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Minutes November 05, 1991419 CITY OF DENTON CITY COUNCIL MINUTES NOVEMBER 5, 1991 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Perry, Smith and Trent. ABSENT: Council Member Chew 1. The Council convened into the Executive Session to discuss legal matters (considered settlement in Hunter, Cami v. City of Denton et al and considered settlement offer in Gorder v. City), real estate, and personnel/board appointments. Council Member Chew joined the meeting during the above discussion. 2. The Council received a report and held a discussion regarding legislation passed by the 72nd Legislature that might have an impact on the Municipal Court procedurally, fiscally or both. Harlan Jefferson, Treasurer, stated that the report was prepared in response to the City Council's request for staff to meet with the Municipal Judge and prepare a detailed analysis of the recently approved state legislation affecting the Municipal Court. For each bill, a summary, impact analysis and recommendation where appropriate was provided. Staff members providing input regarding the bills included the Municipal Judge, Chief of Police, Assistant City Attorney and Treasurer. House Bill No. 2 This bill added the requirement of showing evidence of financial responsibility in order to register a vehicle, obtain motor vehicle inspection or upon applying or renewing a driver's license. It also specified the types of acceptable evidence of financial responsibility. The bill reworded the language creating the offense of operating a motor vehicle without required evidence of financial responsibility and provided for an increased penalty range. The overall effect of this bill would be an increase in the number of motorists able to show evidence of financial responsibility, resulting in fewer citations for this violation. In addition, the City would be required to train staff on the types of evidence acceptable to satisfy the requirement of financial responsibility, have police officers check the suspected violator's driving history and file higher charges through the District Attorney's Office for second and subsequent offenses which would be outside the Municipal Court jurisdiction, update the Affidavit of Probable cause to reflect new types of evidence acceptable to show finanoial r~sponsibility, change the citation to reflect the new name of the Act and provide a warning regarding subsequent convictions. The recommendation of the Committee was that the City 420 City of Denton City Council Minutes November 5, 1991 Page 2 complete the action needed to become in full compliance with H.B. No. 2. Consensus of the Council was to proceed with the staff recommendation. House Bill No. 70 This bill provided for an additional $3 court cost to be assessed on all convictions under the Uniform Traffic Act. These funds were to be maintained for the municipality. The bill also changed the eligibility requirements for a person attending a driving safety course and created a condition that the defendant provide the Court with proof of financial responsibility before a driving safety course may be granted. Staff recommendation was to continue complying with H. B. 70. Consensus of the Council was to proceed with the staff recommendation. House Bill No. 166 House Bill No. 166 prohibited state agencies and political subdivisions from establishing or maintaining a system for evaluating, promoting, compensating, or disciplining a peace officer based on the issuance of a specified number of traffic citations or a municipal court judge based on the amount of revenue collected from traffic convictions. It did not require any action by staff or the City. House Bill No. 407 This bill related to increasing the fine for certain misdemeanors and amended some court costs. The only action required of staff was programming changes to the municipal court software which would accommodate the new court cost. This was done in September. It was recommended that the City continue complying with H. B. 407. It was possible that the Judge would increase fines for these offenses either on a case by case basis or on a sliding scale based on the prior record of the defendant, however, it was not anticipated that there would be any drastic increases. Consensus of the Council was to proceed with the staff recommendation. House Bill No. 598 This bill amended provisions of the Uniform Traffic Act relating to ~ 421 City of Denton City Council Minutes November 5, 1991 Page 3 driving safety courses and provided that the court may exercise discretion in granting a request to take a driving safety course under either the mandatory or permissive sections upon the written motion of the defendant submitted to the court at any time prior to final disposition. The legislation also created a new requirement that in the event a defendant failed to provide proof of course completion within the time allotted by the court, the court must notify the defendant in writing of the default and require the person to appear for a show cause hearing. If the defendant could show good cause why the proof of completion was not submitted to the court as required, the court may allow an extension of time during which the defendant may submit the uniform certificate of course completion. It was recommended that the City not extend the time period a defendant had to request to take a driving safety course and comply with the remainder of the bill. Consensus of the Council was to proceed with the staff recommendation. House Bill No. 944 This bill granted a municipal court additional jurisdiction for criminal prosecution of juveniles. The municipal court jurisdiction had been extended to include offenses involving' a misdemeanor punishable by fine only other than the offense of public intoxication. Staff recommendation was to waive the new jurisdiction. This was recommended as the court would have no enforcement capability to assure compliance with its judgements. This would make the City less effective than the County's juvenile court. Additionally, when considering the minimal fine amounts and the fact that payment would only be on a volunteer basis, the time, energy, and effort exhausted on these cases would not be offset. It was felt that the City could only do an effective job with these cases if a teen court were established. Consensus of the Council was to proceed with the staff recommendation. House Bill 960 This bill provided that a municipal court judge had the discretion to allow a defendant to enter a treatment program for chemical dependency and upon completion of this program, gain dismissal of a pending criminal charge. The primary difference between this bill and the municipal judge's existing authority was that the bill did not allow for the assessment of a speoial expense to oover the cost of administering the case. It was believed that the State wanted to provide alternatives to fine payment for dealing with 422 City of Denton City Council Minutes November 5, 1991 Page 4 Class C offenders. It was recommended by staff that as a standard practice, the City continue to offer deferrals for this situation. That would permit the City to charge a special expense to offset administrative costs. It was believed that most defendants would rather pay the special expense fee than be convicted of a crime. Consensus of the Council was to proceed with the staff recommendation. House Bill No. 1342 House Bill 1342 created an offense for a person to knowingly falsify any information or verification required in connection with a commercial driver's license. An operator of a commercial vehicle could not attend a driving safety course and be granted a deferred adjudication for dismissal of a traffic offense if the offense was one defined as a serious traffic violation. This bill would require staff training, a change in the City's citation, and a change in the municipal court software. It was recommended that the City comply with the bill by revising the citation form and the Municipal Court software. Consensus of the Council was to proceed with the staff recommendation. House Bill No. 2183 This bill created penalty enhancements for the offenses of Purchase of Alcohol by a Minor, Consumption of Alcohol by a Minor and Possession of Alcohol by a Minor. It also provided that the court may require a defendant upon a first conviction for any of the previously listed offenses to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse or a similar alcohol awareness course approved by the court. A mandatory portion of the bill would require the municipal court to maintain history files on Alcoholic Beverage Code violations in order to assess the proper fine amount. It was the staff recommendation to utilize the existing deferral program instead of the discretionary portion of this bill. Consensus of the Council was to proceed with the staff recommendation. Senate Bill No. 355 This amendment specified that the law enforcement agency that executed the arrest warrant or capias may request payment of this fee from the Court, provided that the request was made not later 423 City of Denton City Council Minutes November 5, 1991 .... Page 5 than the 15th day after the date of the execution of the warrant. This situation may be handled by an interlocal agreement between law enforcement agencies. The executing agency would not seek to claim any warrant fees and allow all warrant fees to remain with the processing law enforcement agency. Staff recommended that the City enter into an interlocal agreement and develop a mechanism to process requests from jurisdictions that were not a part of the agreement. Consensus of the Council was to proceed with the staff recommendation. Senate Bill No. 460 This bill allowed for the assessment of court costs not to exceed $5 for cases involving parking or stopping vehicles in violation of City ordinances. The funds generated from this new fee were to be earmarked to fund city programs for school crossing guards. In the event the city did not operate a school crossing guard program, the city may deposit these funds in an'interest-bearing account or expend these funds for programs designed to enhance child safety, health or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention. It was recommended that the City not increase this court cost on parking or stopping vehicle violations. This would conflict with the City Council's major budget issue decisions. Additionally, it was recommended to utilize the revenue from the mandatory court cost to offset the City's existing child safety program. Consensus of the Council was to proceed with the staff recommendation. Senate Bill No. 757 This bill provided that driving safety courses, in order to be acceptable for dismissal of violations of the Uniform Traffic Act, be conducted in Central Education Agency approved schools. Also the court's authority to approve any other types of completion documentation was eliminated. It was recommended that the City comply with this bill as there were no discretionary areas of the bill. Consensus of the Council was to proceed with the staff recommendation. senate Bill No. 883 This bill allowed a peace officer to issue a citation that gave an 424 City of Denton City Council Minutes November 5, 1991 Page 6 accused written notice of when and where to appear in front of a magistrate rather than taking the person into custody. Staff recommendation was that whenever feasible, the City issue a citation as opposed to arresting defendants. Consensus of the Council was to proceed with the staff recommendation. Jefferson continued that many of these bills increased the workload of the Municipal Court by adding time consuming tasks. The staff was already overburdened with procedural changes resulting from case law evolving in higher courts. Increasing the Court's automation capability should occur before attempting to evaluate the staffing levels. Three potential areas of improvement were an automated answering phone system, a word processing system, and initiate the process to rewrite or replace the Municipal Court computer system. The emphasis would be on locating the most cost effective system to meet current and foreseeable future needs. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry, Smith and Trent. ABSENT: Council Member Alexander 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Council Member Alexander joined the meeting. 2. The Council considered approval of the minutes of the Regular Session of October 15, 1991 and the Work Session of October 22, 1991. Mayor Pro Tem Hopkins asked that the minutes be considered separately. Hopkins motioned, Perry seconded to approve the minutes of October 15, 1991. On roll vote, Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously with Council Member Trent abstaining. 425 City of Denton City Council Minutes November 5, 1991 Page 7 Perry motioned, Chew seconded to approve the minutes of October 22, 1991. On roll vote, Trent "aye", Alexander "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously with Mayor Pro Tem Hopkins abstaining. 3. Yard of the Month Awards This item was pulled from consideration. The Mayor presented a proclamation for "Adopt-A-Spot Month". 4. Citizen Reports A. The Council received a citizen report from Richard Walters regarding 'City services on Daniel Street. Mr. Walters stated that there was no police protection in the area and drug dealers were living next door to him. He had been promised that the police protection would be doubled in the area but that had not happened as of yet. He did not feel safe in his neighborhood. The City had a Sewer running through his land which he had given the City an easement for. There were illegal aliens in his neighborhood. Garbage pickup was erratic. He paid taxes and should receive services. He asked the Council to help the neighborhood. Mayor Castleberry thanked Mr. Walters for his comments and stated that the City Manager would check into his concerns and would reply to those concerns. B. The Council received a citizen report from Artist Thornton regarding a Police Review Board. Mr. Thornton stated that he was concerned for many others in the City of Denton and a concern which was affecting the students. He was asking for a Police Review Board. The Board would be made of members appointed by the Council and would not receive any compensation. The purpose of the Board would be to listen to the citizens and make recommendations from the citizens complaints to the City Manager. The Board was to exist to enable citizens to speak to a Board and explain complaints or the situation that needed to be reviewed. There would be a Technical Committee which would have the power to issue subpoenas. The Board would listen to a complaint and would vote on whether or not to issue a subpoena. If the vote was to issue a subpoena, the Technical Committee would proces~ the subpoena. If the Board wanted to issue a subpoena but the Technical Committee did not feel there was a need for a subpoena, the Board could come to the Council and ask for a 426 City of Denton City Council Minutes November 5, 1991 Page 8 subpoena. The Board would not be a threat to the City officials in Denton nor was it a threat to the Police Department. It was a way for the citizens to address a Board other than the City police and the Internal Affairs. There were many complaints not processed as the citizens felt uncomfortable having to use the Internal Affairs Division which was a part of the Police Department. He requested a public hearing at the next Council meeting regarding this issue and a City ordinance. 5. Public Hearings A. The Council held a public hearing and considered an ordinance amending the sign ordinance. (The Planning and Zoning Commission recommended approval 5-1 at its meeting of October 23, 1991.) Frank Robbins, Executive Director for Planning, stated that there were two provisions recommended in the ordinance, a temporary use permit and new variance criteria. Nonconforming signs could be altered with a temporary use permit, so long as the sign become no more non-conforming, until January 1, 1996. All temporary use permits would expire on January 1, 1996. No more temporary use permits would be issued after January 1, 1996. The temporary use permit would be renewed annually. Guarantee of removal of the sign or making it conforming would be required in the form of a bond payable to the City or a cash deposit. A permit to alter the sign, called a work permit, as with all signs, would be required. The altered sign must make use of the existing supporting structure. The property owner would be required to remove the sign within 30 days of expiration of the annual permit, if not renewed, or January 1, 1996. The temporary use permit fee would be $35 for a transfer fee and $5 for the work permit. All legally non-conforming signs were grandfathered. The first two variance criteria would be replaced with the following wording "literal compliance with the sign regulations would cause an unnecessary hardship because the property had a unique condition or feature that was not generally common to other properties". The Mayor opened the public hearing No one spoke in favor. Joe Dodd felt that the temporary amendments were not the remedy and was only a cosmetic solution. The sign ordinance had been the additional killing factor which had raised homeowner,s tax rates, kept some new businesses from opening, had eliminated real jobs in surviving shops and had killed marginally successful operations. The original ordinance was an effort to put one man out of business 427 City of Denton City Council Minutes November 5, 1991 ~ ' Page 9 and to outlaw tacky neighborhood signs. He felt that business owners did not need the City's permission to advertise their business. He stated that on December 2nd he would file a petition for an initiative and on December 7th a drive would begin to collect the less than 900 signatures needed to put the question of the sign ordinance before the citizens of Denton. The new ordinance would restore business rights. The proposed ordinance would read" for six months, from the enactment of this ordinance, there shall be no inhibitions by the City of Denton against commercial signage on private property. All previous such ordinances shall be null and void". Chuck Fremaux stated that according to the current ordinance, the sign on his business, which was in code when it was erected, was now no longer in code as he wanted to change the logo on the sign. He felt the proposed amendments to the ordinance would not be worth his time or any other small business owner's money or time to put up for a four year period. He felt four years was not fair. He felt the annual permit was merely a sign tax and the sign ordinance discouraged business in Denton. If the sign was in code when it was put up, why would it have to be taken down if the only change to it was a change of its face. Council Member Trent stated that there would be a four year period in order to change the signs. Fremaux replied that that was not enough time. Four years was not acceptable. His sign was in compliance when originally erected and as he was only changing the paint on the sign, why would it still not be in compliance. According to the current ordinance, the sign 28' high was now too high and should be 20' high. City Manager Harrell stated that with the current ordinance, before a change could be made to the face of a sign, it would have to conform to the provisions of the ordinance. With the provisions of the amendments, the current sign would be used for four years before it would have to conform to the sign ordinance. If the amendments were not passed, Fremaux could not use the current sign at all. Fremaux replied that the original ordinance and the proposed amendments were not acceptable. The Mayor closed the public hearing. Council Member Trent stated that the back-up materials indicated that all legally non-conforming signs would be grandfathered. If one of the goals of the City was beautification, why were there 428 City of Denton City Council Minutes November 5, 1991 Page 10 signs grandfathered. That would not allow the City to reach its goal. Robbins replied that it related to the options available. There was no legal way to take all the signage withoUt paying for the signs and there was no longer an amortization program. If a sign was new and there were a change of materials that carried a message, then there would have to be a new sign and that sign would have to conform. Council Member Trent asked how many signs would still be non- conforming but which would be grandfathered. Robbins replied hundreds. Council Member Trent stated that only a small percentage would be impacted of the sign community. Robbins replied that on an annual basis, that would be correct. However, over time there would be positive effects. Council Member Perry stated that there were triggers which would eventually take out most of the non-conforming signs even the grandfathered signs, in time. Robbins replied correct. Council Member Perry asked what the triggers wer~for making a non- conforming sign, conforming. Robbins replied that the sign might be abandoned, it no longer applied to the business it was advertising or the face was gone with only the supporting structure left. If the sign were damaged more than 60% of its value, it could not be replaced. If the sign were altered, such as the material which held the sign or a face change, then it would have to conform. The following ordinance was considered: 429 City of Denton City Council Minutes November 5, 1991 Page 11 91-156 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES TO ALLOW THE TEMPORARY USE OF A SIGN THAT REPLACES OR ALTERS A NONCONFORMING GROUND SIGN; PROVIDING FOR PERMIT PROCEDURES AND REQUIRING SECURITY TO INSURE COMPLIANCE; AMENDING THE CRITERIA FOR RECEIVING A VARIANCE AND ALLOWING THE SIGN BOARD OF APPEALS TO IMPOSE CONDITION; PROVIDING FOR A MAXIMUM PENALTY OF $2000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Perry motioned to adopt the ordinance with the following amendment - strike Sections I, II, III and IV from the proposed amendments and start with Section V. After a great deal of study, discussion and thought, a sign ordinance was adopted two years ago. The ordinance was designed to put some kinds of controls on signs. Much input had been received for the original ordinance. A number of businesses had complied with the ordinance. His motion would allow a continuation of the appeals process with some variances. There would be a process for a businessman to approach the Appeals Board and request relief. It allowed the current process to continue. There were plans in the capital improvements program to widen University Drive and put the utilities underground. He felt that if the ordinance were kept in place and the appeal process used, the process might increased. Council Member Alexander seconded the motion. Mayor Pro Tem Hopkins stated that she generally followed the recommendations of the recommending Board as they had spent many additional hours on issues. She did not see a reason to change that philosophy in this case. The biggest problem with the sign ordinance was the face change problem. The Planning and Zoning Commission had many discussion regarding this issue and voted 6-1 to recommend the amendments. A look at the current economy was needed. She could not vote to take out the sign face change. Council Member Trent questioned if the ordinance needed to be postponed in order to look at both Council Member Perry's concerns and Mayor Pro Tem Hopkins' concerns. Mayor Castleberry stated that the motion as proposed by Council Member Perry did not alleviate the problem with the Appeals Board. The original ordinance put too much pressure on businesses and was unfair to new bu~in~. Council Member Chew agreed and felt that the amendments would put 430 City of Denton City Council Minutes November 5, 1991 Page 12 the ordinance to rest. He felt the Council should accept the recommendations by the Planning and Zoning Commission. Council Member Smith felt that more input was needed. She felt the bonding and permitting needed more study and felt that perhaps a work session on the changes was in order to perhaps work out a compromise. Council Member Alexander stated that the community had spoken. He felt that the sign ordinance had created difficulties but that the advantages and disadvantages needed to be weighed. There had been a long and careful consideration by all of the various groups within the City with ample opportunity for input plus several public hearings. The decision to pass the original ordinance was a good decision. He felt that a careful reading of the minutes of the Planning and Zoning Commission revealed a feeling that some of the members felt the Council wanted a revision and so they made one. If the beautification program was to be taken seriously, the amendment as proposed by Council Member Perry needed to be passed. The proposed ordinance was unfair to the businesses which had already complied with the ordinance. Council Member Perry stated that the first four sections of the proposed ordinance stopped the process already in motion. Council Member Trent felt that Council Member Perry's motion was perhaps a step in the right direction but that it had not been studied enough. On roll vote, Trent "nay", Alexander "aye", Hopkins "nay", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "nay". Motion failed with a 4-3 vote. Chew motioned, Hopkins seconded to adopt the ordinance as presented. Council Member Alexander stated that he would vote for the portions of the amendment which related to the changes of variance procedures. He could not vote for the changes relevant to extending a four year period. Council Member Trent stated again that perhaps the ordinance needed to be studied further and perhaps needed to go to a conference committee for further analysis. Council Members Perry and Smith agreed. 431 City of Denton City Council Minutes November 5, 1991 Page 13 On roll vote of the main motion, Trent "aye", Alexander "nay", Hopkins "aye", Smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. B. The Council held a public hearing to consider alternative plans for adjusting voting district boundaries and gave staff direction with regards to preparing an ordinance. Harry Persuad, Senior Planner, stated that there were five plans originally presented. Options A and E had considerable interest. He presented the changes in district lines for Options A and E. Option E had four split county precincts. Total district changes in regards to population was approximately 11,698. The Black population would total 19.28% and the Hispanic population would total 15.7% which was a greater enhancement in terms of minority voting strength. Council Member Chew pointed out that while District One was enhanced with minority population but it was diluted in the other areas. Persuad continued that Option A showed the minimum amount of changes for voters. There were five split county precincts. He indicated to Council the changes in district lines. Total district changes in regards to population was approximately 2,159. The Black population had a 16.56% in District One and a 12.92% of Hispanic population in District One. The Mayor opened the public hearing. Winn Walton stated that there were three primary criteria mandated by law which must be followed in municipal redistricting. They were (1) the districts must be about the same size (2) "every effort" must be made to enhance the voting strength of minority groups, and (3) the district lines must be drawn "as far as possible" following the county precinct boundaries. Plan E showed the greatest amount of minority enhancement with 19%. Plan A showed 16% and the current plan was a little less than that figure. The primary concern of the students was that they were split into three different districts. They would like to have all the students in one district so that they could be represented on the Council. Plan E did move more people than Plan A did but sometimes that was necessary in order to make things better. Plan E met the criteria required by law better than any other plan. Council Member Trent asked Walton how many student districts were the same in Plan B. 432 City of Denton City Council Minutes November 5, 1991 Page 14 Walton replied that Plan B moved the boundaries even more and split the students even more. Council Member Alexander stated that there was a high percentage of University of North Texas student population which lived all over Denton and by concentrating a boundary line in and around the campus, was there really an increase in the percentage of student voters within that district in a significant way. Walton replied that he understood that roughly 70% of Precinct 410 was between the ages of 20-30. The students were highly concentrated on the campus. Bill Miller presented overheads on levels of voter concentration in the various precincts, the percent of people between the ages of 18-24 who were registered to vote in the precincts, the % of voters 25-30 who were registered to vote in the precincts, and the % of registered voters under 30 years old. He felt the students and minorities would be better served if they were more unified rather than split. Commuter students made up 13,000 of the total 27,000 student body population. Most students lived near the campus and he encouraged the Council to unify the campus area. Carl Young supported Plan E. He felt that a 6-1 plan was the best for the City but supported Plan E as an option. He felt that a 6-1 plan would put Denton closer to the people and reduce the expense of the Council. Plan A violated the spirit of the Voting Rights Act. Minorities did not have fair representation with Plan A as it diluted the voting strength for minorities. Plan E could be adopted for a year and then hold a charter election for a revision of the districts to a 6-1 plan. He stated that if the Council adopted Plan A he would file a suit for a 6-1 plan. Michael Alves spoke in support of Plan E. He felt a 6-1 system was better but that Plan E was a good compromise. He had experienced problems with the City which started out as minor problems and now were larger. He felt those problems were due to the fact of his age and the fact that he lived near the campus. If the students had their own council member, they would be more likely to vote. Council Member Perry stated that he and all of the Council Members took very seriously their responsibility to represent each citizen even when from a single member district. Every voter was involved in the election of at least three members of the Council. Every voter voted for the Mayor, for the at-large members and for the single member representative. City of Denton City Council Minutes November 5, 1991 Page 15 433 Alves disagreed that at times there were three different representatives for a single student. Christopher Jones stated that he was in favor of Plan E as it fulfilled the two main requirements set out by the Justice Department. It enhanced minority voting ensuring minority representation existed on the Council and cut across the fewest number of districts. He did not feel that argument that Plan E moved too many people was valid as it was the right thing to do. Students were one of the major sources of revenue for the City. However, they were forced under the current system and the proposed Plan A to try and balance with three Council Members. Another concern voiced was that students were not permanent residents. He felt that was not valid as this was similar to other areas where residents only stayed in an area for three years. He polled students at the University and the majority felt that the Council did not represent them. Mariah Boone stated that Plan E gave voting power to minorities and students. Students provided a lot of volunteer work in the community. Plan E was an adequate compromise for a 6-1 plan. Frank Davila, representing LULAC, felt that there was not enough Hispanic representation in government and that they should not be divided into several districts. Voting strength would be achieved if Hispanics were strong in one district. Under the current plan, Hispanics were not adequately represented on the City's Boards and Commissions. He felt a 6-1 plan would broaden the understanding of the Boards and Commissions and that no particular district would be represented by two votes. He urged the Council to consider a Charter amendment for a 6-1 plan. David Claibourne stated that Kerr Hall favored Plan E and urged the Council to consider that plan. Douglas Garay stated percentage-wise, there were more students who voted in a campus election than individuals who voted in the City election. The government was facing a chronic battle of low voter percentages. The students were wanting to change that and were making an effort. Option E would give the students a chance to lead the way in the voting. Joe Dodd stated the Council should consider the candidates for public office in Denton. There was no identity in the current districts as they were now divided. Option E would allow for an identity within the districts. 434 City of Denton City Council Minutes November 5, 1991 Page 16 Seth Persful felt that Plan E would be fairer and more equitable. Plan A would not be fair or equitable as it promoted status quo stagnation. Four out of seven Council people currently lived within one mile of each other. He felt that proved the necessity for redistricting. Plan E would provide student unification. The city had a moral obligation to make voting easier. Plan E offered minority unification. Whether speaking about minorities or students, they had a very valid voice in the community and that needed to be unified. Chris Turner felt that there was a need to promote a sense of duty and involvement among young people. They needed to be brought into the decision making process. Currently there was a lot of voter apathy. Young people should have the right to make a difference which was countered by not allowing student representation. He requested the Council consider Plan E. Karen Hicks was upset that students were divided. They needed to be united as they were on campus. She supported Plan E. Sarah Baer believed in a cooperative effort. She did not feel she was a transitory person in the community nor was anyone who attended the University of North Texas. She had worked extensively with community efforts in Denton. She was in favor of Plan E. Brian Bennett stated that 1,867 students went to the polls for a homecoming election to show participation for referendum items and for student assembly members. Last spring, 1,000 people voted in resident hall elections. Other major college cities such as Port Arthur, Beaumont, Bryan, College Station and Nacogdoches had some type of student representation on their city councils. That same type of representation was needed in Denton. Council Member Perry asked what type of representation Bryan and College Station had for students. Bennett replied that some of the cities had a non-voting seat and some had a voting representative. Steve zarella felt that if the campus were united, there would be one place to vote, would be less confusing and have more participation. Plan E would allow for more participation. Student registration was increasing and they needed representation. Trent Tice felt that Denton and the University of North Texas cQ~ co-exls% to benefit both Denton and the University. This was not possible if the University was divided into three different districts. Denton was growing as was TWU and UNT. This was a 435 City of Denton City Council Minutes November 5, 1991 Page 17 unique opportunity to enhance the minority population and the voice of the student body. He urged the Council to adopt Plan E. Carol Contee felt that the majority of the Council was in favor of Plan A as it was the easiest to be implemented. There would be less changing of lines and less work to be done. Would this be best for the City of Denton and for the minority population. She favored Plan E. A 6-1 plan would not improve the plight of the minorities in Denton and would not guarantee a minority seat. In her opinion, the Hispanics and African-Americans would comprise a combined total of 34.35% in District One which would be the largest percentage out of all options. Tom Thomas stated that a lot of the individuals who spoke in favor of Plan E were not speaking on behalf of themselves. They were speaking for thousands of students and citizens in Denton. Consumers, future business owners, future Council Members. They were the future of Denton and currently they were denied their future as they were split into different districts. He preferred a 6-1 plan but Plan E was a good compromise. Curtis Ramsey felt that the Council had seen and heard some of the "cream of the crop" of the educational system taking their proper responsibility as citizens of Denton. He asked the Council to listen carefully to them. The Mayor closed the public hearing. Council continued with a discussion of the boundaries of the various districts in Plan E, the boundaries of districts in Plan A and the differences between Plans A and E. Persuad stated that the current schedule was to hold an additional public hearing at the November 19 Council meeting and consider adoption of an ordinance for a particular plan to be submitted to the Justice Department. The Justice Department had sixty days to respond to the City's request. The time frame was important as a change in district boundaries might possible affect a candidate filing for office. City Manager Harrell indicated that staff was needing direction on which Plan the Council preferred so that an ordinance could be drafted. It would be possible for several ordinances to be prepared if the Council desired. 436 City of Denton City Council Minutes November 5, 1991 Page 18 Alexander motioned, Chew seconded to direct staff to prepare an ordinance for Plan A and Plan E for Council consideration. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Council Member Trent asked that Item 6.A.1. be pulled for discussion. Hopkins motioned, Chew seconded to approve the Consent Agenda with the exception of Item 6.A.1. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ae Bids and Purchase Orders: e Bid #1287 - Precast wall construction for Airport Substation 3. Bid #1288 - Oriole Street Paving 4. Bid #1292 - Cleaning of Anaerobic Digester 5. PO #20243 - J. S. Equipment Service Council Member Trent asked if the City would be the purchaser of the proposed equipment or would it be purchased by a third party. City Manager Harrell replied that the purchase would be a lease purchase but that the City would be the contractor. If approved, the Council would be accepting the low bid for the items. The prices would be valid for six months which would allow time to adjust quantities. It was being investigated if someone would want to sell the City used equipment. Council Member Trent was concerned with the possible suit filed by Texas Waste Management. Mayor Pro Tem Hopkins stated that no one knew how long a possible suit might be in court. The City should go forward with the decision Council made previously and not allow that to keep the City from doing business. Council Member Trent asked how the purchase of the equipment affected the projected profits. 437 City of Denton City Council Minutes November 5, 1991 Page 19 City Manager Harrell stated that the purchase had been figured into the numbers. In order to keep on schedule, the City needed to keep on track with the necessary purchases. Council Member Alexander stated that he recognized the concerns expressed by Council Member Trent but that the Council needed to focus on not allowing a threat to change the City's policy. Alexander motioned, Smith seconded to approve Consent Agenda Item 6.A.1. On roll vote, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. A. Bids and Purchase Orders: 1. Bid #1286 - Refuse Equipment 7. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid #1286) The following ordinance was considered: 91-157 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL 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. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (6.A.2. - Bid ~1287, 6.A.3. - Bid #1288, 6.A.4. - Bid #1292) The following ordinance was considered: 438 City of Denton City Council Minutes November 5, 1991 Page 20 91-158 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. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (6.A.5. - PO #20243) The following ordinance was considered: 91-159 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Denton County Friends of the Family; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. City Manager Harrell stated that Items D, E, F, G, H, I and J were formal contracts which implemented budgetary decisions that the Council made to enter into with social service agencies either with General Fund dollars or Community Development Block Grant dollars. The following ordinance was considered: 439 City of Denton City Council Minutes November 5, 1991 Page 21 91-160 AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs, Incorporated; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. Council Member Chew left the meeting. Mayor Castleberry stated that Council Member Chew was on the SPAN Board and therefor had to leave the meeting for this ordinance. The following ordinance was considered: 91-161 AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew returned to the meeting. F. The Council considered adoption of an ordinance approving a funding agreement between the City of Denton and Fred Moore Child Care Center; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: 440 City of Denton City Council Minutes November 5, 1991 Page 22 91-162 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Denton City-County Day Nursery; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: 91-163 AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Community Clinics for Denton County; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: 91-164 AN ORDINANCE APPROVINGANAGREEMENT BETWEEN THE CITY OF DENTON AND THE COMMUNITY CLINICS FOR DENTON COUNTY; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes November 5, 1991 Page 23 Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance approving an agreement between the City of Denton and the Denton Housing Authority to provide funding to TWU Cares, a primary health care clinic; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: 91-165 AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND DENTON HOUSING AUTHORITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Hope, Inc. to provide assistance for the homeless; authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. The following ordinance was considered: 91-166 AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND HOPE, INC. TO PROVIDE ASSISTANCE FOR THE HOMELESS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE FOR FUNDS THEREFOR; AND PROVIDE FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. K. The Council considered adoption of an ordinance amending Chapter 4, "Alarm Systems", of the Code of Ordinances of the City 442 City of Denton City Council Minutes November 5, 1991 Page 24 of Denton providing for definitions, providing for apartment complex owners to be responsible for apartment unit violations, providing for termination of alarm system permit; providing for a service charge for false burglar alarms; and providing for a penalty in the maximum of $500 for violations thereof. City Manager Harrell stated that the proposed ordinance would bring the City ordinance into compliance with a recently passed State law. The following ordinance was considered: 91-167 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 4, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR DEFINITIONS, PROVIDING FOR APARTMENT COMPLEX OWNERS TO BE RESPONSIBLE FOR APARTMENT UNIT VIOLATIONS, PROVIDING OR TERMINATION OF ALARM SYSTEM PERMIT; PROVIDING FOR A SERVICE CHARGE FOR FALSE BURGLAR ALARMS; PROVIDING FOR A PENALTY IN THE MAXIMUMOF $500 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye" Hopkins "aye" Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. L. The Council considered adoption of an ordinance amending Section 34-115 (C) (4) of the Code of Ordinances providing for the citizens Traffic Safety Support Commission to have final authority over appeals and variances involving parking lot/driveway permits. (The Planning and Zoning Commission and the Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that staff had received input from the Citizens Traffic Safety Support Commission which wanted their decisions to have more effect. Persons in development process want a shorter more concise variance proce~ for driveway~ and parking lots. The ordinance would shorten the development process by reducing the number of Commissions that the variance would be considered by. Council Member Trent asked if an individual appealed the decision of the Commission to Council, what the fee would be to do so.' Clark replied that at this time, there was no fee. implemented in the future if necessary. One may be 443 City of Denton City Council Minutes November 5, 1991 Page 25 The following ordinance was considered: 91-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 34-115 (C) (4) OF THE CODE OF ORDINANCES PROVIDING FOR THE CITIZENS TRAFFIC SUPPORT COMMISSION TO HAVE FINAL AUTHORITY OVER APPEALS AND VARIANCES INVOLVING PARKING LOT/DRIVEWAY PERMITS; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. M. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of employee group health insurance to Philadelphia American Life Insurance Company. City Manager Harrell stated that the proposed ordinance tracked the presentation made two weeks ago to Council. The following ordinance was considered: 91-169 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR THE PURCHASE OF EMPLOYEE GROUP HEALTH INSURANCE TO PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned to adopt the ordinance. Perry seconded with a suggestion for a wording change for the background information. He requested the wording be changed to "and other licensed mental health practitioners" on page 3, paragraph 2. Council Member Chew agreed with the change of wording. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. N. The Council considered adoption of an ordinance amending an agreement between the City of Denton and Sanus Texas Health Plan, Inc. to extend the contract by one month, to provide for revised fees for that month, and to provide for termination. 444 City of Denton City Council Minutes November 5, 1991 Page 26 The following ordinance was considered: 91-170 AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SANUS TEXAS HEALTH PLAN, INC. TO EXTEND THE CONTRACT BY ONE MONTH, TO PROVIDE FOR REVISED FEES FOR THAT MONTH, AND TO PROVIDE FOR TERMINATION; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye" Hopkins "aye" Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. O. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Coopers & Lybrand, Inc. relating to professional consulting services for implementing the City's Employee Health Insurance Program. 91-171 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COOPERS & LYBRAND, INC. RELATING TO PROFESSIONAL CONSULTING SERVICES FOR IMPLEMENTING THE CITY'S EMPLOYEE HEALTH INSURANCE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. P. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and the City of Garland for the purchase of four remote terminal S.C.A.D.A. units. (The Public Utilities Board recommended approval.) Lloyd Harrell, City Manager, stated that the City and other Texas Municipal Power Pool members had agreed to arrangements with the Brazos system for dispatching and electrical power interchange scheduling. The TMPP Pool Committee also agreed that Pool members should be responsible for the purchase of the remote terminal units required for their respective systems. The City of Garland received the best prices per RTU available. The City of Denton and 445 City of Denton City Council Minutes November 5, 1991 Page 27 the City of Greenville had opted to purchase their required units through Garland. The following ordinance was considered: 91-172 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GARLAND FOR THE PURCHASE OF FOUR (4) REMOTE TERMINAL S.C.A.D.A. UNITS; AND PROVIDING FORAN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Q. The Council considered adoption of an ordinance approving a compromise settlement and release agreement with Fernando Martinez. The following ordinance was considered: 91-173 AN ORDINANCE OF THE CITY OF DENTON, APPROVING A COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH FERNANDO MARTINEZ; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. R. The Council considered adoption of an ordinance approving the purchase of a utility easement from Patsy L. Hutton and authorizing expenditure of funds. Dave Ham, Manager of Construction Projects, stated that the easement was in conjunction with the purchase for water transmission line to the new water planton Hartlee Road. Mayor Pro Tem Hopkins questioned the fact that the notary public who notarized the document had the same last name as Ms. Hutton. Were they related and was that a properly notarized signature. City Manager Harrell indicated that staff would investigate the signature and would pull the item from consideration at this time. 446,' City of Denton City Council Minutes November 5, 1991 Page 28 S. The Council considered adoption of an ordinance amending Chapter 20 of the Code of Ordinances to create a duty to keep sidewalks, parkways and alleyways clean; providing for abatement by the City for failure to comply; and providing for a penalty in the maximum amount of $500 for violation thereof. City Manager Harrell indicated that this inadvertently when the Code was recodified. restore the previous ordinance. item was left out This ordinance would Mayor Pro Tem Hopkins asked if the proposed ordinance changed any previous provisions. City Manager Harrell replied no. It was exactly what was in the previous Code Book. City Attorney Drayovitch stated that it was what was in before. The codifiers thought it was covered by another section and in trying to streamline the Code, deleted it. However, it was discovered that it was Beautification,s enforcement proceedings. Council Member Trent stated that it did not transfer any liability from the City to another party. City Attorney Drayovitch stated that it would be the homeowner,s responsibility to keep the sidewalks clean. Council Member Trent asked that if the City made a homeowner put in a sidewalk and someone slipped on that sidewalk, who would be liable. City Attorney Drayovitch replied it depended on the facts. would be either or both. The following ordinance was considered: It 91-174 AN ORDINANCE OF THE CITY OF DENTON AMENDING C~APTER 20 OP TH2 CODE OR ORDINANCES OF THE CITY OF DENTON, TEXAS TO CREATE A DUTY TO KEEP SIDEWALKS, PARKWAYS AND ALLEYWAYS CLEAN; PROVIDING FOR ABATEMENT BY THE CITY FOR FAILURE TO COMPLY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 447 City of Denton City Council Minutes November 5, 1991 Page 29 Alexander motioned, Chew seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Resolutions A. The Council considered approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that this resolution would cast the City of Denton's 407 votes out of a possible 5,000 of all of the jurisdictions for one or more of the Board positions for the Denton Central Appraisal District. At a prior meeting, the City nominated Horace Brock. The School District had also joined that nomination. The Mayor and he had attended a meeting with a majority of the School District representatives who had indicated that both entities should cast their votes for a single nominee. The following resolution was considered: R91-066 A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Chew seconded to cast all 407 votes for Horace Brock. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution to allow the State of Texas to reimburse the City for signal maintenance. Jerry Clark, City Engineer, stated that the City currently maintained all signals in the City. This resolution would allow the State to reimburse the City for signals which were on the frontage roads, on controlled access highways and would net the City approximately $6,900 of revenue for maintenance and $6,055 for power costs. The following resolution was considered: 448 City of Denton City Council Minutes November 5, 1991 Page 30 R91-067 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATIONAND REIMBURSEMENT FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS; AND PROVIDING FOR AN EFFECTIVE DATE. Trent motioned, Chew seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution authorizing the City Manager to execute a lease agreement between the City of Denton and Ernest and Lewis Trietsch for property located at the City of Denton Municipal Airport. Rick Svehla, Deputy City Manager, stated that this was a continuation of a present lease. The following resolution was considered: R91-068 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ERNEST AND LEWIS TRIETSCH FOR PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT, DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent seconded to approve the resolution. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. A. The Council considered a request from Curtis Ramsey regarding a letter of support from the City Council to the Justice Department regarding the redistricting of Denton and authorizing the Mayor to forward such a letter of support. City Manager Harrell stated that Mr. Ramsey had written the City a letter requesting a letter of support from the Council to the Justice Department expressing the City's concerns regarding the State Legislative House Districts adopted by the last session of the Legislature. A copy of the letter authorized by the Council for the Mayor to send to the Governor had been included. 449 City of Denton City Council Minutes November 5, 1991 Page 31 Council discussed whether it would be proper to lobby the Justice Department, what effect such a letter would have and if the City still had the support of the Chamber and other groups as indicated in the previous letter. Hopkins motioned to write a letter under the Mayor's signature quoting the views already agreed on such as the split of the City three ways, the split of the Universities, etc. City Attorney Drayovitch suggested that before the terms of the letter were defined, a review should be made of other letters sent by LULAC and NAACP. Hopkins included in her motion that the letter be reviewed by Council at the next meeting. Alexander seconded the motion. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council received a report regarding flooding difficulties experienced in the City this week. Deputy City Manager Svehla stated that the most significant problem with flooding dealt with a bridge over Cooper Creek on Mayhill Road. Half of the bridge was in the City limits and half was in the County. He had spoken with Commissioner Cole and Dennis Burns, Director of Public Works for Denton County, about the bridge. They seemed agreeable to a joint project and suggested that the City write the County a formal letter suggesting that they pursue a joint funding agreement. The cost of this type of a bridge would be approximately $50,000. The damage to the bridge required that it be replaced. It could not just be repaired. Consensus of the Council was to proceed with the joint County agreement. 10. There was no official action taken on Executive Session items during the Work Session Executive Session. 11. New Business The following items were suggested by Council Members for future agendas: 450 City of Denton City Council Minutes November 5, 1991 Page 32 A. Council Member Trent stated that he had found out that if the City of Denton were willing to move in the direction of a K-9 unit, there were certain individuals who would be willing to finance such an operation. He requested the Manager look into such a program. City Attorney Drayovitch stated that some research had already been done in that area and that a legal report would follow. B. Council Member Smith presented an update regarding the Neptune Street residents and the Loop 288 project. She stated that Rick Svehla, Dr. Perry, a representative of the Highway Department and she had met with the neighbors and had a very productive meeting.- A plan for the wall had been presented. It was decided that the steps for the wall building would proceed. Lots of good communication had taken place. 12. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 11:22 p.m. cC~yiPER~LT~S OF~YENTON, TEXAS ACC00012 BOB CASTLEBERRY, MAYO~ CITY OF DENTON, TEXAS/ /