Minutes May 21, 1996CITY OF DENTON CITY COUNCIL MINUTES
May 21, 1996
383
The Council convened into a:Closed Meeting on Tuesday, May 21, 1996
at 5:45 p.m. in the Civil Defense Room of city Hall.
PRESENT: Mayor Miller; Council Members Beasley, Biles, Cott,
Krueger, and Young.
ABSENT: Mayor Pro Tem Brock
1. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
Considered acceptance of a possible assignment on
behalf of a 4B non-profit economic development
corporation to be formed by the City from Bill
Methenitis, Trustee, relative to the vacant Texas
Instruments facility.
Ce
Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, May 21,
1996 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT:
Mayor Miller; ; Council Members Beasley, Biles, Cott,
Krueger, and Young.
ABSENT: Mayor Pro Tem Brock
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U. S. and Texas flags.
Mayor Miller presented a proclamation for National Public Works
Week.
2. The Council considered approval of the minutes of April 2, 9,
10, 16, and 23, 1996.
Krueger motioned, Young seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
3. Presentation from Strickland Middle School Class 8-3 (Zan
Austin, teacher) of their Keep Texas Beautiful Awarding Winning
Project, "An Environmental Guide for Kids: Denton 2000-Our Home,
Our Environment."
Students from strickland Middle School Class 8-3 presented the
Council with copies of their project.
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May 21, 1996
Page 2
4. citizen Reports
A. The Council received a citizen report from Rick Gibbons
regarding the Community Development Advisory Committee's $0
allocation for "Starting Over, Inc.".
Mr. Gibbons stated that "Starting Over" was a non-profit drug and
alcohol outpatient treatment center. The organization was founded
in 1992 and in 1993 opened an intensive outpatient program. It had
provided services for over 220 clients. The organization was
waiting to receive word of a grant award from the Hilton
Foundation. He understood that the City and the CDBG funds could
not be authorized on a contingency basis. He asked Council to wait
until next Tuesday to award the funding for the CDBG funds until he
received word about the additional funding he was requesting.
Council Member Young stated that he was in support of the program
but that there was no where to get the funds for this year. He
suggested that Mr. Gibbons begin the paper work for an application
for next year's funds.
Gibbons stated that he had applied for funds several, years ago and
was told that the organization did not have enough history. He had
put together grants and now had a history of service and was still
waiting for funding. He was requesting $34,900 from the city.
Mayor Miller stated that the Council had received a report from the
Human Services Committee which had looked at his program. There
were limited funds and the Committee's recommendation was based on
that and not on the kind of program.
B. The Council received a citizen report from Nell Lights
regarding the flood plan, debris from the concrete company near her
home, pollution and ditches.
Ms. Lights stated that when she purchased Der property in this area
she had no idea of the danger of concrete pollution and flood
damage. She had not received notification that her property was in
a flood plain. There was a misunderstanding between her property
and the concrete company. The concrete company was causing
problems with her property such as drainage, ditches and pollution
in the area. She needed help with the concrete company. She asked
why the concrete company did not have to take polluted water away
from the site rather than putting it in a drainage ditch. She had
asked before to remove the flood plain so that she could build on
her property.
5. citizen Request~
A. The Council considered a request from J. Mike Riley for
an exception to the noise ordinance from Thursday, July 4 -
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May 21, 1996
Page 3
Saturday, July 6 until 12:00 midnight at the North Texas State
Fairgrounds for the Pro Youth Rodeo Association.
Veronica Rolan, Administrative Assistant, stated that Mike Riley
was requesting an exception to the noise ordinance for the Pro
Youth Rodeo Association at the North Texas Fairgrounds.
Krueger motioned, Biles seconded to approve the exception. On roll
vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
6. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance rezoning 21.62 acres to the Single Family-16 (SF-
16) zoning district. The site, known as Estates of Forrestridge
Sec. II, was located at the western terminus of E1 Paseo Drive.
(The Planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
this property was annexed in March and the proposal would change
the zoning from temporary Agricultural zoning to Single Family-16.
The Planning and Zoning Commission determined that all of the
policies of the Denton Development Plan had been met.
The Mayor opened the pubic hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Cott suggested delaying consideration of the
proposal for one week as there were three serious oppositions from
people who lived in the area. He felt the opposition could be
solved if the matter was discussed with the neighbors.
Robbins stated that one of the longer comments was a letter in
which staff had had a conversation with the individual. The
concern there was with access to E1 Paseo. That was not an issue
associated with this zoning but was rather associated with
platting. There was no regulation which could require a
reorientation of the road during platting just to give a property
owner access to a street. The property which was in opposition
still had access to public streets.
Council Member Biles felt that some of the responses from the
neighbors were confusing. For example, one indicated that he owned
the lot on Oak Forfeit which backed up to the subject DroDerty.
The owner did not want to look into someone else's backyard. That
comment was not appropriate as it was not their property. There
was no one at this meeting expressing opposition.
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May 21, 1996
Page 4
The following ordinance was considered:
NO. 96-117
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING AN
ORIGINAL ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION OF
SINGLE FAMILY (SF-16) FOR A 21.667 ACRE TRACT LOCATED AT THE
WESTERN TERMINUS OF EL PASEO DRIVE; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND
PROVIDING FORAN EFFECTIVE DATE.
Biles motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Cott "nay", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried with a 5-1 vote.
B. The Council held a public hearing and considered adoption
of an ordinance rezoning 1.63 acres to the Two Family (2F) zoning
district from the Single Family-16 (SF-16) zoning district. The
property was located on the east side of Lillian Miller Parkway,
approximately 350 feet north of Southridge Drive. (The Planning
and zoning Commission recommended approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
this proposal was initiated by the Planning and Zoning commission
as a consequence of transferring the property to the GIS system.
When the property was originally zoned, there was a road planned in
the area known as Ridgeway. The zoning survey followed the
proposed location of Ridgeway. Later when Lillian Miller was built
on a different alignment, the zoning was not changed but the map
was. This was a clean up to change the zoning to the proper
location based on the alignment of Lillian Miller.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-118
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 1.63 ACRES OF LAND
LOCATED ADJACENT TO THE EAST SIDE OF LILLIAN MILLER PARKWAY,
APPROXIMATELY 350 FEET NORTH OF SOUTHRIDGE DRIVE; PROVIDING
'FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE.
City of Denton City Council Minutes
May 21, 1996
Page 5
Beasley motioned, Biles seconded to adopt the ordinance. On roll
vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimous.ly.
C. The Council held a public hearing and considered adoption
of an ordinance amending Section 33-47 of the Code of Ordinances to
remove retesting requirements for renewal of sign licenses. (The
Planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Directorof Planning and Development, stated that
this was a streamlining of the sign ordinance. There was a current
provision for a two year license as at the time the ordinance was
approved, it was undergoing changes on a regular basis. This had
not happened for several years and it was felt that the provision
for retesting was no longer needed. The license period would be
extended from 2 to 4 years with no retest required at the end of
the four years.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-119
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 33-
47 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
DELETE RETESTING REQUIREMENTS FOR RENEWAL OF SIGN LICENSES;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
7. Variances
A. The Council considered a variance to Section 34-114
(13) (c) of the Code of Ordinances [private street paving standards]
for the Tower Addition. The site was located near the east side of
Mayhill Road, approximately 1,800 feet north of Treatment Plant
Road. (The Planning and Zoning Commission recommended approval 6-
0.)
Frank Robbins, Director for Planning and Development, stated that
City regulations required that this private street needed to be
paved. The only development on the site would be a tower and a
building to support the electronics of the tower. The development
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May 21, 1996
Page 6
would generate only two - three trips per week and it was deemed
unreasonable to require the paving of the street.
Biles motioned, Young seconded to approve the variance. On roll
vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
8. Consent Agenda
Council Member Young asked that Item 8.A.3., Bid #1893, be pulled
for discussion. Me asked if the defoliation was harmful to animals
and fish.
Denise Harpool, Senior Buyer, stated no that only the vegetation
which stopped water flow would be affected.
Biles motioned, Young seconded to approve the Consent Agenda as
presented. On roll vote, Beasley "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
A. Bids and Purchase Orders:
2.
3.
4.
5.
Bid $1887 - Police Motorcycles
Bid $1889 - Ambulances
Bid $1893 - Drainage Channel Vegetation Management
P.O. ~65002 - Integrated Computer Systems
P.O. $65209 - Physic Control
9. Consent Agenda ordinances
Council considered the Consent Agenda Ordinances 9A-9C. Beasley
motioned, Biles seconded to approve Consent Agenda Ordinances 8.A.
- 8.C. On roll vote, Beasley "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
A. NO. 96-120
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 #1887, 7.A.2. -
Bid ~1889)
B. NO. 96-121
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.3. - Bid #1893)
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May 21, 1996
Page 7
3 8'9
C. NO. 96-122
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (7.A.4. - P.O. #65002,
7.A.5. - P.O. #65209)
10. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute a contract between the city of
Denton and the Kansas City Southern Railroad Company for wire
crossing.
Rick Svehla, Deputy City Manager, stated that as the railroads were
here before the City, the City had to obtain permission to cross
railroad right-of-way. The ordinance would authorize execution of
the agreement.
The following ordinance was considered:
NO. 96-123
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE
KANSAS CITY SOUTHERN RAILWAY COMPANY FOR WIRE CROSSING;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Young to seconded adopt the ordinance.
Herb Prouty, City Attorney, stated that the city would be including
wording for an indemnity for an environmental negligence or
environmental fines and a clause that irrespective of any
negligence on the part of the railway, the City would never insure
another party against their negligence A provision would be added
to indicate that nothing herein would make the City or the licensee
liable for actions involving the sole negligence of the railroad.
On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance amending
Ordinance 96-043 by changing the SR and SRW rates for residential
wastewater service to revise the methodology for determining
residential wastewater rates; and authorizing credits for
residential wastewater customers. (The Public Utilities Board
recommended approval.)
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Page 8
Earl Crews, Utility Financial Administrator, stated that this
proposal had been reviewed by Council at the last work session.
The change would make the charges more fair for the month of
February in terms of the wastewater charges and would also revise
the methodology used in calculating the winter average.
Council Member Biles expressed a concern for residents who might
experience lifestyle changes. The proposal was to eliminate those
cost figures which fell outside of the plus or minus 25% range.
With lifestyle changes in which there might be possibly a more than
25% plus or minus situation, an individual would end up always
paying at a higher rate as there would not be another subsequent
change. He felt it might be better to move the width of the band to
a plus or minus 50%
Crews felt it would be appropriate to stay with the plus or minus
25% and allow the previous winter average to adjust by that amount.
Council Member Biles stated that if the cost figure would fall
outside that plus or minus 25% band, a credit would be given to the
25% point and in future winters, there would be the opportunity to
for another adjustment.
Crews replied correct that there would be a 25% adjustment each
year if the average stayed the same in the future.
Mayor Miller asked if the ordinance needed to be amended.
Crews replied yes that the ordinance would have to be amended to
state "using a plus or minus 25%" on the wastewater schedule.
The following ordinance was considered:
NO. 96-124
AN ORDINANCE AMENDING ORDINANCE 96-043 BY CHANGING THE SRAND
SRW RATES FOR RESIDENTIAL WASTEWATER SERVICE TO REVISE THE
METHODOLOGY FOR DETERMINING RESIDENTIAL WASTEWATER RATES~
AUTHORIZING CREDITS FOR RESIDENTIAL WASTEWATER CUSTOMERS;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Cott seconded to approve the ordinance subject to
incorporating the plus or minus 25% language as was discussed for
both schedules. On roll vote, Beasley "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the city Manager to execute an amendment to the
professional services agreement with ReSource Management
City of Denton City Council Minutes
May 21, 1996
Page 9
391
International by adding a task order and authorizing
compensation.
additional
Sharon Mays, Director for Electric Utilities, stated that the
Public Utilities Commission was moving very rapidly to deregulate
the utilities industry. This required much paperwork and there was
not enough staff available to carry out that paperwork. This
amendment to the agreement would assist with the filing of data on
stranded investments. This was a critical item in this process and
was a very large project.
Council Member Biles asked if only City of Denton issues were being
addressed.
Mays replied correct as it was important for the City to stand
alone as there needed to be very specific investment figures.
The following ordinance was considered:
NO. 96-125
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE
MANAGEMENT INTERNATIONAL ("RMI") BY ADDING A TASK ORDER AND
AUTHORIZING ADDITIONAL COMPENSATION; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Young seconded to.adopt the ordinance.
Council Member Cott asked why the City was not studying the effect
on the bond business as well as on stranded costs.
Mays replied that they were very aware of the impact the process
had on the bond rating. This was very specific as the city was
responding to a very specific set of requests and demands from the
Public Utilities Commission.
On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute an amendment to the
commercial lease agreement between the City of Denton and Avionics
International Supply, Inc. (The Airport Advisory Board recommended
approval.)
Joseph Portugal, Assistant to the City Manage~, stated that this
amendment would enable Avionics to secure funding for their
building. By assigning the lease to the lending institution they
would secure the note and guarantee their funding for the building.
May 21, 1996
Page 10
The following ordinance was considered:
NO. 96-126
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
DENTON, TEXAS TO EXECUTE ANAMENDMENT TO THE COMMERCIAL LEASE
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND AVIONICS
INTERNATIONAL SUPPLY, INC.; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Cott seconded to adopt the ordinance. On roll vote,
Beasley "aye", Cott "aye", Krueger "aye" Young "aye", Biles "aye"
and Mayor Miller "aye". Motion carried unanimously.
11. Resolutions
A. The Council considered approval of a resolution
authorizing the submission of an application to the criminal
Justice Division of the office of the Governor, State of Texas,
requesting funding for one juvenile/domestic violence investigator
and associated training and equipment for a Family Services Unit.
Mike Jez, Chief of Police, stated that this resolution would
authorize the submission of an application for a grant for a
juvenile/domestic violence investigator and associated training and
equipment for a Family Services Unit. This was a five year grant
similar to other grants which the City had applied for through the
Criminal Justice Division.
The following resolution was considered:
NO. R96-024
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
SUBMISSION OF AN APPLICATION TO THE CRIMINAL JUSTICE DIVISION
OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING
FUNDING FOR ONE (1) JUVENILE/DOMESTIC VIOLENCE INVESTIGATOR
AND ASSOCIATED TRAINING AND EQUIPMENT FOR A FAMILY SERVICES
.UNIT; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Biles seconded to approve the resolution. On roll
vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles
~Waye", and Mayor Miller "aye". Motion carried unanimously.
B. The Council considered approval of a resolution
authorizing the City Manager to sign and submit to the Department
of Housing and Urban Development, a 1996 Action Plan for Housing
and Community Development with appropriate certifications, as
authorized and required by the Housing and Community Development
Act of 1974, as amended; and the National Affordable Housing Act of
1990, as amended. (The Community Development Advisory Committee
recommended approval.)
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May 21, 1996
Page 11
393
Barbara Ross, Community Development Administrator, stated that this
resolution would approve the 1996 Action Plan for housing and
community development. There were revisions included in the agenda
packet which stemmed primarily from the additional money received
from the Federal government. These additional funds were included
in the Plan as unprogrammed funding. The only other revision was
the deletion of the road hump project as requested. The Plan did
not include the activity stage as the project would be considered
by the Committee and a recommendation returned to Council regarding
the additional funds that could be used to fund the activity stage.
The Action plan included those recommendations that had already
taken place without any recommendations that might be considered
for the additional funding.
City Manager Benavides stated that the Council had indicated that
they wanted the money to be used for the activity stage.
Ross stated that because of Federal requirements, recommendations
would be taken to the Committee and it was required that those
recommendations be put out for public comment for a 30 day period.
That would have to take place before those additional funds were
allocated for projects.
Council Member Biles stated that there was a 30 day period required
by Federal law for public comment before the Council could move on
the funds or before the Committee could move.
Ross replied before the additional funds which the City received
notification of could be allocated to specific projects.
Council Member Biles asked if the $7,500 which was allocated for
the road humps could be specifically designated for the activity
stage.
Ross. stated that the $7,500 by itself was not sufficient funding
for the activity stage. The Parks Department was working on
options for the stage for perhaps something less than what was
initially planned or looking at a stage which was originally
planned.
City Manager Benavides stated that yes the $7,500 could be
allocated for the stage even if it was not adequate.
Ross replied that it could be but because of the volume of the
additional funding the City was receiving, it was suggested at the
last meeting that those funding amounts be returned to the
Committee and discuss with them the potential uses of those funds
including the $7,500 which Council requested be deleted from the
Action Plan.
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May 21, 1996
Page 12
Council Member Biles stated that he understood that the $7,500
which had been recommended for the road humps would be specifically
designated to be used for the activity stage. He understood that
the stage would have to go back through a process for consideration
as to what recommendations to make such as how much it was going to
cost, how big would be the back, etc. His intent at the last
meeting was to make sure that the $7,500 for the road humps was
deleted from a street category and specifically put into a stage
category.
Ross stated that that was not included but the Council could amend
the Action Plan to include that as just stated. She had
misunderstood the Council from the prior week and had included that
money as unprogrammed funds to be programmed as the Committee
worked on the allocations for the additional funding.
Council Member Biles stated that the Committee would have to put
this out for public comment for a 30 day period at which point in
time the Committee would have to provide another recommendation and
then return to Council for consideration.
Ross stated that there were additional funds besides those which
would go towards the activity stage. The standard procedure when
additional funds were received or if not all funds were allocated,
was to have the Committee provide an additional allocation
recommendation.
Council Member Biles wanted the stage in Fred Moore Park to be
specifically considered by the Committee with a specific
recommendation back to Council. If the recommendation was to build
a $45,000 stage as was an original projection, $7,500 would already
be earmarked for the stage coming from this meeting.
Ross replied that that was something the Council could do at this
time.
Council Member Beasley asked if all of the projects which were not
funded in the first consideration would be considered again or
would applications have to be resubmitted.
Ross stated that based on Council's recommendations at the last
Council meeting, staff was going to go to the Community Development
Advisory Committee and the Human Services Committee with specific
proposals and ask them to consider those proposals. The activity
stage would be included in those proposals.
Council Member Beasley asked if all of the projects not receiving
funding would be considered for this additional funding.
Ross stated that they would be considered by the Committee.
City of Denton City Council Minutes
May 21, 1996
Page 13
City Manager Benavides stated that his understanding was that
Council wanted $7,500 from the road humps for the stage. The
remainder of the balance to get to the $45,000 would come from the
$76,000. The Committee would have discretion for the $30,000 which
was unprogrammed and undirected by the Council to consider projects
which were not originally allocated or to consider new projects.
The first $45,000 was earmarked, if rational and practical, for the
activity stage. There would not be much discretion on the
Committee's part for this amount of money.
Council Member Biles stated that he was ready to make a motion that
$45,000 of the $76,000 would be used for an activity stage subject
to working, out the details on the stage. That would leave $31,000
for other projects recommended by the Committee. He understood
from this meeting that Federal law required a 30 day public comment
period, had to go to Committee, etc. Could the Council decide at
this meeting to fund an activity stage.
Ross stated that the Council cOUld set aside at this meeting $7,500
from road humps for the stage and Council could direct staff to set
up the additional funds needed to build a stage and work with the
Committee to achieve that. Because of the substantial nature of
the additional funds, a 30 day public comment period was needed
before returning to Council for action.
Council Member Biles asked who required the 3~ day time period.
Ross replied that the City of Denton Citizen Participation Plan and
the Consolidated Plan regulations required at least a 30 day public
comment period prior to allocating funding.
City Manager Benavides stated that it was a legal hurdle required.
But Council could designate what it wanted to use the $45,000 for.
Council Member Beasley stated that she was in agreement of building
the stage but did not have a problem letting this go back to the
Committee.
Young motioned, Cott seconded to allocate $45,000 for a stage at
this meeting.
Mayor Miller indicated that this could not be done at this meeting
but that Council had indicated its direction to staff.
Council Member Young understood that the dollars could be
designated for the stage at this meeting and then go through the 30
day process.
Ross stated that Council could direct staff to set aside those
funds and set that up as part of the citizen participation process.
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May 21, 1996
Page 14
Mayor Miller stated that the motion was to approve the resolution
subject to setting aside up to $45,000 for the activity stage.
Ross stated that the $45,000 would include the $7,500 as funding
for the activity stage.
Council Member Krueger asked if the 30 day comment period was-
because the Council wanted to make an amendment to the Committee's
recommendation.
Ross replied no that the 30 day period for public comment was not
due to any changes which Council might make to the Committee's
recommendation. That period was required because the City received
additional funding which had not yet been subject to the citizen
participation process.
City Manager Benavides stated that the Council could reallocate any
of the original money as it had been through the process. The
comment period was required for the new $76,000 which no one had
seen yet.
Council Member Biles stated that the motion included that the
previously allocated $7500 was out of the $1 million. $7,500 would
be used for a stage out of the original allocation and Council
could give direction for the balance of the funding to come out of
the $76,000 up to a maximum of $45,000.
Lidia De la Garza, speaking through an interpreter, stated that she
was in support of hiring a bilingual person to assist bilingual
individuals with their needs and concerns.
Martha Garcia stated that she was a member of the MLK Advisory
Committee and she was in support of hiring a bilingual individual
to assist individuals at the MLKCenter. She read a statement from
Rosemary Rodriguez who was also in support of the proposal at the
MLK Center.
Richard Godoy stated that he was a social worker at Denton High
School and supported the hiring of a bilingual social worker at the
MLK Center. The needs of Hispanic residents in that part of the
City were great and they needed someone in a professional position
who could communicate in their own language. The area families had
expressed a need for a bilingual social worker in the area who
could help link them with social services in the City.
Francisa Ryan stated that she was in support of hiring a bilingual
staff worker at the MLKCenter who understood the Hispanic culture.
The MI~K ¢~n~r ~m~d b~ used for ESL cla~se~.
Martha Guerra stated that she was in support of hiring a bilingual
individual staff person who was aware of the Hispanic culture. The
City of Denton City Council Minutes
May 21, 1996
Page 15
Hispanic population needed information on the way the city
functioned and there was a need for better communication between
the City and Hispanics.
Sherri McDade stated that she was in opposition to some of the
funding requests. There were requests for funding which were not
approved such as an extension of the TWU Cares Program, a request
for furniture and equipment for the American Legion Hall, and needs
of the Girl Scouts. She suggested not funding the maid service at
Fairhaven as it only affected a select few and there were many more
people who could be helped better with those funds.
Council Member Beasley stated that at the last work session, she
had asked staff to look at funding that position through a staff
position in the City budget. The recommendation from the Committee
felt that this funding should be done through a regular staff
position of the City and not through the CDBG funds. There were a
lot of needs in the community and there was only a limited amount
of funds. The money for Fairhaven was for very elderly individuals
who needed help in every day living.
City Manager Benavides stated that the Director of Parks and
Recreation and the chief of Police would be looking at the issue
for separate analysis on how to best respond to this request. The
recommendation would be presented to Council during the budget
process for consideration.
The following resolution was considered:
NO. R95-025
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT A 1996 ACTION PLAN FOR HOUSING AND
COMMUNITY DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS
AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN
EFFECTIVE DATE.
On roll vote on the motion to approve the resolution with the
deletion of $7,500 from the speed bump project and add to that
$7,500 an amount up to $45,000 for an activity stage at Fred Moore
Park. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
12. The Council considered nominations/appointments to the Keep
Denton Beautiful Board, the Development Policy Committee, the
Vision Project Cabinet and the Data Processing Board.
There was no appointment to the Denton Development Policy.
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39¢J
City of Denton City Council Minutes
May 21, 1996
Page 16
Council Member Young nominated Lupe Tovar to the Data Processing
Advisory Board.
Gayla Robles was nominated by Mayor Pro Tem Brock at a previous
meeting for the Keep Denton Beautiful Board. On roll vote, Beasley
"aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and
Mayor Miller "aye". Motion carried unanimously.
Mayor Miller indicated that there was a vacancy on the Vision
Cabinet as he had moved to the chair position upon election as
Mayor. Council had another appointment available for the cabinet.
Council Member Beasley indicated that she would be interested in
the position.
Council Member Krueger nominated Council Member Beasley. On roll
vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
13. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
14. There was no official action taken on items discussed in the
earlier Closed Meeting.
15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young requested a re-evaluation of the day
laborer situation.
B. Council Member Krueger asked for a review of the current
solicitation policy-for charitable solicitations specifically the
fire fighters "Fill the Boot" campaign. He was in favor of
amending the current policy to allow the fire fighters to solicit
for this charity while on duty and in uniform.
city Attorney Prouty stated that a recent Attorney General's
opinion was not in favor of what the fire fighters wanted to do.
C. Council Member Biles stated that he would like to review
the policy to allow on-duty in uniform charitable solicitations.
D. Mayor Miller stated that the Council had received an
invitation for a work shop and luncheon of NCTCOG for June 7th.
16. The Council did not meet again in Closed Meeting.
City of Denton City Council Minutes
May 21, 1996
Page 17
With no further business, the meeting was adjourned at 8:50 p.m.
J~NN~ F~R WALTERS7 -
~TY ~ECRETARY
CITY OF DENTON, TEXAS
ACCO030F
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