
Page 11
NO. 96-024
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (SF-10) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE
CONDITIONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.7656 ACRES OF LAND LOCATED AT 1100 BONNIE
BRAE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the zoning as presented by
the Planning and Zoning Commission.
Brock motioned, Miller seconded to amend the motion to add
scientific and research laboratories to the list of prohibited
uses.
Mayor Pro Tem Biles expressed a concern regarding the proposed
amendment. A physician by practice, would be engaging in some type
of testing. There seemed to be a concern about the definition of
scientific laboratories.
Council Member Miller stated that a scientific laboratory was not
the same as a physician who had incidental testing in his office.
Robbins replied that was correct.
On roll vote of the amendment, Miller "aye", Young "nay", Cott
"aye", Brock "aye", Biles "nay", and Mayor Castleberry "nay".
Motion failed with a tie vote.
On roll vote of the original motion to approve the zoning request
as recommended by the Planning and Zoning Commission, Miller "aye",
Young "aye", Cott "nay", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried with a 5-1 vote.
D. The Council held a public hearing and considered adoption
of an ordinance amending Section 34-114 of the Code of Ordinances
of the City of Denton, Texas to reduce the level of escrow required
of developers of residential subdivisions for sidewalk
construction. (The Planning and Zoning Commission recommended
approval 4-1.)
Rick Svehla, Acting City Manager, stated that the Planning and
Zoning Commission had recommended approval of this proposal. The
current regulations required an escrow of 110% of the cost of
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City of Denton City Council Minutes
February 6, 1996
Page 12
sidewalk construction. The change would reduce the amount to 15%.
Council Member Cott left the meeting.
Mayor Castleberry opened the public hearing.
Ed Bright stated that the current ordinance was a burden to
independent developers. The cost of installing the sidewalks was
very expensive in addition to the large amount of escrow money
which was required. It was a losing proposition for him to have to
escrow the funds for the sidewalks.
Mayor Pro Tem Biles left the meeting.
Bright continued that he and other developers had called area
cities regarding the construction of sidewalks. Many cities passed
the responsibility for sidewalks on to the home buyer.
Council Member Cott returned to the meeting.
Bright suggested approving the ordinance
Another alternative would be to postpone
sidewalks until the driveway was built.
Mayor Pro Tem Biles returned to the meeting.
under consideration.
construction of the
Brian Burke stated that this was an opportunity for a positive step
for developers. A number of years ago there was no option for
sidewalk escrows. This proposal would be an additional step in the
right direction and he urged Council to approve the ordinance.
Fred Gossett stated that as a builder and developer, he favored
providing sidewalks and was in no way suggesting the elimination of
sidewalks. He was concerned about the present way the developers
had to finance the building of the sidewalks. He encouraged
Council to adopt the ordinance.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-025
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-
114 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
REDUCE THE LEVEL OF ESCROW REQUIRED OF DEVELOPERS OF
RESIDENTIAL SUBDIVISIONS FOR SIDEWALK CONSTRUCTION; PROVIDING
A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
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city of Denton City Council Minutes
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Biles motioned, Young seconded to adopt the ordinance.
Council Member Miller asked if existing escrow accounts would be
released.
City Attorney Prouty stated that usually ordinances did not apply
retroactively.
Biles changed his motion to direct that the ordinance incorporate
provisions so that present escrow accounts would be modified to
arrive at the new level of 15%. Young agreed to the change.
On roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimous ly.
6. Consent Agenda
Council Member Young left the meeting.
Mayor Castleberry asked that Bid #1851 be pulled for separate
consideration.
On roll vote consideration of the Consent Agenda with the exception
of Bid #1851, Miller "aye", Cott "aye", Brock "aye", Biles "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
Miller motioned, Brock seconded to approve Bid #1851. On roll
vote, Miller "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "nay". Motion carried with a 4-1 vote.
Bids and Purchase Orders: !~
1. Bid #1843 - Aerial Device Bucket Trucks & Utility
Power Source Truck
2. Bid #1850 - Books for Public Libraries
3. Bid #1851 - Plumbing Repair at Central Fire Station
4. Bid #1846 - Renovations and Repairs to Fred Moore
Nursery School - Phase II
5. P.O. #62929 - Howard Price Turf Equipment
6. Check Requisition - Texas Natural Resource
Conservation Commission
7. Consent Agenda Ordinances
The Council considered Consent Agenda Ordinances 7A. - 7D. Miller
motioned, Biles seconded to adopt the ordinances. On roll vote,
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City of Denton City Council Minutes
February 6, 1996
Page 14
Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
A. NO. 96-026
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. (7.A.1. - Bid #1843, 7.A.2.
- Bid #1850, 7.A.3. - Bid #1851)
B. NO. 96-027
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. (7.A.4. - Bid #1846, 7.A.5. - Bid #1857)
C. NO. 96-028
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF
MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE
PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORANEFFECTIVE
DATE. (7.A.6. - P.O. #62929)
D. NO. 96-029
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE FOURTH QUARTER PAYMENT BY THE
CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH THE TEXAS
NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN
EFFECTIVE DATE. (7.A.7. - Texas Natural Resource Conservation
Commission)
8. Ordinances
A. The Council considered adoption of an ordinance annexing
a tract comprising 11.34 acres, located east of Mayhill Road and
north of Blagg Road, temporarily classifying the annexed property
as "A" Agricultural District. (First Reading, A-69) (The Planning
and Zoning Commission recommended approval 6-0.)
Harry Persuad, Senior Planner, stated that this annexation process
was started late last year and was following the procedures as
recommended by State law. Adoption of the ordinance would require
six of seven Council votes. If adopted, the ordinance would be
considered again on March 19th for the second and final reading.
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city of Denton city Counci!Minutes
February 6, 1996
Page 15
This proposed annexation was for 11.34 acres on Mayhill Road.
There had been two public hearings on this annexation with no one
speaking in opposition. Staff had developed a service plan for the
extension of municipal services which was consistent with city
ordinances and State law. The area would be temporarily zoned
agricultural.
Council Member Cott asked what zoning control the City had in the
extraterritorial jurisdiction without annexation.
Persuad replied that the City did not have any zoning control
outside the city limits.
Council Member Cott asked why there was an extraterritorial
jurisdiction.
Persuad replied that the City had subdivision control in the
extraterritorial jurisdiction.
Council Member Cott asked if someone had spoken to Sally Beauty
regarding the annexation.
Persuad replied that staff had communication with the owner of the
property. He had been informed of the details of the public
hearing.
Council Member Cott stated that 100% of the business on the
property was Sally Beauty. He asked if there was any way to
achieve zoning control on the type of road, size of road, etc.
without annexation.
Persuad stated that in the platting process there was consideration
of roads and an agreement reached with'~the property owner with
regards to the improvements to Mayhill Road. The City did not have
zoning control outside the City limits.
Council Member Krueger returned to the meeting.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 11.34 ACRES, LOCATED EAST OF MAYHILL ROAD AND NORTH
OF BLA~ ROAD; TEMPORARILY CLAESIF¥ING THE ANNEXED PROPERTY AS
"A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
February 6, 1996
Page 16
Biles motioned, Brock seconded to adopt the ordinance.
Council Member Krueger indicated that as he had not been present
for the conversation he should abstain from voting.
City Attorney Prouty asked if he had a conflict of interest.
Council Member Krueger replied no that he was not present during
the disucssion of the item.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
B. The Council considered adoption of an ordinance annexing
a tract comprising 21.62 acres located in the Estates of
Forrestridge Section II; temporarily classifying the annexed
property as "A," Agricultural District. (First Reading, A-70) (The
Planning and Zoning Commission recommended approval 6-0.)
Harry Persuad, Senior Planner, stated that this was another
annexation process under the schedule previously adopted. Lodge
Construction Company had requested the annexation of the property.
This was the first reading of the annexation ordinance. The final
plat would be considered by the Planning and Zoning Commission on
February 14th. The property would have temporary agricultural
zoning until permanent zoning was designated.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 21.62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE
SECTION II; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS
"A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
DECLARING AN EFFECTIVE DATE.
Biles motioned, Miller 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.
C. The Council considered adoption of an ordinance annexing
a tract comprising 34.78 acres located in the clear zone south of
the existing runway in the vicinity of the Denton Municipal
Airport; temporarily classifying the annexed property as "A,"
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February 6, 1996
Page 17
Agricultural. (First Reading, A-71)
Commission recommended approval 6-0.)
(The Planning and Zoning
Harry Persuad, Senior Planner, stated that this tract was owned by
the City of Denton and was located within the clear zone of the
Municipal Airport.
The following ordinance was considered:
AN ORDINANCE OF THE CITY OF DENTON, .TEXAS ANNEXING A TRACT
COMPRISING 34.78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE
EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL
AIRPORT; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A",
AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN
EFFECTIVE DATE.
Biles 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
prescribing the number of positions in each classification of
Police Officer; prescribing the number of positions in each
classification of Fire Fighter; repealing all prior inconsistent
ordinances and resolutions to the extent of any such conflict.
Tom Klinck, Director of Human Resources, stated that this ordinance
would comply with Chapter 143 of the Local Government Code which
governed the police officers and fire fighters employment matters.
The Council had already authorized the funding for these positions
in these various departments with the adoption of 1995-96 budget.
The ordinance specified the number of positions in each
classification.
The following ordinance was considered:
NO. 96-030
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE
NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER;
PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF
FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; AND DECLARING
AN EFFECTIVE DATE.
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city of Denton City Council Minutes
February 6, 1996
Page 18
Biles motioned, Krueger 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
authorizing assignment pay for Fire Department employees in the
classification of Captain who were also assigned to perform the
duties of EMS Program Manager.
Ross Chadwick, Fire Chief, stated there were two ordinances which
would modify the assignment pay for two positions in the Fire
Department.
The following ordinance was considered:
NO. 96-031
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES IN THE CLASSIFICATION OF CAPTAIN WHO ARE ALSO
ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND
PROVIDING AN EFFECTIVE DATE.
Biles motioned, Krueger 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
authorizing assignment pay for Fire Department employees in the
classification of Driver who are also assigned to perform the
duties of Maintenance/Logistics officer.
Chief Chadwick stated that this was the same type of ordinance as
the prior ordinance Council had considered.
The following ordinance was considered:
NO. 96-032
AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT
EMPLOYEES IN THE CLASSIFICATION OF DRIVER WHO ARE ALSO
ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCE/LOGISTICS
OFFICER; AND PROVIDING AN EFFECTIVE DATE.
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February 6, 1996
Page 19
Krueger 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.
G. The Council considered adoption of an ordinance repealing
ordinance 76-18 relating to two hour parking limit in parking
facilities adjacent to Municipal Building.
Acting City Manager Svehla stated that this was for the lot outside
City Hall. With the change in the use of the building the parking
would be available for the employees. .
The following ordinance was considered:
NO. 96-033
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
REMOVAL OF THE TWO HOUR TIME LIMIT ON PARKING FOR THE EAST
PARKING LOT AT CITY HALL WHICH IS ADJACENT TO OAKLAND STREET;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
Brock motioned, Cott 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.
Mayor Castleberry stated that he had overlooked a motion and second
for the Consent Agenda. He requested a motion for the Consent
Agenda with the exception of Bid #1851.
Cott motioned, Biles seconded to approve the Consent Agenda with
the exception of Bid #1851. 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 removing
Lloyd V. Harrell from the Board of Directors of the Industrial
Development Authority and reappointing Rick Svehla, Acting City
Manager and Kathy DuBose, Executive Director of Finance for terms
of six years.
Acting City Manager Svehla stated that the Board was comprised of
three staff members. He would be appointed on an interim basis
until the new City Manager was hired.
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City of Denton City Council Minutes
February 6, 1996
Page 20
The following resolution was considered:
NO. R96-006
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING FOR
AN EFFECTIVE DATE.
Krueger motioned, Brock 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.
B. The Council considered approval of a resolution
appointing a special six (6) member oversight committee to monitor,
evaluate, and report on the progress of the five year capital
Improvements Program, subject to the authorization of the voters at
the bond election on February 24, 1996.
The following resolution was considered:
NO. R96-007
A RESOLUTION APPOINTING A SPECIAL SIX (6) MEMBER OVERSIGHT
COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF
THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE
AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY
24, 1996; AND PROVIDING AN EFFECTIVE DATE.
Krueger motioned, Young seconded to approve the resolution.
Council Member Cott stated that this group would be a group of six
people who represented only the voters. They did not represent the
staff or the user of the funds. It was easy to make decisions four
years after because they were not in a conflict of interest. If it
wasn't the people who were on the current committee, he would vote
against the six representatives only because he felt the people had
to represent only the voters of those bonds.
Council Member Miller stated that he was the chair of the furmer
committee and was against what Council Member Cott said. All
during that time the City was able to spend the money in different
ways, to save money and to get State funding for projects. The
only way to do that was to work with staff. The Committee made
recommendations to the Council based on a sense of allegiance to
the voters and to the bond holders. The Committee always
maintained that the bonds were being spent for what the voters
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City of Denton City Council Minutes
February 6, 1996
Page 21
approved. Without staff, the Committee would have been
inefficient.
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 approval of the appointment of Deputy
City Secretaries.
Acting City Manager Svehla stated that these appointments would
streamline the applications for taxi cabs permits.
Brock motioned, Krueger seconded to approve the appointments. On
roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
11. Vision Update
Council Member Brock stated that at the last meeting, there was a
decision to meet at regular intervals for updates on the Action
Teams. She was pleased to note how many of the recommendations of
Action Teams were already being implemented or were included in the
CIP program.
12. Miscellaneous matters from the City Manager.
Acting City Manager Svehla did not have any items for Council.
13. There was no official action taken ~0n Closed Meeting Items
discussed during the Closed Session
14. New Business
The following items of New Business were suggested by Council
Members for future agendas.
A. Council Member Cott asked about the issue of the driveway
of Ken Ballard and also cars parking on driveways.
B. Council Member Young requested an ordinance regarding the
day laborers which would indicate that there be no parking or
standing 1000 feet from the corner of Eagle Drive and Locust Street
south.
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City of Denton City Council Minutes
February 6, 1996
Page 22
C. Council Member Young had provided Council with a
memorandum regarding a meeting with Barton Smith. He requested
that it be placed on a Closed Meeting Session.
City Attorney Prouty indicated that it could not be placed on a
Closed Meeting Session but could be done in a work session.
D. Council Member Miller asked about the process of making
appointments to the Diversity Task Force.
E. Council Member Miller asked for a review of the summer
youth job program for the City of Denton.
F. Council Member Krueger asked for a work session item
regarding staff recommendations regarding the turn lanes on Teasley
Lane at the Shell Station.
G. Council Member Brock asked that the Council's Rules of
Procedures be looked at to sharpen the language regarding limiting
Citizen Reports for five minutes.
15. The Council did not meet in a continuation of the Closed
Meeting.
With no further business, the meeting was adjourned at 9:20 p.m.
NNI~ER WALTERS
TY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS/
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ACC002E9