Minutes May 20, 1997CITY OF DENTON CITY COUNCIL MINUTES
May 20f 1997
17
After determining that a quorum was present and convening in an open
meeting, the City Council convened in a Closed Meeting on Tuesday,
May 20, 1997 at 5:45 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Kristoferson, Cochran, Durrance, and Young.
ABSENT: None
The Council considered the following in Closed Meeting:
A. Consultation with Attorney -- Under TEX. GOV'T CODE Sec.
551.071
Discussed and considered Sangster and Tetreault claims
growing out of the drowning incident which occurred at
Bell and Robertson Streets in November, 1996.
Conference with Employees -- Under TEX. GOV'T CODE Sec.
551.075. The Council could receive information from employees
or question employees during a staff conference or briefing,
but did not deliberate during the conference.
The Council convened into a regular meeting on Tuesday, May 20, 1997 at
7:00 p.m. in the Council Chambers of City Hall.
PRESENT:
Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley,
Kristoferson, Cochran, Durrance, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance
to the U.S. and Texas flags.
2. The Council considered approval of the minutes of March 18, 1997.
Young motioned, Durrance seconded with a correction to add the vote for
R97-010. On roll vote, Beasley "aye", Kristoferson "aye", Cochran
"aye", Durrance "aye", Young "aye", Brock "aye" and Mayor Miller "aye".
Motion carried unanimously.
Mayor Miller presented a proclamation for National Senior Health and
Fitness Day.
3. The Council considered a Resolution of Appreciation for David
Biles.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR DAVID BILES.
Cochran motioned, Young seconded to approve the resolution. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
May 20, 1997
Page 2
4. The Council considered a Resolution of Appreciation for Jerry Cott.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR JERRY COTT.
Young motioned, Brock seconded to approve the resolution. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously.
CITIZEN REPORTS
5. Dessie Goodson regarding city government issues.
Ms. Goodson stated that she had taken pictures of her street showing
problems which she had told the City about four years ago. The City
needed to take care of the problem correctly rather than just patching
the street. There were no curb ramps at those intersections near her
street. The sidewalks were not cleaned properly and she could not walk
down the street properly. She had given the City a year to respond to
how one person could use more water than three people in one month and
the City had not done it. She would not go another year without water
and electricity. She paid each month to have her phone number not
published. She did not appreciate the City giving out her phone number
as that was going against the Privacy Act. The City was not to give her
phone number out again.
6. Joe Dodd regarding "my death, your taxes, and our access t.v."
Mr. Dodd stated that his "death" was greatly exaggerated. He would
continue to come to the City until a public access channel was available
to the public. The people of Denton owned the band width that the cable
was delivered on and was rented to the cable company. There were two
components of the access channel-individuals using the channel and
organizations using the channel. Local origination should not be
confused with the public access channel. The programming of ball games
were not a part of the public access programs. Council Member Young had
asserted that other cable companies set aside minority space for their
programming but was not correct. Patrons should receive something more
than what they were currently receiving for their sponsorship.
7. Ross Melton regarding "prosecutorial immunity" of the City
Attorneys.
Mr. Melton stated that he was having problems with Code Enforcement in
the area of trash and debris. He had sued the City Attorney and
Assistant City Attorney in Federal Court but his suit was dismissed. He
wa~ told that city attorneys were immune from suit. There had been no
hearing and no jury trial with the suit against the City still pending.
The opinion which the Court wrote was "secret" in that it was going to
be unpublished. Immunity isolated a trial by jury and was created by
judges. His judgement was that the attorney's office gave advice which
was secret and he was denied access to that advice. The City Attorney
violated the Open Records Act and he could not investigate the Code
City of Denton City Council Minutes
May 20, 1997
Page 3
19
Enforcement Department. The City Attorney's office was a black hole
regarding legal matters. The issue was not settled as far as he was
concerned.
8. David Zoltner regarding Open Meetings and public trust.
Dr. Zoltner stated that he wanted to withdraw his comments at this point
in time. He would be watching to see if the Council continued to post
corrected Closed Meetings in the future.
NOISE EXCEPTION
9. The Council considered a request for an exception to the noise
ordinance for the 1997 Juneteenth activities June 13-14, 1997 and June
19-20, 1997 at the Fred Moore Park until 12:00 midnight.
Veronica Rolen, Administrative Assistant, stated that this request was
from the Juneteenth Celebration Committee. The celebration was held
annually at the Fred Moore Park. The exception was requested for
musical activities in the park during the festivities.
Young motioned, Brock seconded to approve the request. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously.
PUBLIC
10. The Council held a public hearing and considered adoption of an
ordinance rezoning 0.464 acres from the Multi-Family 1 (MF-1) zoning
district to a General Retail Conditioned (GR[c]) zoning district. The
subject property was located on the north side of University Drive (US
380), approximately 500 feet east of Locust Street. (The Planning and
Zoning Commission recommended approval 5-0.)
Rick Svehla, Deputy City Manager, stated that this was a request for
general retail conditioned zoning. This type of zoning was selected due
to the fact that the property to the west was zoned the same. In 1994
the Council adopted conditions similar to that zoning as to this case.
The General Retail zoning was a less intense use which more closely met
the existing plan. The Planning and Zoning Commission recommended
approval.
Council Member Kristoferson stated that the back-up materials indicated
that the request was 975% over the intensity allocation.
Svehla stated that the analysis was originally done based on the request
for commercial ~oning. Further in th~ back-up materials it indicated
that the intensity, based on the limited uses, was 186 trips which was
a major reduction in intensity.
Council Member Kristoferson stated that the proposal would still be
significantly inconsistent in three areas.
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City of Denton City Council Minutes
May 20, 1997
Page 4
Svehla replied that it would be inconsistent on intensity and the strict
site plan in which no general type of zoning met that requirement.
Council Member Kristoferson stated that that was not what the applicant
wanted for the long term.
Svehla replied correct but if Council passed the Planning and Zoning
recommendations, only the uses listed would be allowed.
Council Member Beasley asked if a restaurant/tea room would be allowed.
Svehla replied that it was not allowed under the conditions indicated.
Council Member Durrance asked what was the proposed use.
Svehla replied that the current use was an apartment. The applicant
wanted to use the house for a telephone business office. The house to
the west of the proposal housed a business and the applicant wanted to
expand the use to the next house.
Council Member Durrance stated that this would be the same business as
what was next door and the applicant would be required to keep the same
conditional structures on the property.
Svehla replied correct.
Council Member Cochran asked that if the individuals who were opposed to
the proposal but not within 200 feet were figured into the calculation,
what would be the percentage of opposition.
Svehla replied that staff had not made that calculation.
Council Member Cochran stated that the reason those individuals were not
being considered for the 20% calculation was because they were not on
the list as of January 1st.
Svehla replied correct.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Cochran stated that he was concerned about the
sensitivity of the neighborhood and the idea of University Drive and
Denton Center going into residential neighborhoods. He was concerned
about deviations from the Denton Development Plan and particularly the
extending of strip commercial development in the area.
Mayor Pro Tem Brock stated that this was a case where people were
opposed to what was being proposed but what was in place was multi-
City of Denton City Council Minutes
May 20, 1997
Page 5
21
family zoning. This was a fragile area and behind the proposal was a
very lovely street. It was difficult to know what would be a suitable
use for the area. The present business was not damaging the residential
nature of the area around there. She would not like to see what was
there replaced with another apartment house.
Council Member Durrance stated that he was concerned that this was a
border line case in both instances. There were inconsistencies with the
Denton Development Plan but the restrictions agreed to and the expansion
of the business was small. There were additional safeguards that any
changes would require approval of the Council.
Council Member Beasley stated that she had reservations about the case.
DFW Direct had renovated an old home which looked nice. The current
home was not in the same shape and hoped that the applicant would do the
same thing. She was concerned about commercial zoning on University but
conditions placed on the zoning would probably take care of some of
those concerns. This proposal might be an improvement over what was
currently there.
The following ordinance was considered:
NO. 97-140
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE MULTI-FAMILY 1 (MF-1) ZONING DISTRICT
CLASSI~!CATION AND USE DESIGNATION TO A GENERAL RETAIL
CONDIT~QNED (GR[c]) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.464 ACRES OF LAND LOCATED ON THE NORTH SIDE
OF UNIVERSITY DRIVE (US 380), APPROXIMATELY 500 FEET EAST OF
LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance.
Mayor Pro Tem Brock asked about the possibility of reducing the number
of permitted uses. If the applicant was only expanding his business, he
might not want some of those uses. She asked if it were possible for
Council to reduce the number of permitted uses.
Herb Prouty, City Attorney, stated that Council could change the zoning
as long as it went to more restrictive zoning.
Svehla stated that the conditions placed on this request were similar to
the ones placed on the adjacent lot. The difference in the ordinances
was that the uses in the 1994 ordinance were uses not permitted.
Mayor Pro Tem Brock stated that she had concerns about some of the
listed uses such as a private community center or swimming pool.
Brock motioned, Beasley seconded an amendment to the motion to remove
all permitted uses except for telephone business office.
City of Denton City Council Minutes
May 20, 1997
Page 6
Council Member Kristoferson stated that the math indicated that the
intensity was out of compliance with a moderate intensity area.
Svehla replied that the proposed 1997 plan indicated this area as a
moderate intensity area. It would be very close in the calculations.
Mayor Miller stated that he would be voting against the amendment. If
this were restricted to telephone business office and the company went
out of business, the building would remain unoccupied. Only allowing
one kind of business would limit the use of that building. He felt that
there were some other uses which might be compatible with the
neighborhood.
Council Member Cochran stated that one of the uses allowed would be a
residence. Some Council Members had indicated that a reason to vote in
favor of the request was that there was general retail already next door
to the location. He felt that that was a reason to not vote for the
request as it might give way to commercial all along that area. He was
concerned about increased traffic on University which already was bad.
Mayor Miller asked if the property could be used as a residence if the
zoning were restricted to one use as stated in the amendment.
Svehla stated that if the property was currently being used as a single
family residence, it would be non-conforming and could be used as such.
Mayor Miller stated that if the zoning were changed to general retail
with only a permitted used of telephone business office, the non-
conforming use would be lost.
Svehla replied correct that the property could then only be used for a
telephone business office.
Mayor Miller stated that he was not in favor of being so restrictive as
to not allow for any kind of reasonable use.
Mayor Pro Tem Brock stated that there could be a request at a later date
for other uses.
Svehla replied correct.
Mayor Miller stated that he went past that location several times a day
and did not see many cars on the property. The number of trips were
very small and would be less than the multifamily zoning which was
currently in place.
On roll vote on the amendment to restrict the use to only telephone
business office, Beasley "aye", Kristoferson "nay", Cochran "aye",
Durrance "nay", Young "nay", Brock "aye" and Mayor Miller "nay". Motion
failed 3-4.
Brock motioned, Beasley seconded to amend the motion to remove group
home, private community center, and private swimming pool from the list
of permitted uses. On roll vote, Beasley "aye", Kristoferson "aye",
City of Denton City Council Minutes
May 20, 1997
Page 7
23
Cochran "aye", Durrance "aye", Young "nay"' Brock "aye" and Mayor Miller
"aye". Motion carried 6-1.
On roll vote on the main motion as amended, Beasley "aye", Kristoferson
"nay", Cochran "nay", Durrance "aye", Young "aye", Brock "aye" and Mayor
Miller "aye". Motion carried 5-2.
11. The Council held a public hearing and considered adoption of an
ordinance rezoning 0.211 acres from the office (O) zoning district to
the Multi-Family 1 (MF-1) zoning district. The subject property was
located on the southwest corner of First and Elm Streets. (The Planning
and zoning Commission recommended approval 6-0.)
Rick Svehla, Deputy City Manager, stated that this would change the
zoning from office to multifamily. There were only a few areas in the
proposal which were inconsistent with the Development Plan. Most of
those had to do with the half mile separation and site design. Because
the actual intensity was being reduced and the majority of the analysis
was consistent with the plan, staff and the Planning and Zoning
Commission were recommending approval.
Mayor Pro Tem Brock asked if there would be a restriction on the number
of allowed units.
Svehla replied yes because of the size of the lot. When multifamily was
built, there were parking requirements which generally restricted the
number of units.
The Mayor op~ned the public hearing.
Darrell Reid stated that there were only four units for the property.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 97-141
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE OFFICE (O) ZONING DISTRICT CLASSIFICATIONAND
USE DESIGNATION TO THE MULTI-FAMILY 1 (MF-I) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 0.211 ACRES OF LAND
LOCATED ON THE SOUTHWEST CORNER OF FIRST AND ELM STREETS;
PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Cochran motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
City of Denton City Council Minutes
May 20, 1997
Page 8
12. The Council held a public hearing inviting citizens to comment on
the City of Denton's 1997 Action Plan for housing and community
development.
David Hill, Director of Planning and Development, stated that the
Community Development Block Grant Action Plan for 1997 was set up for a
public hearing. Pending the outcome of the public hearing, Council
would be considering approval of the Plan at their next meeting.
Council Member Young asked why Triple "A" Choices was not on list for
recommended funding.
City Manager Benavides stated that the organization had submitted an
application but was not recommended for funding.
Council Member Young asked to reconsider this organization.
Mayor Miller stated that Council was just receiving input from citizens
at this meeting. It would be up to Council during the budget process to
make changes.
The Mayor opened the public hearing.
Irma Jones stated that she was speaking on behalf of Triple "A" Choices
which did not receive funding. She was the coordinator of the UNT
Challenge Program which was a campus-wide substance abuse education
prevention and counseling program at the University of North Texas.
This program was primarily funded through student fees and supplemented
by the Department of Counseling and Testing. They had no operating
budget of their own thus the necessity for seeking additional funding
for the program. This program addressed four out of ten of the City's
most urgent needs of juvenile delinquency, drug abuse, crime and teenage
pregnancy. Triple "A" Choices was a year round after school proactive
substance abuse prevention program utilizing the University of North
Texas student athletes in partnership with members of the student body
who had been trained for twelve or more hours as peer educators. The
primary purpose of the program was to encourage UNT students and
students to exhibit Triple "A" attitudes regarding their academics and
athletic pursuits and to empower UNT students and other students to make
Triple "A" Choices regarding the use of alcohol and other drugs. The
program was asking for $15,000 to start in October.
CounCil Member Young asked about a similar program started in Austin.
Jones stated that the program at Austin was started in 1991 with 731
students the first year which had now grown to 1685 students. The
program had received national awards.
Council Member Kristoferson stated that this program would not be
operational until October.
Jones replied correct.
Council Member Kristoferson asked about their funding.
city of Denton City Council Minutes
May 20, 1997
Page 9
25
Jones stated that they were requesting $15,000 to fund a part-time
coordinator. They had received that funding through student fees. Now
they were needing funds to provide the operational side of the program
such as art supplies, books, videos, etc.
Council Member Kristoferson asked how these children were chosen.
Jones replied that the children were chosen voluntarily. They only had
to submit an essay or an art project to demonstrate the spirit of Triple
"A" Eagles making Triple "A" Choices.
Mark Bennett stated that he was a Denton County Friends of the Family
volunteer and a former client. He thanked the Council for the
recommendation to continue the present funding levels. He knew how
important this type of service was for the citizens of Denton. Friends
of the Family was a source of comfort and support for many in Denton.
He wanted to have his taxes used wisely and this agency would use the
funds very wisely.
Dorothy Damico stated that she had always been proud that the City put
money into human services. She felt it was important that the City did
not give charitable donations to non-profit agencies through the human
services grants. The City made contracts with non-profit agencies so
that they would provide services which were appropriate to city
government that the non-profit agencies could do more cost effectively
than the City. Over the years the agencies were able to do good things
for a number of people by providing help for the homeless, hungry, the
elderly, etc. Speaking on behalf of the Denton County Friends of the
Family, she thanked the Council for its support of the agency. They
would put the money to good use.
Pat Kelly stated tha~ she was speaking for the Special Olympics Program.
The program was a wonderful program for the students it served. The
Council had supported the program in the past and she thanked them for
that.
Cheryl Sutterfield thanked the Council for past support for Denton
County Friends of the Family and for their recommendation to restore
funding to the current level.
Sara Carey stated that staff should have provided Council with a more
recent funding status of her organization.
Council Member Beasley asked about that information.
City Manager Benavides stated that the information would be given to
Council before any action would be take on this funding.
The Mayor closed the public hearing.
13. The Council held a public hearing and considered and took action
regarding Marcus Cable rates for basic cable service, remote controls
and converters, and the hourly service charge.
26
City of Denton City Council Minutes
May 20, 1997
Page 10
Richard Foster, Public Information Officer, stated that in accordance
with FCC guidelines, Marcus Cable had requested an increase in their
rates. That increase would go into effect June 1st. The City was
certified to regulate the rates the cable company charged for the basic
level of service, for remote controls and converters and for the hourly
service charge. The rate for basic cable service was proposed to be
increased from $9.77 to $9.88 per month, the remote control from $.12
per month to $.16 per month, non-addressable converters from $1.01 to
$.95 and addressable converters from $2.43 to $2.57 and the hourly
service charge from $40.60 to $19.03 per hour. The cable ordinance
required a public hearing with proper notice.
The Mayor opened the public hearing.
Karen Yurchuck stated that Marcus had made improvements during the past
year in the cable service. They were trying to change their image and
provide quality service. Recent changes included the addition of four
new channels, increased options for premium services, added screens to
existing channels, some channels available in Spanish, an on-time
guaranteed appointment time for service calls and installation. New
phone lines were going to be installed and they were evaluating staffing
at peak times. A training program had been started for their customer
service representatives which required them to be certified by an
outside organization.
Council Member Cochran asked about the level of service most represented
by customers.
Yurchuck replied it was the broadcast basic level of service.
Mayor Pro TemBrock asked about the percentage of Denton households that
had cable.
Yurchuck replied approximately 70% of the homes which had cable in the
area received the service.
Joe Dodd stated that no one loved the cable company. The amount of the
rate increase was "junk" change and the Council would probably grant
that increase. There was an error in logic in their basic lineup of
programs. TBS and WGN were in the broadcast channels but the basic
weather channel was not in basic. The cable company was required by the
franchise to produce 400 hours of local origination. If they were
producing all 400 hours, the City should give them the rate increase.
If they were only producing 300 hours, the City should reduce the price
$.10. If the cable company was only producing 200 hours, the rate
should be reduced $.25 and if they were only producing 150 hours, the
price should be reduced by $.50. He felt the cable company was not
producing the 400 hours of local programming which the agreement
required.
The Mayor closed the public hearing.
Council Member Beasley stated that there was confusion regarding the
cable rates and the showcase rates and how much it was going up. It was
City of Denton City Council Minutes
May 20, 1997
Page 11
27
her understanding that the showcase rates were not regulated by the City
- that it was regulated by the FCC.
Foster replied that that was correct. The rates for cable showcase were
regulated by the FCC. It used to be that subscribers who were unhappy
with the rates charged for that service would have to appeal directly to
the FCC to have rate looked at. That had changed within the last year.
Now if the City received more than one complaint following the rates
going into effect, the City filed on behalf of those subscribers with
the FCC.
Council Member Young stated that last week he received calls and letters
from citizens who opposed this rate increase. One letter stated that
the rates were increased 6% last year and this year they would be raised
for local access. He would be opposed to any raises but would agree
with a review of the rates. The people in his district felt that they
were not receiving services for their money.
Foster stated that there were several options the Council could
consider. Those included reviewing the rates, approving the rates or
taking no action in which case the rates would go into effect.
Mayor Miller stated that a review of the rates would cost approximately
$3,500-4000. Under the rules, if the cable company's calculations were
correct, the rates would still remain in effect.
Foster replied correct.
City Attorney Prouty stated that doing nothing was really not an option
as the cable ordinance indicated that the Council had to make a written
decision after the public hearing. The Council had in the past passed
a resolution reading the rates. His recommendation was to consider a
resolution which incorporated what the Council wanted to do.
Mayor Pro Tem Brock stated that
joining the consortium of cities
result some charges were reduced.
almost $1,000 was spent last year
which surveyed the rates and as a
Foster replied correct. The $1,000 represented approximately 12% of the
cost to the consortium.
Mayor Pro Tem Brock asked if the Council could vote to take no official
action.
City Attorney Prouty stated yes but in effect that was an approval of
the rate increase. The cable ordinance required the Council to make a
written decision on the request for denial, approval or change in the
rate increase.
Council Member Cochran stated that the cable company was asking for an
$.11 increase in the basic cable, a $.04 increase in remote control and
a large decrease-in the hourly service rate. That was not a large
increase.
~i~y of Denton City Council Minutes
May 20, 1997
Page 12
Cochran motioned, Brock seconded to approve the rates.
Council Member Young stated that he wanted to warn the citizens as the
costs were going up. Council was wiling to give a raise for anything
and this was just a start for the increases.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"nay", Young "nay", Brock "aye" and Mayor Miller "aye". Motion carried
with a 5-2 vote.
CONSENT AGENDA
Young motioned, Beasley seconded to approve the Consent Agenda and the
accompanying ordinances. On roll vote, Beasley "aye", Kristoferson
"aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye" and Mayor
Miller "aye". Motion carried unanimously.
14. NO. 97-142
15.
16.
17.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2040 - Heavy
Equipment Mechanic)
NO. 97-143
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2041 - PVC Conduit
& Accessories)
NO. 97-144
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2042 - Traffic
Signs & Supplies)
NO. 97-145
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 97-099 PRESCRIBING THE NUMBER OF POSITIONS IN EACH
CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF
POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING
ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE
EXTENT OF ANY SUCH CONFLICT; PROVIDING A REPEALER; AND
DECLARING AN EFFECTIVE DATE.
City of Denton City Council Minutes
May 20, 1997
Page 13
18. NO. 97-146
29
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGULATING PARKING
OF VEHICLES EACH YEAR DURING THE NORTH TEXAS STATE FAIR AND
RODEO BY TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON
BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH
FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST
SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY
DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF
DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET
FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA
DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN
STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN
EFFECTIVE DATE.
ITEMS FOR INDIVIDUAL CONSIDERATION
19. The Council considered adoption of an ordinance authorizing the
City Manager to execute a contract between the City of Denton and Three-
K Construction, Incorporated; authorizing the City Manager to execute
any and all documents necessary to consummate the purchase of real
property in accordance with said contract; and authorizing the
expenditure of funds.
Rick Svehla, Deputy City Manager, stated that this was a recommendation
from the Planning and Zoning Commission to acquire two lots using funds
from the Affordable Housing Program. This wouldhelp the City meet the
match needed for the HOME funds. After the lots were acquired, the
Affordable Housing Corporation would build homes on the lots and put
them up for sale.
The following ordinance was considered:
NO. 97-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND
THREE-K CONSTRUCTION, INCORPORATED; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO
CONSUMMATE THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH
SAID CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS AND
PROVIDING FOR AN EFFECTIVE DATE.
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City of Denton City Council Minutes
May 20, 1997
Page 14
Young motioned, Brock seconded to adopt the ordinance. On roll vote,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously.
20. The Council considered adoption of an ordinance authorizing the
city Manager to execute a commercial lease agreement between the City of
Denton and Hanger 10 Flying Museum for approximately 32,400 square feet
of property located at the Denton Municipal Airport, with options on the
lease of additional property comprising an additional 64,800 square
feet.
Linda Ratliff, Director of Economic Development, stated that currently
the museum was operating out of a hanger at the Airport. They wished to
expand their operation and asked that the City provide them with a
lease. They were asking for some forgiveness up-front on the lease of
$.10 off of the lease price and would add that on to the last 17 years
by increasing the lease amount by $.03. As a result, the City would
r~ceive the same amount in total but allowed the non-profit organization
to build their hanger.
The following ordinance was considered:
NO. 97-148
AN ORDINkNCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
DENTON, TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND HANGAR 10 FLYING MUSEUM FOR
APPROXIMATELY 32,400 SQUARE FEET OF PROPERTY LOCATED AT THE
DENTON MUNICIPAL AIRPORT, WITH OPTIONS ON THE LEASE OF
ADDITIONAL PROPERTY COMPRISING AN ADDITIONAL 64,800 SQUARE
FEET; AND PROVIDING AN EFFECTIVE DATE.
Kristoferson motioned, Beasley seconded to adopt the ordinance.
Council Member Durrance felt that this would be a great addition to the
City and to the Airport.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
21. The Council considered adoption of an ordinance authorizing the
City Manager to execute an agreement for professional services between
the City of Denton and Deloitte and Touche, L.L.P. for independent
audits.
Susan Croff, Internal Auditor, stated that this was a recommendation
from the Audit Committee for this agreement. The agreement spanned a
three year period plus an option for two additional years. The Audit
Committee based the recommendation on information given to them by four
raters on four criteria.
The following ordinance was considered:
City of Denton City Council Minutes
May 20, 1997
Page 15
NO. 97-149
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE LLP FOR
INDEPENDENT AUDITS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Cochran seconded to adopt the ordinance. On roll
vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye",
Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
22. The Council considered approval of a resolution approving a right-
of-way use agreement between the City of Denton and Joseph E. Cripps.
Denisha Williams, Main Street Manager, stated that the owner of the
building at 207 N. Elm wanted to use the second and third floors of his
building. In order to do that, a fire escape was necessary as an inside
staircase was not feasible. This fire escape would be on City right-of-
way. Granting this agreement would enable the owner of the property to
its fullest and would not harm the city right-of-way.
The following resolution was considered:
NO. R97-022
A RESOLUTION APPROVING A RIGHT-OF-WAY USE AGREEMENT BETWEEN
THE CITY OF DENTON AND JOSEPH E. CRIPPS; AND DECLARING AN
EFFECTIVE DATE.
Brock motioned, Young seconded to approve the resolution. On roll vofe,
Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young
"aye", Brock "aye" and Mayor Miller "aye". Motion carried unanimously.
23. The Council considered approval of a resolution authorizing the
City Manager to execute an agreement between the City of Denton and the
Texas Natural Resource Conservation Commission (T.N.R.C.C.) granting a
license to the Texas Natural Resource Conservation Commission for an air
pollution monitoring station.
Linda Ratliff, Director of Economic Development, stated that currently
the TNRCC had an ozone monitoring station at the north end of the
Airport. The TNRCC requested to move the station to the south end where
no buildings would effect the monitoring.
The following resolution was considered:
NO. R97-023
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BE-TWEEN THE CITY OF DENTON AND THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION (T.N.R.C.C.) GRANTING A
LICENSE TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
31
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City of Denton City Council Minutes
May 20, 1997
Page 16
(T.N.R.C.C.) FOR AN AIR POLLUTION MONITORING STATION; AND
PROVIDING AN EFFECTIVE DATE.
Beasley motioned, Kristoferson seconded to approve the resolution. On
roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
24. The Council considered an appointment to the Board of Directors of
the Upper Trinity Regional Water District.
City Manager Benavides stated that Bob Nelson, Executive Director for
Utilities, was currently the City's representative to this Board. Staff
was recommending to continue with this appointment.
Brock motioned, Cochran seconded to reappoint Bob Nelson to this Board.
On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance
"aye", Young "aye", Brock "aye" and Mayor Miller "aye". Motion carried
unanimously.
25. The Council considered nominations/appointments to the City's
Boards and Commissions.
Council Member Beasley nominated Geri Aschenbrenner to the Keep Denton
Beautiful Board.
Mayor Pro Tem Brock nominated Jim Engelbrecht to the Planning and Zoning
Commission.
26. Miscellaneous matters from the City Manager.
City Manager Benavides stated that at the Council's next meeting they
would be receiving a briefing on appointments to the Boards and
Commissions.
27. There was no official action on Closed Meeting Items discussed
earlier.
28. There were no items of New Business suggested by Council Members
for future agendas.
29. The Council did not meet in a continuation of the Closed Meeting.
With no further business, the meeting was adjourned at 9:45 p.m.
Ti ~FE~WALTERS
SECRETARY
OF DENTON, TEXAS
ACC0038A