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Minutes April 07, 1992167 CITY OF DENTON CITY COUNCIL MINUTES APRIL 7, 1992 The Council convened into the Work Session at 5:15 p.m. Civil Defense Room. in the PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered settlement in David Solis v. City of Denton, considered action in Texas Waste Manaqement v. City of Denton, considered action in Gillespie v. City of Denton, and considered action in Smith vs. City of Denton), real estate (discussed acquisition of land for recreational purposes) and personnel/board appointments (considered appointments to the Board of Adjustment, Building Code Board, the Electrical Code Board, the Sign Board of Appeals, the Historic Landmark Commission, the Plumbing and Mechanical Code Board and the Planning and Zoning Commission). 2. The Council received a report and held a discussion regarding implementation of the 1986 bond program and gave staff direction. Lloyd Harrell, City Manager, stated that two weeks ago, the Parks and Recreation Board presented a recommendation to Council to consider reallocating $2.7 million, which had been obligated for two district recreation centers, to a substitute project which . would involve the expansion of the North Lakes Recreation Center and an addition of an indoor pool plus using $500,000 for major park land purchases. During that presentation, the Council asked the Park Board to review the needs of the Civic Center Pool with $500,000 as opposed to buying park land in the south part of the City and look for alternative funding for the land purchase. The Park Board was ready to present the options to the Council and if the Council was agreeable to present the options at a series of neighborhood meetings. Steve Brinkman, Director of Parks and Recreation, presented a schedule of the public meetings which included an additional meeting at the Senior Center and the North Lakes Recreation Center as suggested bylCouncil. There were three options which were to be considered. Option A involved the construction of North Lakes Center with the participation of the DISD and the use of $500,000 for the renovation of the Civic Center Pool. It was hoped that another $500,000 from a grant from the State Local Park Fund could also be used. Option A was the number #1 option of the Park Board and the one recommended by the Board. 168 City of Denton City Council Minutes April 7, 1992 Page 2 Dalton Gregory, Chair-Park and Recreation Board, stated that the Park Board had recommended last year that the Civic Center Pool be the first item to be considered in the 1995 bond issue if it was done. The Park Board agreed to go forward with the plan and to seek input from the community and felt comfortable with the concept. Norm Hatfield, Hatfield Crookless Architects, Inc., presented a review of the planning options for the renovation of the Civic Center Pool. They looked at the pool to determine what needed to be done, what could be done and what could not be done. The first part of the report dealt with the physical analysis of the current pool. In its present condition, the occupancy of the pool as a swimmers pool was approximately 402 swimmers. If the pool were converted to a leisure pool which would be geared more to the community but still have some competitive aspects, the occupancy would increase to 604. The second part of the report dealt with a summary of costs involved with the renovation of the pool in order to bring it up to standards as a competitive pool. The first item in that section dealt with the depth of the pool. The depth was not sufficient as there was a 3' turn around which needed to be 4' for competition. In order to provide for that depth, the pool coping would have to be raised 12". The cost for that would be approximately $151,000. Another item was the water purity standards of the pool. It was not possible, with the current piping system, to meet water purity standards at a minimum of 4 hour water turn around. No cost could be applied to that item as it was not attainable. The purity standard was still within regulations with a 6 hour water turn around time but the standard was moving towards 4 hours. Council Member Perry asked about safety in relation to a pool which would be partially competitive and partially leisure. Hatfield felt that there would not be a problem with the mixed use. The existing 3' depth at the south end of the pool was not of sufficient depth for turn around for a meet. A sanctioned meet could not be held at the pool in its present condition. Council Member Perry asked about the water purity. Hatfield stated that to meet the water purity standards at a minimum four hour turn around on the filtration cycle, the existing floor distribution piping system could not be achieved without doubling the floor piping network. Currently the water was £iltered through the system every six hours. The standard was moving toward a four hour turn around. If that happened, the sizing and inlets of the current piping would not allow for a four City of Denton City Council Minutes April 7, 1992 Page 3 169 hour turn around. Council Member Perry asked if that piping change could be done during the pool renovation. Hatfield stated that the second part of the report was a statement of why they were recommending that the pool be changed to a leisure pool. As a competitive pool, the pool in its present condition could not meet standards. In the long range planning within the $1 million renovation, there was a provision for a new filtration system. Council Member Perry asked at what stage was that new piping system. Hatfield replied that there were three proposed phases. Phase I would cost approximately $500,000 which would do pool repairs and prepare the pool for transition as a leisure pool. If a matching grant were received, $1 million would be used for Phase II which was the completion of the pool as a leisure pool. Council Member Perry asked if the new filtration system would be in Phase I or Phase II. Hatfield replied that it would be in Phase II. The $500,000 would simply continue the pool in its present configuration, doing repair work and bringing it up to current acceptable standards. City Manager Harrell stated that if approved by the Council, staff would immediately file for a grant application for matching funds for the $500,000. Work would not be done until the additional $500,000 was received. Phase I and Phase II would be implemented at the same time. Hatfield noted in the report an explanation and budgetary detail of what would be included in Phase I if there were only $500,000 to work with. If the matching grant were received, Phase II would be implemented. P~ase II included all of Phase I and Phase II. Council Member Trent asked if at the end of spending the $1 million would the City have a competitive pool. Hatfield replied that the pool would not be competitive by nature although there would still be facilities which would allow for competitive training. 170 City of Denton City Council Minutes April 7, 1992 Page 4 Brinkman stated that the pool would remain both recreational and competitive. Two-thirds of the pool would be recreational and one- third would be competitive. Hatfield stated that pages two and three of the report were an analysis of the pool that if the items were attainable and if they could be done what they would cost. The analysis was that the pool should not stay in its current configuration. It was recommended that the pool be converted to a leisure pool. Mayor Pro Tem Hopkins asked that if the DISD did not go forward with the bond election or if the pool item were defeated on the DISD's election, what would be the plans for the indoor pool. Brinkman replied that if the North Lakes Pool happened, the $500,000 would still be used for the renovation of the Civic Center Pool and also work to receive the grant from the State. If the North Lakes Pool did not happen and Option A was not used, the money would be invested in expanding the North Lakes Center and also use $500,000 to upgrade the Civic Center Pool. Mayor Pro Tem Hopkins stated that without the DISD participation on the North Lakes Pool, the City would not build a pool at North Lakes in the next addition. Brinkman replied that that was the Parks Board recommendation. Hatfield stated that if that were the option, the renovation of North Lakes would take into consideration the potential of a future pool. Council Member Smith asked what would happen to the Parks and Recreation swim team if the pool were not in a competitive condition. Brinkman stated that one part of the Civic Center Pool would remain competitive and meets could still be held there. Mayor Castleber~y asked if Phase I could be done without Phase II. Brinkman replied yes. City Manager Harrell stated that the $500,000 could not be spent in Phase I and then later do Phase II with a matching grant. An application would have to be submitted for matching funds of $500,000 for several years and if the grant was not received, then proceed with Phase I. City of Denton City Council Minutes April 7, 1992 Page 5 17I Council Member Smith stated that it took a year turn around time for the grant application so no work would be done on the Civic Center Pool for at least a year. City Manager Harrell replied that no major work would be done. Council Member Perry suggested that if the natatorium was not built could the money available be put in the Civic Center pool. Brinkman replied that that would be a possibility if the money were not available and the option two were implemented. Perry stated that his suggestion would use $1 million for the Civic Center Pool which would further reduce the bond money. He did not want to wait a year or two before doing anything at the Civic Center Pool. Mayor Castleberry stated that the consensus of the Council was to proceed with the application of the grant and begin the public meetings presenting the concept to the neighborhoods for feedback. Items #3 and #4 of the Work Session were considered during the Regular Meeting. The Council convened into the Regular Session at 7:15 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Smith and Trent. ABSENT: Council Member Perry 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The CounciI considered approval of the minutes of the Regular Sessions of March 3 and March 17, 1992 and the Special Call Sessions of March 11 and March 24, 1992. Council Member Perry joined the meeting. Trent motioned, Chew seconded to approve the minutes as presented. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 172 City of Denton City Council Minutes April 7, 1992 Page 6 The Mayor presented the following proclamations: "Week of the Young Child" "Public Safety Telecommunications Week" "National Library Week" "Fair Housing Month" "Drinking Water Week" "National Occupational Therapy Month" 3. Citizen Reports A. The Council received a citizen report from Carl Young regarding parks. Mr. Young stated that at a recent political rally at the Park, a noise complaint had been received by the Police Department. The Police Department responded with five squad cars to the event which he felt was excessive. He listed the problems he observed at Fred Moore Park which included: peeling basketball courts, exposed electrical wire on the light poles, low spots on the slab, more than half of the lights out, ants everywhere, poor maintenance of equipment, unsanitary bathrooms, no water available in the park, the current drain in the Park was dangerous. He requested a waiver of all user fees at the Park due to the economic conditions of the area. He stated that sidewalks needed to be built at the Park. Mayor Castleberry stated that staff would arrange for Mr. Young to speak at the Parks Board regarding these conditions. He felt that some of the problems were maintenance problems and that perhaps some of those could be taken care of in the near future. 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance approving a Specific Use Permit on a 21.97 acre tract of land located on the west side of Woodrow Lane, approximately 350 feet south of McKinney Street for the purpose of expanding the Denton County Jail facility. (The Planning and Zoning Commission recommended approval 6-0 at their meeting of March 25, 1992.) Frank Robbins, Executive Director for Planning, stated that this was a request for a specific use permit for the County's entire correctional facility. This would include the existing jail and juvenile detention center as well as the proposed expansion. The regulations governing zoning for a coun%y facility were different from landowners. The rule of "reasonableness,, was in effect. It had been determined by the-Planning and Zoning Commission and by City of Denton City Council Minutes April 7, 1992 Page 7 173 staff that the proposed use was reasonable. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-053 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE EXPANSION OF THE COUNTY JAIL ON 21.97 ACRES LOCATED ON THE WEST SIDE OF WOODROW LANE, APPROXIMATELY 350 FEET SOUTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 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. Item #4 from the Work Session was considered. 4. The Council received a report and held a discussion regarding the proposal for in-house collection of outstanding overdue fines and warrants/amnesty program. Sandra White, Municipal Judge. stated that the Municipal Court in conjunction with t~e City Attorney's Office, the Police Department and the Finance Department proposed that during the period from April 15, 1992 through May 4, 1992 the Court have an "amnesty" on all citations that were outstanding and overdue. The "amnesty" period would allow the Court to reduce the number of cases which were being handled by a variety of methods such as collection agency, warrants, extensions, pay plans and those being notified by postcard or letter that a ticket remained unresolved. The public would be notified of the amnesty period by newspaper articles in the Denton Record Chronicle and other area newspapers. The public would be notified that after amnesty ended, warrants would be issued and served. During the amnesty period the late appearance penalty would not be imposed. Once the period ended, anyone who did not take advantage of the program would be processed for warrant and all penalties and fees would be included. The Police 174 City of Denton City Council Minutes April 7, 1992 Page 8 Department would utilize its field officers to "round-up" offenders on these warrants, rather than just the Warrant Department. Consensus of the Council was that the proposal was a good one and that it should proceed. The Council returned to the regular agenda order. 5. Consent Agenda Mayor Castleberry stated that Item 5.A.7. had been pulled. Hopkins motioned, Chew seconded to approve the Consent Agenda. roll vote, Trent "aye", Alexander "aye", Hopkins "aye", "aye", Chew "aye", Perry "aye", and Mayor Castleberry Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. 5. 6. Bid #1342 - Substation Power Cable Bid #1346 - Street Maintenance Equipment Rental Bid #1351 - Trencher - Backhoe Bid #1347 - Nottingham Concrete Work Bid #1348 - Reroof Emily Fowler Library P.O. #23611 - Business Phone System B. Tax Refunds On Smith "aye". 6. Ordinances Considered approval of a tax refund to Pulaski Mortgage Co./Martha Sims and Sarah Bronstad for $534.30. A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1342, 5.A.2. - Bid #1346, 5.A.3. -'Bid #1351) The following ordinance was considered: No. 92-054 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. 175 City of Denton City Council Minutes April 7, 1992 Page 9 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. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.4. - Bid #1347, 5.A.5. - Bid #1348) The following ordinance was considered: No. 92-055 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 purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.6. - P.O. #23611) The following ordinance was considered: No. 92-056 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATELAW EXEMPTING iSUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Alexander 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. 176 City of Denton City Council Minutes April 7, 1992 Page 10 D. The Council considered adoption of an ordinance vacating an electric utility easement recorded in Volume 1473, Page 615 of the real property records of Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the original easement had been shown to be abandoned on the original replat but there was no corresponding documents filed which was a requirement. There were no electrical improvements or utilities in the easement. The following ordinance was considered: No. 92-057 AN ORDINANCE VACATING ANELECTRIC UTILITY EASEMENT RECORDED IN VOLUME 1473, PAGE 615 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Trent 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 authorizing the Mayor to execute an agreement with Freese & Nichols, Inc. for engineering services related to the design of improvements to the existing 5000 foot runway, taxiway and parking apron at the Denton Municipal Airport. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that this was another step in the process for the City to obtain an FAA grant to do the runway overlay and taxiway improvements. The agreement was contingent on the City receiving the grant. The Mayor had received a letter indicating that the grant would be forthcoming. The following ordinance was considered: No. 92-058 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH FREESEAND NICHOLS, INC. FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF IMPROVEMENTS TO THE EXISTING 5000 FEET RUNWAY, TAXIWAY AND PARKING APRON AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FLrNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes April 7, 1992 Page 11 177 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. F. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with Deloitte and Touche for consulting services to assist the City in the defense of certain pending litigation; and authorizing the expenditure of funds therefore. Debra Drayovitch, City Attorney, stated that she had previously written the Council regarding this proposed ordinance and she would respond to any questions from the Council. The following ordinance was considered: No. 92-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DELOITTE & TOUCHE FOR CONSULTING SERVICES TO ASSIST THE CITY IN THE DEFENSE OF CERTAIN PENDING LITIGATION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Alexander motioned, Chew seconded to adopt the ordinance. Council Member Trent stated that the City was about to spend more money on a subject which he was not in favor. He wanted to settle the issue without going through such a long involved and expensive process. On roll vote of the motion, Trent "nay", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 7. Resolutions A. The Council considered approval of a resolution opposing Congressional legislation that would allow broadcasters to charge local cable operators a retransmission fee. (The Cable T. V. Advisory Board recommended approval.) Bill Angelo, Director of Community Services, stated the Cable T. V. Advisory Board had spent several months reviewing proposed legi~latlon which would revise %he Cable Telecommunications Act of 1984. One provision would allow broadcasters to negotiate and charge a fee to local cable operators for retransmission of their 178 City of Denton City Council Minutes April 7, 1992 Page 12 signals. The Cable Board as well as the National League of Cities and the American Public Power Association felt that this would be an increase in subscriber fees and were opposed to the inclusion of any retransmission fee provisions in any proposed cable legislation. The following resolution was considered: No. R92-017 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON OPPOSING CONGRESSIONAL LEGISLATION THAT WOULD ALLOW BROADCASTERS TO CHARGE LOCAL CABLE OPERATORS A RETRANSMISSION FEE; AND DECLARING AN EFFECTIVE DATE. Alexander motioned, Perry 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. B. The Council considered approval of a resolution authorizing the Mayor to execute an interlocal agreement with the County of Denton for the construction of improvements to Country Club Road from U. S. 377 to FM 1830. Rick Svehla, Deputy City Manger, stated that this was one of the projects in the County bond issue. There was a small portion of County Club Road which was in the City limits thus the County needed the City's permission to work on the road. The following resolution was considered: No. R92-01~ A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE COUNTY OF DENTON FOR THE CONSTRUCTION OF IMPROVEMENTS TO COUNTRY CLUB ROAD FROM U.S. 377 TO FM 1830; AND DECLARING AN EFFECTIVE DATE. · ren% motioned,~ Hopkins 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 participation in purchasing programs of the State Purchasing and General Services Commission; designating a City representative to sign and deliver all necessary documents in 179 City of Denton City Council Minutes April 7, 1992 Page 13 connection therewith. Tom Shaw, Purchasing Agent, stated the resolution would allow the City, at its option, to participate in the State's purchasing power. The following resolution was considered: No. R92-019 A RESOLUTION AUTHORIZING PARTICIPATION IN PURCHASING PROGRAMS OF THE STATE PURCHASING AND GENERAL SERVICES COMMISSION; DESIGNATING A CITY REPRESENTATIVE TO SIGN AND DELIVER ALL NECESSARY DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Hopkins-motioned, Smith 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. D. The Council considered approval of a resolution supporting the efforts of the Student Governments of the University of North Texas and Texas Woman's University to form a joint committee to facilitate communication with the student population. The following resolution was considered: No. R92-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON SUPPORTING THE EFFORTS OF THE STUDENT GOVERNMENTS OF THE UNIVERSITY OF NORTH TEXAS AND TEXAS WOMAN'S UNIVERSITY TO FORM A JOINT COMMITTEE TO FACILITATE COMMUNICATION WITH THE STUDENT POPULATION. Perry 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. 8. The Council considered approval of a request by AirDenton, Inc. to install a self-service 100 low lead card-reading system and 24 hour fueling pump accommodations. Rick Svehla, Deputy City Manager, stated that this approval would allow for a fuel pump and self-service operation. 180 City of Denton City Council Minutes April 7, 1992 Page 14 Smith motioned, Chew seconded to approve the request. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Trent asked about the possibility of installing a security camera system at the Airport. Mayor Castleberry stated that this item would be a New Business item for staff. 9. The Council considered a request from the Delta Lodge to allow the use of amplifiers and musical instruments on Sunday, April 12, 1992 from 12:30 p.m. to t0:00 p.m. at the North Texas State Fairgrounds for the Fry Street Fair. Catherine Tuck, Administrative Assistant, stated that the Delta Lodge had contracted with the Fair Association to hold the Fry Street Fair at that location. The Lodge was requesting an exemption to the noise ordinance to allow the use of amplifiers and musical instruments on Sunday. Mayor Castleberry stated that the Council had requested the City Manager and the Mayor to meet with the Fairgrounds officials to help facilitate the use of the Fairgrounds for the event. Mayor Pro Tem Hopkins stated that in fairness to the students who were gracious enough to agree to try and work out the event at the Fairgrounds and the fact that the Council asked the City Manager and Mayor to talk with the Board, she felt it would be unfair not to allow the request. No other group had been held to this regulation. Hopkins motioned, Chew seconded to approve the request. Council agreed that the students had made a great effort to follow all the conditions set before them and that in fairness, the request should be approved. on roll vo%e, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, D~e~ented the following items: A. A reminder of the joint meeting with the School District City of Denton City Council Minutes April 7, 1992 Page 15 18I which was Friday, 11:30 a.m. at the Administration Building. B. The next TML Region 8 meeting was April 24 and Council needed to make reservations soon. C. The latest sales tax figure was in and was up $62,000 over the budget projection for the month. Work Session Item #3 was considered. 3. The Council received a report and held a discussion concerning the provisions of the Intermodal Surface Transportation Act of 1992 dealing with illegal and non-conforming signs on IH35, US380 and US377 and gave staff direction. Frank Robbins, Executive Director for Planning, stated that the Act dealt with the permitting of off-premise sign on IH35, Hwy 380 and Hwy 377. The Act required stricter enforcement of outdoor advertising sign regulations and stipulated the removal of all illegal signs erected along Interstate and Federal-Aid Primary Highways by March 18, 1992. The Federal Highway Administration could withhold 10% of Federal highway funds from states which did not comply with the mandate. Denton was certified to control outdoor advertising signs in lieu of State control. Therefore, Denton must remove all illegal signs on the Interstate and Federal- Aid Primary highways in its jurisdiction by June 18, 1992. An illegal sign was one that had been erected for the purpose of off- premise advertising without consent from the State or certified city. In February, staff had sent letters to the 34 signs owners/businesses informing them that they must receive an annual permit by March 1, 1992. If the owner did not want to permit the sign, the sign was to be removed by March 15, 1992. Council Member Alexander asked for the number of signs involved. Robbins replied there were 30 illegal signs which were not permitted or had a State license. Council Member Smith asked what was the area of jurisdiction. Robbins replied the area was the Denton city limits. Council Member Trent asked where a majority of the signs were located. Robbins replied there was no particular area but most of the signs were on I35. 182 City of Denton City Council Minutes April 7, 1992 Page 16 Council Member Perry asked about the attitude of the people with the illegal signs. Robbins replied that initially there were 136 signs and the number was now down to 30. There appeared to be good compliance. Consensus of the Council was to proceed with the staff recommendation. 11. The following official action was taken on Executive Session items discussed during the Work Session: A. Hopkins motioned, Perry seconded to nominate following to Boards and Commissions: Mel Willis - Planning and Zoning Commission George Spuller - Historic Landmark Commission Gene Gumfory - Sign Board of Appeals the on roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. New Business The following items of new business were suggested by Council Members for future agendas: A. Mayor Castleberry noted Council Member Trent's request for a security camera at the Airport. 13. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned at 9:00 p.m. SEC T Y CITY OF DENTON, TEXAS YOR/ CITY OF DENTON, TEXAS/ / ACCOOOTE