Minutes May 7, 1996350
CITY OF DENTON CITY COUNCIL MINUTES
May 7, 1996
The Council convened into a Closed Meeting on Tuesday, May 7,
at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT:
ABSENT:
1996
Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
None
1. The Council discussed the following in a Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
1. Discussed possible acquisition of offsite drainage
easement at the intersection of Loop 288 and
Spencer Road.
2. Discussed the acquisition of property for expansion
of the City's landfill.
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The Council convened into a Regular Meeting on Tuesday, May 7, 1996
at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; council Members
Brock, Cott, Miller and Young.
Council Member Krueger
ABSENT:
1. Pledges of Allegiance
The Council and members of the audience recited
Allegiance to the U. S. and Texas flags.
the Pledge of
Mayor Castleberry presented the following Yard of the Month awards:
Texas Bank
David and Vicki Scott
Earl Vian and Carol Evelsizer
Jim and Judy Melton
Peggy Cutsinger
Carol's Custom Draperies
Mayor Castleberry presented the following proclamations:
Denton Tourism Week
Arson Awareness Week
2. The Council considered approval of the minutes of February 6,
13, 20, and 27 and March 5, 19, 26, 27, and 29, 1996.
City of Denton City Council Minutes
May 7, 1996
Page 2
351
Biles motioned, Young seconded to approve the minutes as presented.
On roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Council Member Krueger joined the meeting.
3. Citizens Reports
A. The Council received a citizen report from Dessie Goodson
regarding general issues in the city of Denton.
Ms. Goodson presented pictures on how well the city crews cleaned
up the drainage on Amarillo and Greg. People needed to stop
blowing their grass on the sidewalks as it made it hard to walk on
the sidewalks. Animal Control could contact her so that she could
help them locate two skunks in the area of her home. She was tired
of being stranded by the SPAN trolley. The trolleys continued to
run either early or late. A1 Murdock wrote a letter which
indicated that if an individual was stranded, there would be a
vehicle to come out and pick him up or a complimentary pass would
be provided. That had never happened for her. The SPAN vehicles
were still dirty for the riders. She noted problems with the
drivers of the trolleys leaving the vehicles running while out of
the trolleys. Her plumber had not been contacted from the City
regarding the problem at her home.
B. The Council received a citizen report from Susan Sims
regarding the killing of animals in residential areas.
Ms. Sims was not present at the meeting.
C. The Council received a citizen report from Frances Cannon
regarding drainage on Spencer Road.
Mrs. Cannon stated that she had a drainage problem at her house.
She was going to trust that the Council would do what was right
with the problem. Everyone had been very kind that she had worked
with on this problem.
Council Member Cott stated that Ms. Cannon lived on the corner of
Spencer and Bridges. Water was coming back into her home with the
recent development in the area. The City would work to correct the
problems as best as possible.
D. The Council received a citizen report from Claude Cannon
regarding drainage on Spencer Road.
Mr. Cannon stated that they needed more help with a flooding
problem. Water was running 24 hours a day and would be a problem
for a long time unless it was corrected. He and his wife would
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city of Denton city council Minutes
May 7, 1996
Page 3
appreciate any consideration they could receive.
Mayor castleberry stated that staff working with the cannons
regarding the problem.
4. citizen Requests
A. The council considered a request for an exception to the
noise ordinance for a wedding reception at the North Texas State
Fairgrounds on July 27, 1996 until 12:00 a.m.
Veronica Rolen, Administrative Assistant, stated that this was a
request for a wedding reception on Saturday, July 26, 1996.
council could grant such an exemption when it would serve the
public interest.
Krueger motioned, Young seconded to approve the request. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles ,'aye", and Mayor castleberry ,'aye". Motion carried
unanimously.
5. The council received and opened bids regarding city of Denton
Utility System Revenue Bonds, series 1996 and city of Denton
Utility System Revenue Refunding Bonds, series 1996A.
west Company, stated that there were
David Medanlch, First. South ~ .... ~ ~ this meeting. Two _were
four bond issues ~o De c~ns~u~_~ ~ new money issue an~ one
utility system revenue bongs, one wa~ a . .
was a refunding. There was also one general obligation bond issue
and one certificate of obligation. There were a total of eleven
bids for the four i~sues. He would open all of the bids for
council and then retire to check the rates for accuracy.
The following was an opening of the bids with effective interest
rates:
~ stem R venue Bonds - 7 0 0 0
smith Barney - 5.974%
First Southwest Company - 5.9352%.
utilit S stem Refundin Bonds - 36 million
Merrill Lynch - 6.1694%
smith Barney - 6.1237%
Dain Bosworth - 6.0845%
First Southwest company - 6.0811%
council Member Cott questioned why there were so few bidders.
City of Denton City Council Minutes
May 7, 1996
Page 4
353
Medanich replied that it was probably due to the size of the issue.
The larger the issue, the smaller the number of bids. There were
also four different bonds being issued at the same time. One or
two bidders bid on all of the issues while some only bid on one or
two.
6. The Council received and opened bids regarding City of Denton
Certificates of Obligation, Series 1996.
David Medanich opened the following bids with effective interest
rates:
Smith Barney - 5.825%
First Southwest Company - 5.822087%
Southwest Securities - 5.8222969%
7. The Council received and opened bids regarding City of Denton
General Obligation Bonds, Series 1996.
David Medanich opened the following bids with effective interest
rates:
First Southwest Company - 5.9286%
Smith Barney - 5.9852%
Medanich stated that all of the City's ratings had been confirmed.
On the utility system side the rating was an A1 for Moody's and an
A+ for Standard and Poors. On the general obligation side, the
rating was A1 for Moody's and an AA- for Standards and Poors. The
Standard and Poors report indicated that given recent progress,
further taxable property base, growth in the economic
diversification coupled with maintenance of healthy reserves, a
rating upgrade was possible. He would retire to check the bids and
return with recommendations for the Council.
8. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance to rezone 5.0 acres from the Agricultural (A)
zoning district to the Commercial Conditioned (C[c]) zoning
district. The subject property was located on the west side of 1-
35, approximately 200 feet north of Rector Road. (The Planning and
Zoning Commission recommended approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
this was a contested zoning case as there was opposition from the
neighbors for the proposal. The Planning and zoning Commission had
been evaluating the proposal in terms of a zoning case since
November of 1995 when they denied a commercial conditioned
district. This proposal was a different zoning case from the case
in November in that it represented a commercial conditioned
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City of Denton City Council Minutes
May 7, 1996
Page 5
district for the area. Conditions from the Planning and Zoning
Commission included a restricted list of permitted uses, the floor
to area ratio was limited, loading docks and dumpsters would have
to be screened, metal buildings could not be visible from I35, tree
maintenance was required between the properties, no off-premise
signage would be allowed, a no direct off-site lighting provision
was included and a bufferyard would have to be built on the
southern portion of site. The Planning and Zoning Commission had
recommended approval.
The Mayor opened the public hearing.
Greg Denbo stated that he had purchased property west of this site.
He had been told that the neighbors had asked the city to annex the
property and zone it agricultural in order not to have commercial
property there. The people with the adjoining property of the
proposed site were told that the property was zoned agricultural to
keep the area a rural setting. They had the understanding that the
property was annexed by Denton so that it could be zoned
agricultural in order to maintain the integrity of the
neighborhood. He could not understand why the Council would
consider rezoning the property if the purpose of the annexation was
to keep the area agricultural.
Dwight Crawford stated that he had lived west of the proposed
property for approximately 12 years. He did not understand the 6-0
approval of the Planning and zoning Commission. Fire safety was a
concern of the area. Bolivar water did not allow fire hydrants on
their system and there was an existing gas storage facility on the
property. The closest fire station was North Bonnie Brae which was
approximately five miles away. He had police concerns in that
there was very little police protection in the area. He suggested
increasing the patrols in the area so as to keep the vandals out of
the area.
Elspeth Crawford stated that the chair of the Planning and Zoning
Commission asked if individuals had researched the property before
buying the adjacent property. The chair made a statement that she
did not see why anyone would want to live near I35. Crawford could
not see how someone could make a permanent decision on her own
personal likes and dislikes and felt that the basic guidelines for
a decision should be honor and integrity under the guidelines of
suitability of the location, possible tax base to be generated by
the area, future use of the surrounding area and integrity of the
neighborhood. There were three small businesses in the area
already. In two of those the owners lived on site and the third
was a swimming pool company. A small business did not generate as
much business as this proposal would. Ther~ wer~ homes in the area
except for these small areas. The only kind of businesses which
would be adequate in the area would be something large and self-
supporting which would be an eye sore to the neighborhood or it
City of Denton city Council Minutes
May 7, 1996
Page 6
355
would have to be a small business like a convenience store. This
proposal was denied at the first Planning and Zoning meeting. Two
of the members of the Commission agreed that this would be an
adverse impact on the site.
Council Member Brock stated that the neighbors had researched the
zoning and had asked questions of neighbors. Had the City been
asked about the zoning and questioned where the information came
from regarding the reason for the annexation.
Crawford stated that her husband had done all of the research.
They met with many of the neighbors and many assured them that they
were families who planned to stay in the area.
Alicia Denbo stated that she was opposed to the commercial zoning
of the property. At this meeting, the City handed out awards for
Keep Denton Beautiful and she questioned what this proposal would
do to Denton. Why would the Council want to put commercial zoning
in the area so that something unattractive would build in the area.
Their property was bought in June of last year and they started
building their home in July. The purpose of moving to the area was
the beauty of the area. It was noted at the Planning and Zoning
Commission meeting that I35 was a major highway from Mexico to
Canada. She asked the Council to not make every corner of the
highway a convenience store intersection. She urged the Council to
keep the natural beauty of the area and not have every single
intersection commercialized.
Frank Ballard stated that his business was in Carrollton and he
expressed his concern about the zoning along I35 in the area.
Carrollton was trying to dress up I35 to make it attractive to move
in. The first intersection from Rector Road had a junk yard, after
that there was a truck stop, Smith Brothers Roping, another truck
stop, a junk yard and then the Outlet Mall. He did not want every
exit to Denton to be a commercial exit. The City was suppose to be
looking at planning and he requested that the Council deny the
zoning.
Rob Rayner stated that he was in favor of the zoning. On March
26th they had had a neighborhood meeting with seven families
represented. Major concerns of the neighbors included police and
fire protection and security lights in the area. Many of the
zoning uses allowed in commercial zoning had been eliminated. They
met those concerns of the neighborhood and at the Planning and
Zoning Commission meeting, the general development plan and the
preliminary plat were approved. The property was in the City limits
of Denton and he felt that the property needed to have the
commercial conditioned zoning because of what was currently
happening in the market. The conditioned zoning allowed the
developers to tailor the broad commercial use and meet not only the
needs of the land owner but also the neighbors so that they knew
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City of Denton City Council Minutes
May 7, 1996
Page 7
what could be built in the area. I35 had a great importance to
Denton and to the united States due to NAFTA. It was prudent to
have the land zoned to meet a broad need for the market which was
coming. The land owners asked that the zoning be approved.
Council Member Brock stated that in the list of allowed uses, a
truck parking lot would be allowed. Would a truck stop be allowed
under the conditions.
Robbins stated that that use should be taken out.
Rayner asked if the petitioner had a five minute rebuttal.
Mayor Castleberry replied yes.
Richard Murier stated that he lived west of the proposed site. The
area continued to be rural and residential. The proposal was to
change the zoning to commercial which he felt was not compatible in
the area. A petition opposing the commercial use in the area had
been circulated to the neighbors in the area. He asked that the
Council evaluate the proposal as though it would be next to their
homes. He felt that the sole basis for the change in zoning was
that it was land adjoining the interstate. That was no reason to
change the makeup of the neighborhood. He was asking Council to go
against the ruling of the Planning and Zoning Commission. If
Council decided to consider the request, he asked Council to look
very hard at the list of prohibited uses. There was still a large
number of permitted uses which were very onerous to the
neighborhood. If the request had to be considered, he requested
that the Council strike a number of uses on the list.
Bill Coleman stated that he was assisting the owners to plat the
property. One reason for the original annexation was to help
regulate development under the city's codes and ordinances. The
preliminary plat and general development plans approved by the
Planning and Zoning Commission met all requirements for city
regulations. The use which was being asked for fell below the
intensity use for a commercial area. Zoning this area commercial
followed the Denton Development Guide as most of the high intensity
nodes were at major intersections with Rector Road being designated
as a major arterial. The use which was requested with the building
to land area ratio was below the low intensity use for commercial
area. Of the prohibited uses, some already existed in the area
such as a junk yard and a truck stop.
Council Member Krueger asked who designated Rector Road as a major
arterial.
Coleman stated that the staff report indicated that the County's
Thoroughfare Plan designated Rector Road as a rural arterial.
City of Denton City Council Minutes
May 7, 1996
Page $
Council Member Krueger asked if the designation was by the County
or the City.
Coleman stated that it was designated by the County.
Council Member Krueger asked if this was the entire 26 acres owned
by the Rectors.
Coleman replied no that the 26 acres was part of a 78 acre tract.
Council Member Krueger asked if that property was along I35 and
adjacent to Rector Road.
Coleman replied correct.
Council Member Krueger stated that because the Rectors owned all of
the property around the proposal, there was really only one person
within 200 feet so no super majority vote of Council was needed.
Robbins replied correct.
Council Member Krueger asked what happened when the Rectors wanted
to do the next five acres and then the next five and so on. They
could not do the whole 26 acres as it might fall under the super
majority rule.
Robbins stated that that might have been a reason for that
configuration.
Council Member Krueger stated that if the Rectors stayed within 200
feet of their property line, they could rezone to commercial almost
all of the entire 26 acres.
Robbins replied correct and avoid the 20% rule as there would be no
one else who could oppose it.
Council Member Krueger asked if the site of the former Dunnick
Brothers batch plant was already zoned commercial.
Robbins replied no that the site was in an agricultural zoning
district.
Council Member Krueger stated that approximately three times the
size of the proposal could be commercialized without the 20% rule.
If this proposal was passed would there be a stipulation on the
rest of the land that it could not go Commercial.
Robblns s%a%ed %ha% the p~ope~ty would ~o through the zoning
process and there could be the potential, depending on the
configuration, that the 20% rule could be avoided.
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City of Denton city Council Minutes
May 7, 1996
Page 9
Council Member Krueger asked why the property was in the city
limits of Denton.
Robbins stated that there was a concern when the Dunnick Brothers
began to build their facility on the property. There was a great
deal of concern about that facility and the Council decided to
annex the area to gain zoning control of the property.
Council Member Krueger stated that at the time when the property
was annexed, it was all agricultural.
Robbins replied correct and then almost simultaneously the City
reviewed the specific use permit for the temporary batch plant of
the Dunnick Brothers. The property was currently zoned
agricultural.
Council Member Cott stated that because it was a highway, was there
a combination of the Lindsey Street issue which was the highest and
best use of the hotel and the Dallas Tinsel Town issue.
Robbins stated that the highest and best use was not one of the
criteria usually used to evaluate. It was not related to Tinsel
Town as they had an existing planned development situation on the
property. There was no pre-existing zbning.
Ron Schertz stated that he was closest neighbor to the property.
He objected to the proposal but if it went commercial he would like
to see more restrictions on the property. He had multiple
sclerosis and knew of the effect on his health of certain types of
development.
Buck Schertz stated that he was concerned about the water situation
in the area. His well went dry when the Dunnick Brothers went into
the area. He was concerned about the future of his water supply.
chris Gillum stated that his property was across the street from
the proposal. The Sanger School District owned property north of
this area. Mr. Rosenberg of the Sanger School District stated that
he was opposed to the commercial zoning and would appreciate it if
the zoning remained agricultural. In the future the Sanger School
District would be building a school on the site. He felt the area
was a prime location for residential zoninq. The proposal was a
way to get to the back acres of the Rector property for commercial
zoning. The best usage of the land was for residential purposes.
Sharon Gillum stated that she had been told that her comments would
not be considered as she did not live in the city limits. This
item had b~n on ~h~ PLanning and Zoning Commission agenda four
times. The neighbors had invested much time and energy to oppose
this proposal. The list of permitted uses was very generous. If
the request was approved, a planned development detail would not be
City of Denton city Council Minutes
May 7, 1996
Page l0
required as requested by the Planning and Zoning Commission. The
current zoning required specific use permits for most of the less
desirable uses. The property was closer to Sanger than Denton and
was outside Denton's planned developmen~ area. She presented a
petition to the Council of those who were opposed to the proposal.
If the proposal was approved, she requested that the list of
permitted uses be changed to delete a hauling and storage company,
a gas service station or convenience store, a paint shop, a
commercial parking lot, fairgrounds, a public playfield, a water
treatment plant, an airport landing field, a temporary field or
construction office, and a home for the care of
alcoholic/narcotics/psychiatric patients. The property might be on
I35 but it was a neighborhood on all sides. Not every piece of
property on I35 needed to be commercial. The proposal started with
the entire 26 acres but was reduced due to the potential of the 20%
rule.
The Mayor closed the public hearing.
Council Member Miller asked what the metal building on the property
was being used for and how did the agricultural zoning impact that.
Robbins replied that it could be used for a barn for a ranch but
could not be used for any of the commercial or retail purposes
which might be approved with the proposed zoning.
Mayor Castleberry stated that he overlooked giving the petitioner
a five minute rebuttal. He reopened the public hearing for that
rebuttal.
Rayner stated that the existing eyesores mentioned were eliminated
on the permitted uses list. The owners of the land wanted to talk
with the neighbors and comply with City requirements. At the
November meeting, platting was not an issue. There were questions
from the Planning and Zoning Commission which could not be answered
at that meeting such as fire protection, police protection. That
was the reason why, at this particular Planning and zoning meeting,
a plat was presented so that those questions could be answered.
Once they answered and satisfied the Commissioners questions and
concerns of the November meeting, the proposal was approved.
Specific use permits were allowed but would have to go through the
same process as other uses. The owners of the land wanted to use
the land in an effective way for the market as the market was
coming.
The Mayor closed the public hearing.
Mayor Pro Tem B~les s%a%ed %ha% on %he list of uses, thos~ items
crossed off were eliminated and were the ones eliminated by the
Planning and Zoning Commission.
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City of Denton City Council Minutes
May 7, 1996
Page 11
Rayner replied correct that the owners started with the City staff
to delete uses and then went to the Planning and Zoning Commission.
Mayor Pro Tem Biles asked what was between Rector Road and the
proposal.
Rayner replied a field.
Mayor Pro Tem Biles asked if the water issue had been addressed.
There had been discussion of well water dropping, a problem with
hydrants and accessibility of water.
Rayner stated that that had been addressed at the Development
Review Committee meetings. If not, the proposal would not have
gone this far.
Mayor Castleberry stated that this case was not similar to the
Lindsey Street property as this property was in the center of
residential property on three sides. The proposal was in the
center of an area which was actually rural residential. There were
no businesses close to the proposal. This was a rural residential
area.
Council Member Cott asked if the owners would sell the property to
the neighbors.
Rayner stated that if an offer was presented, he would present it
to the Rectors.
Miller motioned, Krueger seconded to deny the request.
Council Member Miller stated that not all property along an
interstate was necessarily commercial property. He was convinced
that this was a rural area. The infrastructure did not support
commercial use at this point. It would stretch the police and fire
protection to the point that the city was not prepared to handle at
this point in time. At this point in time, it was not the
appropriate use to rezone this as commercial.
Council Member Krueger stated that the highway overpass was almost
ground level. He did not know why the property was in the City
l~mi%s of Dent~n and felt that the City limits should go not out
that far. He suggested looking at something to delete this from
the City limits.
Council Member Young agreed with the denial. When neighbors
objected, he would be voting with the people.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
carried with a 5-2 vote.
City of Denton City Council Minutes
May 7, 1996
Page 12
Mayor Castleberry stated that the bond company was ready to verify
the bids on the bonds.
David Medanich, First Southwest Company~ stated that all of the
bids had been checked. The bid of 5.9352% for the Utility System
Revenue Bonds by First Southwest Company was correct. The bid of
6.0811% for the Utility System Revenue Refunding Bonds by First
Southwest Company was correct. The bid of 5.822087% for the
Certificates of Obligation by First Southwest Company was correct
and the bid of 5.9286% for the General Obligation Bonds by First
Southwest Company was correct. All of the bidding parameters were
done correctly.
Council Member Cott again questioned the number of bidders for the
bonds and requested a report as to why the number was so low.
Medanich stated that he would research the issue but there were
four issues selling at the same time. One was a fairly large issue
with the City overall receiving eleven bids which was a large
number of bids. Some firms were selective on what they wanted to
bid on and sometimes the larger issues were easier to market.
B. The Council held a public hearing and considered adoption
of an ordinance approving a detailed plan of 10.0 acres within
Planned Development No. 42. The site was located approximately
1,800 feet north of Treatment Plant Road, near the east side of
Mayhill Road. (The Planning and Zoning Commission recommended
approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
this detailed plan was for an antenna tower and a light industrial
planned development. That was the only use which would be allowed
for the property. The antenna would not interfere with cable
television in the area.
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. 96-103
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
85-59 BY APPROVING A DETAIL PLAN FOR A 10.00 ACRE TRACT OF
~AND WITHIN THE PLANNED D~V~LOPM~N~ 42 (PD4~) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, LOCATED NEAR THE EAST SIDE
OF MAYHILL ROAD, APPROXIMATELY 1,800 FEET NORTH OF TREATMENT
PLANT ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
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City of Denton City Council Minutes
May 7, 1996
Page 13
$2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE
DATE.
Biles motioned, Young 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.
9. Variances
A. The Council considered a variance to Section 34-114 (17)
[sidewalks] of the Code of Ordinances and a variance to Section 34-
116 (e) [fire flow] for the proposed Wier Acres Addition, located
on the north side of Jim christal Road, east of Masch Branch Road.
(The Planning and Zoning Commission recommended approval 6-0.)
Frank Robbins, Director for Planning and Development, stated that
these were two variances for two 1.88 acres lots on Jim christal
Road. The standards which would have to be met without the
variances were excessive for the size of the lots outside the City
limits.
Brock motioned, Young seconded to approve the variances. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
10. Consent Agenda
Brock motioned, Biles seconded to approve 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.
ae
Bids and Purchase Orders:
2.
3.
4.
Bid #1886 - Pressure Washer/Vacuum Truck
Bid #1894 - Triple-Gang Flail Mower
Bid #1890 - Willowwood Street Sidewalk
Check Requisition - Texas Natural
Conservation Commission
Resources
B. Tax Refunds
1. Prudential Home Mortgage Company - $1,599.05
11. Consent Agenda Ordinances
Biles motioned, Brock seconded to adopt the Consent Agenda
ordinances llA-11C. On roll vote, Miller "aye", Young "aye", Cott
"aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
City of Denton City Council Minutes
May 7, 1996
Page 14
363
Castleberry "aye". Motion carried unanimously.
A. NO. 96-104
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 #1886, 7.A.2. -
Bid #1894)
B. NO. 96-105
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 #1890)
C. NO. 96-106
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY
FOR PERMIT FEES TO TEXAS NATURAL RESOURCES CONSERVATION
COMMISSION (TNRCC); AND PROVIDING AN EFFECTIVE DATE. (7.A.4.)
12. Ordinances
A. The Council considered adoption of an ordinance
authorizing the issuance, sale, and delivery of City of Denton
Utility System Revenue Bonds, Series 1996 and city of Denton
Utility System Revenue Refunding Bonds, Series 1996A, and approving
and authorizing instruments and procedures relating thereto.
The following ordinance was considered:
NO. 96-107
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1996 AND
CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES
1996AAND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance.
Council Member Krueger questioned whether the Utility System
Revenue Refunding bonds were voted on by the citizens of Denton.
Ka%hy DuBose, Execu%ive D£rec%or for Pinance, mtated no that tho~e
bonds were to refinance Corps of Engineer debt on Lake Ray Roberts.
This was refinancing debt which had already been agreed on with the
Corps of Engineers.
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City of Denton City Council Minutes
May 7, 1996
Page 15
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
B. The Council considered adoption of an ordinance
authorizing the issuance, sale, and delivery of city of Denton
General Obligation Bonds, Series 1996, levying the tax to pay same,
and approving and authorizing instruments and procedures relating
thereto.
The following ordinance was considered:
NO. 96-108
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1996, LEVYING
THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS
AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE
DATE.
Biles motioned, Young seconded to adopt the ordinance.
Council Member Krueger stated that these bonds were approved bythe
voters of Denton.
Kathy DuBose, Executive Director for Finance, stated that the
general obligation bonds were the first year of the five year CIP
plan which went to the voters in February and were approved.
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
authorizing the issuance, sale, and delivery of City of Denton
Certificates of Obligation, Series 1996, and approving and
authorizing instruments and procedures relating thereto.
The following ordinance was considered:
NO. 96-109
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1996, AND
APPROVING AND AUTHORIZING INSTRUMENTSAND PROCEDURES RELATING
THERETO; AND PROVIDING AN EFFECTIVE DATE.
Bil~ m~ioned, Young seconded to adopt the ordinance.
Council Member Krueger stated that these certificates of obligation
were not approved by the voters.
City of Denton City Council Minutes
May 7, 1996
Page 16
365
Kathy DuBose, Executive Director for Finance, stated that these
certificates of obligation were not approved by the voters. The
$190,000 represented was recommended by the CIP Committee. The $5
million was for the sanitation fund for landfill improvements.
That had pledged the revenues of that fund with a cross pledge of
the tax dollars.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
D. The Council considered adoption of an ordinance
authorizing the City Manager to execute a contract between the City
of Denton and Jack A. Dobbs and Janice M. Dobbs for the purchase of
real property in accordance with the Capital Improvements Program
for drainage.
Rick Svehla, Deputy City Manager, stated that the Dobbs' had agreed
to sell their home at the corner of Panhandle and Alice as it was
in the floodway.
The following ordinance was considered:
NO. 96-110
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND JACK
A. DOBBS AND JANICE M. DOBBS FOR THE PURCHASE OF REAL PROPERTY
IN ACCORDANCE WITH THE CAPITAL IMPROVEMENT PROGRAM FOR
DRAINAGE; AUTHORIZING THE EXPENDITURE OF FUNDS; 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.
E. The Council considered adoption of an ordinance amending
Ordinances 94-37A and 96-059 by approving a corrected legal
description applicable to both.
Frank Robbins, Director of Planning and Development, stated that
this ordinance would correct a legal description which was in
error. The property was zoned but the legal description which came
from a previous legal description in a previous zoning case was in
error. When the property was platted and surveyed, the error was
discovered.
The following ordinance was considered:
366
city of Denton City Council Minutes
May 7, 1996
Page 17
NO. 96-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES
94-037AAND 96-059, BY APPROVING A CORRECTED LEGAL DESCRIPTION
APPLICABLE TO BOTH; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
F. The Council considered adoption of an ordinance
authorizing the Mayor to execute an agreement with the North Texas
Education and Training Co-op., Inc. to provide a Summer Youth
Program.
Tom Klinck, Director for Human Resources, stated that at the
Council's February 24th meeting, the summer youth program was
discussed which the City had participated in for many years. At
that time it was anticipated that JTPA funding would not be
approved in the Federal budget. Staff researched funding to
accommodate that in the current year budget and to use the current
contractor, the North Texas Education and Training Co-op to
administer the program for the City and provide the same program as
last summer. That program would include 40 youth at 80 hours per
week for 10 weeks. The estimated cost was $94,760. Subsequent to
working out that agreement with the Co-op, the approved Federal
budget included approximately 70% funding. Staff was recommending
that the Council authorize the Mayor to execute an agreement with
the Co-op which would include a provision that the city would only
fund the difference betwe.en the full 10 week program and those
funds which were included in the Federal budget. The estimated
cost at this point in time would be $28,428 of which half would be
paid from the utility funds and half from the general fund.
The following ordinance was considered:
NO. 96-112
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON,
TEXAS TO EXECUTE A CONTRACT FOR SERVICES WITH NORTH TEXAS
EDUCATION & TRAINING CO-OP, INC.; AUTHORIZING THE EXPENDITURE
OF FUNDS IN AN AMOUNT NOT TO EXCEED $94,760; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock
"aye", Bile~ "aye", and May~r Ca~tl~berry "aye". Motion carried
with a 6-1 vote.
G. The Council considered adoption of an ordinance amending
City of Denton city Council Minutes
May 7, 1996
Page 18
the schedules of electric rates contained in Ordinance Number 95-
178 by repealing the Thermal Storage Incentive (Schedule TS).
(The Public Utilities Board recommended approval.)
Bob Nelson, Executive Director for Utilities, stated that for
several years the city had a rate known as the thermal storage rate
which was a rate to give incentives to large industrial customers
to shift some of their electrical load from the peak loads to off-
peak loads. That rate was no longer economical due to the rate
structure from the wholesale supplier. The Public Utilities Board
recommended to discontinue the rate.
The following ordinance was considered:
NO. 96-113
AN ORDINANCE AMENDING THE SCHEDULES OF ELECTRIC RATES
CONTAINED IN ORDINANCE NUMBER 95-178 BY REPEALING THE THERMAL
STORAGE INCENTIVE (SCHEDULE TS); PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING 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.
H. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the Texas
Department of Transportation for contribution of funds toward the
replacement of the bridge on North Hickory Creek at Jim christal
Road; and authorizing the expenditure of funds.
Rick Svehla, Deputy City Manager, stated that these two ordinances
were contracts with the Texas Department of Transportation to do
bridge design on two bridges on Jim Christal Road. By having the
Department of Transportation do this work, the City would spend
less money.
The following ordinance was considered:
NO. 96-114
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
CONTRIBUTION OF FUNDS TOWARD THE REPLACEMENT OF THE BRIDGE ON
NORTH HICKORY CREEK AT JIM CHRISTAL ROAD; AUTHORIZING THE
EXPENDITUR~ OP PUND~; 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
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City of Denton city Council Minutes
May 7, 1996
Page 19
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
I. The Council considered adoption of an ordinance
authorizing the City Manager to execute an agreement with the Texas
Department of Transportation for contribution of funds toward the
replacement of the bridge on Dry Fork Creek at Jim Christal Road;
and authorizing the expenditure of funds.
The following ordinance was considered:
NO. 96-115
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR
CONTRIBUTION OF FUNDS TOWARD THE REPLACEMENT OF THE BRIDGE ON
DRY FORK CREEK AT JIM CHRISTAL ROAD; AUTHORIZING THE
EXPENDITURE OF FUNDS; 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.
13. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to amend city policies to provide for
a model of employment at will with respect to all employees, other
than those governed by Chapter 143 of the Texas Local Government
Code; authorizing the City Manager to offer severance packages to
new hires and incumbents in key positions at the director level and
above, and to expend funds as necessary in support of same; and
approving redrafts of Policies 1.00 and 104.02.
Herb Prouty, City Attorney, stated that this was the same
resolution with changes per the outside consultant. The resolution
directed the City Manager, within the next six months, to modify
the personnel policies to implement a model of employment at-will.
The at-will would take effect immediately for all new hires and
would take effect in six months for all current employees with the
exception of Civil Service employees. Within the six month period,
the city Manager could offer any employee whom the City Manager
would decide to remove without cause, the option to stay for an
additional six months or accept a severance package not to exceed
180 days pay. It had been suggested to change that to only apply
to employees at the director level or above. From a legal
standpoint it would be a better position to apply that policy to
all employees. The employee who was offered the severance package
or the option to stay would then have to sign a release waiving any
claims that the employee might have as a result of the termination.
City of Denton City Council Minutes
May 7, 1996
Page 20
The other provision discussed was one which was a recruitment tool
to allow the city Manager to offer to current employees, at the
director level and above, the option of an employment agreement
which would include a severance package similar to one the Council
had with those employees it directly hired. That would be
available for both current employees and as a recruitment tool for
new employees. The only other change was to delete the expenditure
of funds provision as a resolution did not usually authorize the
expenditure of funds. In the event that a termination occurred
without cause, there was authorization through the City Manger,
under the City code, to expend budgeted funds up to $15,000. If
that was not enough to cover the difference for a terminated
employee or as a recruitment tool, a separate ordinance could be
enacted either as a general basis or as needed by employee. One
additional reason for for-cause termination was added which was the
sexual harassment policy. It was not intended to administer this
policy any different from the current policy. There was no
anticipation that there would be a change as the City had had good
success with the previous personnel policy.
The following resolution was considered:
NO. R96-022
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO AMEND CITY POLICIES TO PROVIDE FOR A MODEL OF
EMPLOYMENT AT WILL WITH RESPECT TO ALL EMPLOYEES, OTHER THAN
THOSE GOVERNED BY CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT
CODE; AUTHORIZING THE CITY MANAGER TO OFFER SEVERANCE PACKAGES
TO NEW HIRES AND INCUMBENTS IN KEY POSITIONS AT THE DIRECTOR
LEVEL AND ABOVE AND TO EXPEND FUNDS AS NECESSARY IN SUPPORT OF
SAME; APPROVING REDRAFTS OF POLICIES 1.00 AMD 104.02; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolution.
Miller motioned, Cott seconded to amendthe motion. Council Member
Miller stated that he agreed with the policy but did not agree with
Section 3 which provided for employment agreements at any level.
To single out directors and above was unnecessary. If for-cause
termination was done, the City Manager and his subordinates had the
authority to make arrangements which were fair at the time. He
motioned to strike Section 3 from the resolution and caption.
On roll vote for the amendment, Miller "aye", Young "nay", Cott
"aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor
Castleberry "nay". Motion failed with a 3-4 vote.
On roll vote on original motion to approve, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
369
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City of Denton City Council Minutes
May 7, 1996
Page 21
14. The Council considered nomination/appointment to the
Development Policy Committee and the Keep Denton Beautiful Board.
Mayor Castleberry indicated that he did not have an appointment to
the Development Policy Committee.
Council Member Brock nominated Gayla Robles to the Keep Denton
Beautiful Board.
15. The Council considered adoption of an ordinance canvassing the
returns and declaring the results of the regular municipal election
held in the City of Denton on May 4, 1996.
City Secretary Jennifer Walters read the results of the election.
The following ordinance was considered:
NO. 96-116
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS
OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON
ON MAY 4, 1996; AND PROVIDING AN EFFECTIVE DATE.
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.
16. Oath of Office administered to newly elected Council Members.
City Secretary Jennifer Walters administered the oath of office to
Roni Beasley, Place 5; Euline Brock, Place 6; and Jack Miller,
Place 7.
Council considered Item #18.
18. The Council considered approval of a resolution
appreciation for Bob Castleberry.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR BOB CASTLEBERRY
On roll vote, Beasley "aye", Brock "aye", Cott "aye",
"aye", Young "aye", Biles "aye", and Mayor Miller "aye".
carried unanimously.
Council returned to the regular agenda order.
17. Election of a Mayor Pro Tempore.
of
Krueger
Motion
City of Denton city Council Minutes
May 7, 1996
Page 22
Council Member Cott nominated Euline Brock.
Council Member Young nominated David Biles.
On roll vote for Brock, Beasley "aye", Brock "aye", Cott "aye",
Krueger "nay", Young "nay", Biles "aye", and Mayor Miller "aye".
Motion carried with a 5-2 vote.
On roll vote for Biles, Beasley "nay", Brock "nay", Cott "nay",
Krueger "aye", Young "aye", Biles "nay", and Mayor Miller "nay".
Motion carried failed with a 2-5 vote.
19. Miscellaneous matters from the city Manager.
A. The Council received a report concerning latest honorees
added to the Wall of Honor.
Ted Benavides, city Manager, indicated that the latest additions to
the Wall of Honor were now posted.
20. There was no official action taken on Closed Meeting Items
discussed in the earlier Closed Meeting.
21. New Business
The following items were suggested by Council Members for future
agendas:
A. Council Member Young expressed a concern about the
railroad tracks on Prairie Street as they were very difficult to
cross.
22. The' Council did not meet in a continuation of the Closed
Meeting.
With no further business, the meeting was adjourned at 10:00 p.m.
NNI~R WALTERS
TY 'SECRETARY
CITY OF DENTON, TEXAS
371
ACC0030A