Minutes July 16, 1996 CITY OF DENTON CITY COUNCIL MINUTES
July 16, 1996
The Council convened into a Closed Meeting on Tuesday, July 16,
1996 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT~ Mayor Miller~ Mayor Pro Tem Brock~ Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered and discussed defense of ~
~nc.. et al v. Citv of Denton and Webber and Barnes
v, City of Denton pending in th~ 362nd District
Court under Section 551.071 of the Open Meetings
Act.
2. CQhaaen. et al v. City. Considered further
settlement negotiations with Plaintiff's and final
settlement authority in this case.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
1. Discussed obtaining 0.069 acres of land for
drainage improvements or other real property
interest in the J.W. Cheek, Abstract No. 324.
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
The council convened into a Regular Meeting on Tuesday, July 16,
1996 at'7=00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller~ Mayor Pro Tem Brock~ Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the Texas and U. S. Flags.
2.. Resolutions of Appreciation
A. The Council considered approval of a resolution of
appreciation for Jerry Bellar.
The following resolution of appreciation was considered:
RESOLUTION OF APPRECIATION FOR JERRY BELLAR
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City of Denton city Council Minutes
July 16, 1996
Page 2
Krueger motioned, Brock seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
Mayor Miller presented a proclamation for Fred Douglas/Fred Moore
Days.
3. Citizen Requests
A. The Council considered a request for an exemption to the
noise ordinance from Igloo's, 112 Eagle Drive, for a Bikini Contest
on Sunday, August 4, from 2:00-5:00 p.m.
Veronica Rolen, Administrative Assistant, stated that a request had
been received for an exception for amplified sound for a bikini
contest on August 4, 1996. The Council granted a similar request
on June 4, 1996 but the event was postponed to allow for more
advertising. In addition to the noise exception, a temporary use
permit had to be obtained in order to hold this type of event in a
commercial zoned area.
Council Member Cott felt that this was not the kind of family
program the Council would want to endorse.
Council'Member Young had a problem with having this type of event
on a Sunday as there were churches in the area.
Robin Selman, representing Igloo's stated that the contest had to
be held on a Sunday as the other businesses in the area were using
the parking lot on Saturday.
Krueger motioned, Biles seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young
"nay", Biles "aye", and Mayor Miller "aye". Motion carried with a
5-2 vote.
B. The Council considered a request for an exemption to the
noise ordinance from Marathon Builders to pour concrete on four
occasions during the month of July at U-Haul, 164 N. 1-35 East,
starting at 4:30 a.m.
Veronica Rolen, Administrative Assistant, stated that this request
was from Harry Chapman to complete concrete work at this location.
In September 1995 Council amended the noise ordinance to provide
for the erection, demolition, alteration or repair work on any
building from June 1-September 30 from 6:00 a.m. - 8:30 p.m. Monday
through Friday. Mr. Chapman was requesting Council allow him to
begin work at 4:30 a.m. As of today, the builders were requesting
an exception for a 30 day period. The builders had received a
citation from the Police Department on June 28th for a noise
City of Denton City Council Minutes
July 16, 1996
Page 3
violation. Since that time they had followed City ordinances but
were behind in their pouring of the concrete.
council Member Krueger asked if specific reasons were given for the
requested early start time. The current ordinance set the limits
on that type of construction.
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Rolen stated that the builders indicated that because they were
behind, they needed to start at 4:30 a.m. in order for the job to
set and to be able to continue later in the day.
Council Member Krueger asked if this was basically a retail
location or were there residents in the location.
Rolen replied that there were some trailers in the area but the
noise should not impact anyone. The builders indicated that they
would pour as close to the weekend as possible.
Council Member Young stated that the builders would want to start
pouring' early to beat the heat and be able to send the crews home-
around early afternoon.
council Member Krueger stated that he was reluctant to grant the
exception as there was no verification of the neighborhoods in the
area.
Young motioned to approve the exception.
Rick SvehIa, Deputy City Manager,
behind the site on Meadow Street.
between the two areas.
stated that the trailers were
There was a grade separation
Motion died for lack of a second.
Biles motioned, Young seconded for a 5:00 a.m. start rather than a
4:30 a.m. start.
on roll vote, Beasley "nay", Brock "nay", Cott "nay",
"nay", Young "aye", Biles "aye", and Mayor Miller "nay".
failed with a 2-5 vote.
Krueger
Motion
Council Member Krueger asked for additional information such as the
types of equipment which were going to be used, the distance to the
homes, etc. and to place the item on the July 23rd agenda.
4. Citizen Reports
A. The Council received a citizen report from Carol Ganzer
regarding the North Texas State Fair.
City of Denton City Council Minutes
July 16, 1996
Page 4
Carol Ganzer stated that the North Texas StateFair would this year
be dedicated to the memory of Bob Powers who died during the Fair
last year. She relayed the sights, sounds and smells of the Fair
which would be held August 16-24. She invited the Council to ride
in the Fair parade.
5. Public Hearings
A. The Council held a public hearing and considered an
ordinance and detail plan rezoning 4.104 acres from the Single
Family 7 (SF-7) zoning district and the Multi-Family 2 (MF-2)
zoning district to a Planned Development (PD) zoning district. The
subject property was located on the west side of Highland Park
Road, just north of Westridge. (The Planning & Zoning Commission
recommended approval 4-1.)
Council Member Brock stated that she lived within 200 feet of the
property and would not begin participating in the discussion and
would not vote on this item.
Frank Robbins, Director for Planning and.Development, stated that
this proposal was for a rezoning from SF-7 to PD for detached
dwelling units. The planned development was proposed due to the
design of the proposal. A private street would be maintained by
the individuals in the area with the width of the pavement being 28
feet as opposed to the standard of 30 feet. There would be no
sidewalks on the internal street but would be built along Highland
Park Road. A large number of trees would be protecte~ and the
applicant would save a number of trees on Treemont Circle. There
was a large lot in front of the development and across the street
there would be an open space which was heavily treed. There were
25 notices mailed with one returned in favor and 3 in opposition.
Two reply forms were returned today with opposition withdrawn in
writing. Without the withdrawal letters, the applicant would be
facing a 50% opposition. With the withdrawal letter from the
University of North Texas and from the homeowner south of the
development, the 20% rule was not in effect. The Planning and
Zoning Commission recommended approval and all of the polices of
the Denton Development Plan were met.
The Mayor opened the public hearing.
Brian Burke stated the developers had a Similar project on Highland
Park Circle and that this proposal had a similar design with a
private feel and look. These would be small lots which would save
as many trees as possible. The design of the street layout had been
changed in order to save a stand of trees. A planned development
with a private street was proposed in order to allow for a sharper
turn radius in the street than normal in order to save the trees.
The street would be three feet narrower than standard. The
developers invited neighbors within 200 feet of the project to a
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July 16, 1996
Page 5
meeting in early June. Ten neighbors attended the meeting who
expressed some concerns about traffic on Highland Park Road. The
current traffic count was not heavy now and the proposal would
generate traffic less than the standard 60 vehicle trips per day
for a SF-7 zoning district. Another concern was surface runoff.
The developers had done a detailed investigation of this concern
and worked with the University of North Texas and a neighbor. They
were concerned about the aggravation of the drainage situation as
a result of an increase i~ the impervious surface area. The
developer and the University had agreed to a joint venture
solution. There were concerns about drainage in other areas such
as at the end of the street. Runoff would be directed away from
the current development. Another concern was sanitary sewage which
would be addressed during the platting process.
Jim Strange stated that he was in favor of the proposal and felt it
was the best plan for that piece of property. The proposal was
environmentally friendly to the site with a better curve of the
hill and drainage. 'There was some opposition in the beginning but
through cooperation with the neighbors they were able to work out
the concerns. He asked for approval of the proposal.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-155
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO A PLANNED DEVELOPMENT
(PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY
APPROVING A DETAIL PLAN FORTHAT PLANNED DEVELOPMENT FOR 4.104
ACRES OF LAND LOCATED ON THE WEST SIDE OF HIGHLAND PARK ROAD,
JUST NORTH OFWESTHIDGE STREET; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Krueger seconded to adopt the ordinance.
Mayor Miller asked that as the street would be a private street and
not city dedicated street, would there be future liability for the
City.
Robbins stated that when the property was platted there would be a
homeowners association agreement.with two provisions. One would be
that the association would have to be established which would
require them to perpetually maintain the street. The second would
indemnify the city. There would not be a liability issue for the
City of Denton City Council Minutes
July 16, 1996
Page 6
city.
On roll vote,
"aye", Biles
unanimously.
Beasley "aye", Cott "aye", Krueger "aye", Young
"aye", and Mayor Miller "aye". Motion carried
B. The Council held a public hearing and considered an
ordinance to rezone 4.5872 acres from the Light Industrial (LI)
zoning district to the Multi-Family i (MF-1) zoning district. The
subject property was located on the north side of Londonderry Lane,
approximately 293 feet east of Sam Bass Boulevard, and was more
commonly known as the Salem Ri4ge Apartments. (The Planning &
Zoning Commission recommended approval 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this was zoning for an existing use. When the apartments were
built, they were allowed in a Light Industrial use but were not
allowed att his time. This was a refinancing situation for zoning
for the existing use.
Council Member Cott left the meeting.
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. 96-156
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY 1 (MF-
1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
4.5872 ACRES OF LAND LOCATED ON THE NORTH SIDE OF LONDONDERRY
LANE, APPROXIMATELY 293 FEET EAST OF SAM BASS BOULEVARD;
PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
C. The Council held a public hearing and considered an
ordinance to rezone a 1.031 acre tract from the Multi Family I (MF-
1) zoning district to the Office conditioned (O[c]) zoning
district. The subject property was located on the southeast corner
of McKinney Street and Woodrow Lane. (The Planning & Zoning
Commission recommended approval 5-0.)
City of Denton City Council Minutes
July 16, 1996
Page 7
Frank Robbins, Director for Planning and Development, stated that
this was a rezoning in an area where there had been several
rezoning as a result of the County's work with the Criminal Justice
facility. This was for another office condition with the only
condition being that there would not be a lighting problem created
for the adjacent residential property. The proposal met all of the
policies of the Denton Development Plan.
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. 96-157
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED
(O[c])ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
1.031 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF
MCKINNEY AND WOODROW STREETS; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
Young motioned to adopt the ordinance.
Mayor Pro Tem Brock asked if this was simply using a structure that
was currently on the property.
Robbins stated that it was anticipated that that was what was going
to happen initially. With this zoning there was no condition that
that was the only use or structure which could be used. The
building could be demolished and a new building erected.
Krueger seconded the motion. On roll vote, Beasley "aye", Brock
"aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and
Mayor Miller "aye". Motion carried unanimously.
Item 5.E. was considered.
E. The Council held a public hearing and considered an
ordinance to rezone approximately . 15 acres from the General Retail
(GR) zoning district to the Multi Family Restricted (MF-R[c])
zoning district with conditions. The subject property was located
approximately forty-five (45) feet south of Prairie, on Maddox
Street. (The Planning & Zoning Commission recommended approval 5-
0.)
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City of Denton City Council Minutes
July 16, 1996
Page 8
Frank Robbins, Director for Planning and Development, stated that
this was a zoning case which was to some degree a city initiated
zoning case. The applicant was requesting zoning for multifamily
with a highly conditioned proposal. The proposal would only allow
three units on the site. Lot one would remain general retail.
There was a structure on the property with only 3 units. There was
a neighborhood meeting with no opposition expressed at the meeting.
All policies of the Denton Development Plan were met.
The Mayor opened the public hearing.
Nell Lights thanked the Council for their consideration.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-159
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY
RESTRICTED (MF-R[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A PORTION OF LOT i AND ALL OF LOT 2, BLOCK 3
OF THE MOORE'S ADDITION, LOCATED ON MADDOX STREET,
APPROXIMATELY FORTY-FIVE FEET SOUTH OF PRAIRIE STREET;
PROVIDING FOR A PENALTY IN THEMAXIMUMAMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cott motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
D. The Council held a public hearing and considered an
ordinance to rezone a 2.0425 acre tract from the Agricultural (A)
and Multi-Family Restricted (MF-R) zoning districts to the Multi-
Family i (MF-1) zoning district. The subject property was located
on the west side of Joyce Lane, north of Gardenview and was also
known as Phase Two, Lot One, in the KingswoodApartments Addition.
(The Planning & Zoning Commission recommended approval 5-0.)
Frank Robbins, Director for Planning and Development, stated that
this proposal was a Planning and Zoning initiated case as a
consequence of the GIS mapping. An error had been discovered in
the mets and bounds description causing the zoning to be incorrect.
This proposal would correct that situation.
The Mayor opened the public hearing.
No one spoke during the public hearing.
City of Denton City Council Minutes
July 16, 1996
Page 9
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The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-158
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) AND MULTI-FAMILY RESTRICTED
(MF-R) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO
THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATIONAND
USE DESIGNATION FOR 2.0425 ACRES OF LAND LOCATED ON THE WEST
SIDE OF JOYCE LANE, NORTH OF GARDENVIEW; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye".. Motion carried
unanimously.
F. The Council held a public hearing and considered an
ordinance adopting the 1994 Uniform Mechanical Code, as amended.
(The Plumbing & Mechanical Code Board recommended approval 5-0.)
Robbie Baughman, Assistant Building Official, stated that the
Uniform Mechanical Code governed the installation of heating and
air conditioning equipment, mechanical systems, ventilation and
duct systems and various gas-fired appliances. One of the goals of
the Plumbing and Mechanical Code Board was to reduce the number of
amendments to the present code. The 1985 code was presently being
used. At the same time, the Board wanted to localize the code to
Denton and the practices which were done here. There were no fee
increases proposed at this point in time.
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. 96-160
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 28,
SECTIONS 251 AND 252 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; ADOPTING THE 1994 UNIFORM MECHANICAL CODE WITH
CERTAIN AMENDMENTS, DELETIONS, AND ADDITIONS THERETO;
PROVIDING FOR A SEVERABILITY CLAUSE AND REPEALING CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS; AND
PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
July 16, 1996
Page 10
Brock motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
6. Consent Agenda
Council Member Young left the meeting.
Brock motioned, Beasley seconded to approve the Consent Agenda as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
Bids and Purchase Orders:
1. Bid $1353.- Public Official Liability Insurance
2. RFSP $1896 - Medical Director of EMS
Be
Tax Refund
1. Considered approval of a tax refund to NationsBank
for Russell C. Sutton for $900.00.
7. Consent Agenda Ordinances
The Council considered the Consent Agenda ordinances 7.A. and 7.B.
Brock motioned, Beasley seconded to adopt the ordinances. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
A. NO. 96-161
AN ORDINANCE ACCEPTING THE PROPOSAL OF NATIONAL UNION FIRE
INSURANCE COMPANY FOR PUBLIC OFFICIAL LIABILITY INSURANCE
COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE. (6.A.1. - Bid $1353)
B. NO. 96-162
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT FOR MEDICAL DIRECTOR SERVICES BETWEEN THE CITY OF
DENTON ANDRANDY L. PARK, M.D.; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (6.A.2. -
RFSP $1896)
8. Ordinances
A. The Council considered adoption of an ordinance
authorizing the Mayor to execute an amended Municipal Maintenance
Agreement for State highways, between the City of Denton, Texas and
the State of Texas, acting through the Texas Department of
Transportation for a portion of McKinney Street.
City of Denton City Council Minutes
July 16, 1996
Page 11
11
Rick Svehla, Deputy City Manager, stated that Item 8.A. and 8.B.
were related. Item 8.A. amended the maintenance agreement with the
Highway Department in order for the City to build the road rather
than TxDot. The City could move faster than the State for this
building project. Item 8.B. approved an interlocal agreement with
the County for the project whereby the City would do the
engineering and inspection of the project. Some CIP drainage money
would be used from the 1986 bond issue as well as $300,000 of
County money to widen McKinney from Woodrow to Janie Street.
The following ordinance was considered:
NO. 96-163
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON,
TEXAS TO EXECUTE AN AMENDED MUNICIPAL MAINTENANCE
AGREEMENT FOR STATE HIGHWAYS, BETWEEN THE CITY OF DENTON,
TEXAS AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION; AND PROVIDING ANEFFECTIVE
DATE.
Beasley motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
B. The Council considere4 adoption of an ordinance
authorizing the Mayor to execute an Interlocal Cooperation
Agreement for Road Improvements between the City of Denton and
Denton County for improvements to McKinney Street.
The following ordinance was considered:
NO. 96-164
AN ORDINANCE AUTHORIZING THE MAYOR TO.EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT FOR ROAD IMPROVEMENTS BETWEEN THE CITY
OF DENTON AND DENTON COUNTY FOR IMPROVEMENTS TO MCKINNEY
STREET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
Krueger motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "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 a professional services
agreement between the city of Denton and the engineering firm of
Shimek, Jacobs & Finklea for the professional engineering services
incident to a hydraulic analysis and master plan report for the
water distribution system.
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City of Denton City Council Minutes
July 16, 1996
Page 12
Jerry Cosgrove, Engineering Administrator, stated that this was a
professional engineering services contract for an amount not to
exceed $30,000. The purpose of the contract was to replace
existing software and update the model. At that time, the model
would also provide a graphical capability which presently could not
be done.
Council Member Young returned to the meeting.
The following ordinance was considered:
NO. 96-165
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DENTON ANDTHE ENGINEERING FIRM OF SHIMEK, JACOBS
& FINKLEA FOR THE PROFESSIONAL ENGINEERING SERVICES INCIDENT
TO A HYDRAULIC ANALYSIS AND MASTER PLAN REPORT FOR THE, WATER
DISTRIBUTION SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance amending
Section 6-5 of the Code of ordinances of the city of Denton to
expand the number of members on the Animal Shelter Advisory
Committee from five to seven members.
City Attorney Prouty stated that Items 8.D, 8.E, 8.F, and 8.G were
related in that they expanded the particular boards from five to
seven members.
Council Member Cott asked about the change to the Public Utilities
Board and the Parks and Recreation Board which required four people
to approve nominations and appointments.
Prouty stated that in the past individual Council Members nominated
members to those boards rather than the whole Council. That would
be the only change.
Council Member Cott asked why four individuals were needed for
approval.
Prouty stated that that was the standard rule that a majority of
the Council, or four out of seven members, would approve a
nomination.
City of Denton City Council Minutes
July 16, 1996
Page 13
Mayor Miller etated that these two boards where organized in the
Charter and the Council could not change the number of members.
Rather than have two Council Members left out of the process, the
entire Council would nominate members to these two boards and then
the entire Council would vote on those nominations.
The following ordinance was considered:
NO~ 96-166
AN ORDINANCEAMENDING SECTION 6-5 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON TO EXPAND THE NUMBER OF MEMBERS ON THE
ANIMAL SHELTER ADVISORY COMMITTEE FROM FIVE TO SEVEN;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
E~ The Council considered adoption of an ordinance amending.
Ordinance No. 82-09 to expand the number of members on the Data
Processing Advisory Board from five to seven members.
The following ordinance was considered:
NO. 96-167
AN ORDINANCEAMENDING ORDINANCE NO. 82-09 TO EXPAND THENUMBER
OF MEMBERS ON THE DATA PROCESSING BOARD FROM FIVE TO SEVEN;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance amending
Section 8-130 of the Code of Ordinances of the City of Denton to
expand the number of members of the Cable TV Advisory Board from
five to seven members and to reduce the terms of said members from
three to two years.
The following ordinance was considered:
NO. 96-168
AN ORDINANCE AMENDING SECTION 8-130 OF THE CODE OF ORDINANCE
OF THE CITY OF DENTON TO EXPAND THE NUMBER OF MEMBERS OF THE
CABLE TV ADVISORY BOARD FROM FIVE TO SEVEN MEMBERS AND TO
REDUCE THE TERMS OF SAID MEMBERS FROM THREE TO TWO YEARS;
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city of Denton City Council Minutes
July 16, 1996
Page 14
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
Brock motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
G. The Council considered adoption of an ordinance amending
Article III "Boards, Commissions and Committees" of Chapter 2
"ASministration" of the Code of Ordinances of the City of Denton by
adding Section 2-84 "Nominating and Appointing Members to Certain
Boards" to provide that both nominations and appointments to the
Public Utility Board and the Parks and Recreation Board will be by
an affirmative vote of four members of the City Council.
The following ordinance was considered:
NO. 96-169
AN ORDINANCE AMENDING ARTICLE III "BOARDS, COMMISSIONS AND
COMMITTEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON BY ADDING SECTION 2-84
"NOMINATING AND APPOINTING MEMBERS TO CERTAIN BOARDS" TO
PROVIDE THAT BOTH NOMINATIONS AND APPOINTMENTS TO THE PUBLIC
UTILITY BOARD AND THE PARKSAND RECREATION BOARD WILL BE BY AN
AFFIRMATIVE VOTE OF FOUR MEMBERS OF THE CITY COUNCIL;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
H. The Council considered adoption of an ordinance declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a fee simple
interest in 0.069 acres of land located in the J.W. Cheek Survey,
Abstract No. 324 owned by Sherwood M. Spencer, et al; authorizing
the City Manager or his designee to make an offer to purchase the
property for its fair market value and if such offer is refused,
authorizing the City Attorney to institute the necessary
proceedings in condemnation in order to acquire the property
necessary for the public purpose of acquiring such property for
drainage improvements associated with Walmart.
Rick Sv~hla, D~puty City Manager, stated that staff was requesting
approval to proceed with condemnation proceedings for this
property.
The following ordinance was considered:
City of Denton City Council Minutes
July 16, 1996
Page 15
15¸
NO. 96-170
AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A FEE SIMPLE INTEREST IN 0.069 ACRES OF LAND
LOCATED IN THE J.W. CHEEK SURVEY, ABSTRACT NO. 324, OWNED BY
SHERWOOD M. SPENCER, ET AL.; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO MAKEANOFFERTO PURCHASE THE PROPERTY FOR~ITS
FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING
THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN
CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR
THE PUBLIC PURPOSE OF ACQUIRING SUCH PROPERTY FOR DRAINAGE
IMPROVEMENTS ASSOCIATED WITH. WALMART; AND DECLARING AN
EFFECTIVE DATE.
Beasley motioned, Brock seconded to adopt the ordinance.
Council Member Krueger stated that the Council was not taking this
property. This was a tool to try and get off dead center on the
issue. The City would pay a fair and decent price for the
property.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
9. Resolutions
A. The Council considered approval of a resolution
appointing the Denton Fire Chief as the City of Denton's Emergency
Management Coordinator and delegating the Mayor's authority for
execution of his Emergency Management Director's duties to the
Denton Fire Chief.
Ross Chadwick, Fire Chief, stated that this resolution would
appoint the Fire Chief as Emergency Management Coordinator and
would assign those duties to the Fire Chief.
The following resolution was considered:
NO. R96-030
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPOINTING THE FIRE
CHIEF AS THE EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF
DENTON, TEXAS; AND DELEGATING DUTIES PURSUANT TO ORDINANCE.
Beasley motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
City of Denton City Council Minutes
July 16, 1996
Page 16
B. The Council considered approval of a resolution relating
to taxable borrowings by the North Texas Higher Education
Authority, Inc.
Kathryn Bryan, North Texas Higher Education Authority, Inc., stated
that as the Authority would be needing more and more taxable
financing and these were temporary vehicles to finance loans before
placed in tax-exempt financing, this resolution would allow the
Authority to proceed with the short term financing and would still
return to Council for any long-te~m financing requests.
Council Member Beasley stated that as these were student loans
which the City was not responsible in any way for money borrowed,
why did the Authority need City approval.
Bryan replied that State law indicated that the Authority had to
have a sponsoring City. The Authority was fortunate to have both
Denton and Arlington as sponsoring cities.
The following resolution was considered:
NO. R96-031
A RESOLUTION OF THE CITY COUNCIL OF THE ~ITY OF DENTON
RELATING TO TAXABLE BORROWINGS BY NORTH TEXAS HIGHER EDUCATION
AUTHORITY, INC.; APPROVING THE BORROWINGS AND THE USE OF THE
PROCEEDS OF SUCH BORROWINGS; MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the resolution. On'
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion Carried
unanimously.
C. The Council considered approval of a .resolution
dissolving the Juvenile Crime Interagency Coalition and
transferring its responsibility to the Juvenile Diversionary
Services of Denton, Inc. which will formulate and provide
recommendations to the City Council relating to the need for
additional coordination and resources to be contributed toward the
rehabilitation of juvenile offenders.
The following resolution was considered:
NO. R96-032
A RESOLUTION REPEALING RESOLUTION NO. R95-011 CREATING THE
JUVENILE CRIME INTERAGENCY COALITION; TO DISSOLVE AND
ELIMINATE THE COALITION, WHOSE FUNCTIONS WILL BE ASSUMED BY
THE JUVENILE DIVERSIONARY SERVICES OF DENTON, INC.; AND
PROVIDING FOR AN EFFECTIVE DATE.
City of Denton City Council Minutes
July 16, 1996
Page 17
17
Brock motioned, Krueger seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott '~aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
10. The Council considered nominations/appointments to the city's
Boards and Commissions.
The Council voted on the nominations from the previous meeting and
made nominations for other open positions to be voted on at the
next meeting. (See Attachment A)
11. Vision Update
council Member Beasley stated that there would be a meeting next
week and an update would be provided after that meeting.
12. Miscellaneous matters from the City Manager.
A. The Council received a report concerning the latest
honorees added to the Wall of Honor.
B. Customer Service - Harlan Jefferson, Director of Fiscal
Operations, stated that in response to Council Member Young's
question, staff reviewed the City's policy for payment extensions.
The City did offer two forms of payment extensions. The ordinance
allowed the City to offer payment extensions up to six months if
half of the outstanding balance was paid withthe other half being
deferred. That method was only used occasionally. The most common
extension was less than six months. Up until 1994 the extensions
were offered fairly consistently based onthe customer's situation
which allowed for multiple extensions during the course of a year.
In 1994, extensions were limited to one every 6 months. On the
other side, the Department was trying to collect what was due the
city in a timely manner.
Council Member Young stated that the City was not going to
discontinue the payment extension policy.
Jefferson replied that there were no plans to phase out that
policy. The policy was in an ordinance and Council approval would
be needed in order to discontinue the service.
Council Member Young asked about a letter to the newspaper
regarding treatment from Customer Service.
City Manager Benavides stated that staff was trying to be
responsive to the questions of Council. There were ways that the
Departments had to check themselves and would always be responsive
to citizen concerns.
18
City of Denton City Council Minutes
July 16, 1996
Page 18
13. There was no official action taken on Closed Meeting items.
14. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young suggested a work session item
regarding Oakwood Cemetery and.whether the City wanted to continue
in that business.
B. Mayor Pro Tem Brock suggested that the Council consider
changing the name of the Data Processing Advisory Board.
C. Mayor Pro Tem Brock indicated that it was time for
Council to clean up their Adopt-A-Spot. Council needed to either
clean up the site or take down their sign.
15. The Council did not meet in a continuation of the Closed
Meeting.
With no further business,
CITY OF DENTON, TEXAS
the meeting was adjourned at 8:50 p.m.
CIE OF DENTON, TEXAS
ACC00323
ATTACHMENT A
&IRPORT ~DTIEORY EO/%RD
*7 John Dulemba
*3 Don Smith
*4 James Jamieson
*5 Jim Risser
BOARD/COMMISSION NOMINATIONS
1996-97
Terry Garland
A~n Houston
James Jamieson
Jim Risser
DIST CURRENT MEMB~
· 2 Joella Orr
5 Vacant
6 Vacant
Joella Orr
]9OARD O~/' AD~3~'ETMBNT
*5
*3
*4
*2
Rebecca King
Bob Hagemann
Joe Bendzick
Larry Collister
~UILDXNG CODE BO/%RD
DIST CURRENT MEMB~R
*3
*4
*5
*6
*7
James Fykes (ALT)
Byron Woods (ALT)
Steve Kniatt
(Mary McCain)
(Architect)
Greg Muirhead
Rebecca King
Greg Muirhead
Joe Bendzick
Larry Collister
NOMINATION
Bob Hagemann
Byron Woods
Steve Kniatt
Mary McCain
Ken Dobias
TERM
1994-96
1994-96
1994-96
1994-96
1994-96
1996-98
1996-98
1994-96
1994-96
1994-96
1994-96
TERM
1994-96
1994-96
1994-96
1994-96
1994-96
19
¢O~CIL
Miller
Biles
Cott
Beasley
COUNCIL
Krueger
Beasley
Brock
COUNCIL
Beasley
Biles
Cott
Krueger
Biles
Cott
Beasley
Brock
Miller
*
No *
Individual nominated and approved
Individual nominated but not approved
No nQminatiQn
2O
oanLB TV /%DVXSORY BOi tD
pIST
*5 Mark Burroughs
2 Richard Rodean
3 Vacant
4 Vacant
Mark Burroughs
Richard Rodean
CowwUNITY D~V~LOP~T ~DVIBORY COMMITTEE
*5
*6
*7
*3
*5
~I~RRENT MEMBER
Dorothy Martinez
Peggy Fox
Jean Ellen Rogers
Larry Bailey
Ann Hatch
NOMINATION
Jean Hinojosa
Peggy Fox
Jean Ellen Rogers
Kt~herly Franklin
Ann Hatch
TERM
1993-96
1993-96
1996-98
1996-98
TERM
1994-96
1994-96
1994-96
1994-96
1994-96
COUNCILi,
Beasley
Krueger
Biles
Krueger
COUNCIL
Beasley
Brock
Miller
Biles
Beasley
D~T& PROCBBBXNGADVXSORY BOARD
DIST CURRENT MEMBER
*3 Rosa Lawton
3 Bruce Mitchell
*4 Renae Seely
5 Vacant
6 Vacant
Warren Searls
Renae Seely
TERM
1994-96
1994-96
1994-96
1996-98
1996-98
COUNCIL_--
Krueger
Biles
Cott
Beasley
Brock
DOWI~OWN~DVZgORY BOARD
DIST
*3
*4
*5
*6
*7
CURRENT MEMBER
Geneva Berg
Joanna Deonath
Joy Williams
Michael Flanagan
Rahna Raney
NQMINATION
George Goen
Joanna Deonath
Joy Williams
Michael Monticino
Bette Sherman
*
No *
Individual nominated and approved
Individual nominated but not approved
No nomination
TERM
1994-96
1994-96
1994-96
1994-96
1994-96
COUNCIL
Biles
Cott
Beasley
Brock
Miller
21
BI'.I~CTRZCAZ, ~ODI~ BOZLRD
4
'1
(John Hardinger)
(Master Electrician)
Don Fox
Robert Hicks (ALT)
szsToxzc Z,X DXX .ZC co zsszos
DZS CUR ENTM m
*3
*7
*2
(Kenneth Morgan)
(Real Propert¥Owner)
Judy Cole
Jim Kirkpatrick
*6
*7
*2
4
Pat Muro
Diana Briggs
Kevin Miller
Sandy Kristoferson
KB~P D~NTON BnU~XFU~ BOARD
DIST CURRENT MEMBER
'1
*6
*7
*3
4
*2
Mabel Devereaux
Gayla Robles
Vera Laney
Fjola Jeffries
Bill Watson
Robert Gentile
(resignation)
NOMINATION
John Hardinger
Robert Hicks
Diane Ricks
Peggy Norton
Jim Kirkpatrick
Fran Miller
Carol Brantley
Charles Saunders
Wallace Dural1
Larry Mullen
Gayla Robles
Vera Laney
Fjola Jeffries
Dee Dee Scott
Mark Osborne
,
No *
Individual nominated and approved
Individual nominated but not approved
No nomination
TERM
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1995-97
~OUNCIL
Biles
Cott
Young
COUNCIL
Biles
Miller
Krueger
Brock
Miller
Krueger
Cott
COUNCIL
Young
Brock
Miller
Biles
Cott
Krueger
22
~7
*3
*4
Kjell Johansen
Kathy Pole
Ma Ruth Russell
Kje11 Johansen
Kathy Pole
~ma Ruth Russell
TERM
1994-96
1994-96
1994-96
COUNCIL!
Miller
Biles
Cott
~_RKS ~ND RE~P~%TION BO~RD
*7 Tom Judd
*2 Loyce Wilson
Annie Burroughs
Tom Reece
1994-96
1994-96
COUNCIL
Miller
Krueger
~I.~NNXNG ~ND SONXNG ~XSSXON
DIST CURRENT MEMBER
*3
*5
*6
Mike Cochran
Ellen Schertz
Katie Fle~ing
carol Ann Ganzer
Ellen Schertz
Mike Cochran
TERM
1994-96
1994-96
1994-96
COUNCIL
Biles
Beasley
Brock
p~MBZNG ~ MBt~ANIC~ CODB BOARD
DIST CURRENT MEMBER NOMINATION
*5 Nillard Heath
(Mechanical Cont=a~tor)
*6 Lee Capps
( Layman )
I (Jeff Peploe)
(Master Plumber)
Millard Heath
Lee Capps
1994-96
1994-96
1994-96
Beasley
Brock
Young
PUBLIC ~TZLXTXBB BO/%RD
DIST CURRENT MEMBER
*5 Bill Giese
NOMINATION
Bill Giese
TERM
1992-96
COUNCIL
Beasley
*
No *
Individual nominated and approved
Individual nominated but not approved
No nomination
23¸
SI~N BOARD OP APPF~L8
DIST CURRENT MEMBER
Spencer Washington
Ann Houston (ALT)
Mike Wiebe
'Z'R~F~ZC S2~J'BTY COM~ZSBZO~
*6
'1
*2
3
*4
Greg Sawko
Kathy Devine
Derrick Hartsfield
Mark Coomes
Larry Luce
CIVIL snvIcB COMMISSION
*2 Dennis Stephens
DENTON HOUSZNG &UTHORZTY
SEAT cuammT M~B~
· 1 Tony Soto
*2 Bob Crouch
TMPA BOARD OF DIRECTOR~
SEAT CURRENT MEMB~
*0 Tom Harpool
NOMINATION
Slick Smith
Mike Wiebe
Greg Sawko
Fred Hill
Derrick Hartsfield
Larry Luce
Dennis Stephens
NOMINATION
Tony Soto
Bob Crouch
NOMINATION
George Hopkins
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1994-96
1993-96
TERM
1994-96
1994-96
1994-96
Young
Biles
Miller
Brock
Young
Krueger
Biles
Cott
City
Mgr.
Mayor
Mayor
Council
ACC00128
*
No *
Individual nominated and approved
Individual nominated but not approved
No nQmination