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Minutes January 05, 1993162 CITY OF DENTON CITY COUNCIL MINUTES January 5, 1993 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 Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in the condemnation cases of City of Denton v. John Porter, et ux; City of Denton v. Fryman & Wolski; and City of Denton v. M. T. Cole Trust), real estate and personnel/board appointments (considered appointments to the Citizens Traffic Safety Support Commission and the Historic Landmark Commission). 2. The Council received a report and held a discussion regarding amending the sign ordinance and gave staff direction. Frank Robbins, Executive Director for Planning, stated that he would go through each issue recommended by the Planning and Zoning Commission and make a final recommendation on each of those items. 1. Face Changing - the Planning and Zoning Commission recommended allowing non-conforming signs to be altered so long as they were no more non-conforming. The temporary use permit/comply by January 1, 1996 provision would be deleted. Council Member Brock felt that the extreme position would be to allow any face changing as long as it would not be more non- conforming. An intermediate position would be to allow a change on a multiple face sign. Council Member Miller felt that the entire issue had been looked at and felt that the recommendation was for any sign to be changed. Mayor Pro Tem Hopkins stated that she could support the recommendation. Council Member Smith asked if there would be a permit required to change the face of a sign. Robbin$ replied yes that a permit would be needed to change the face. The sign could not be any more non-conforming. Council Member Smith asked if it were still under the 60% rule. Robbins replied yes. 163 City of Denton City Council Minutes January 5, 1993 Page 2 Council Member Perry asked if the current standards in the ordinance would remain with the recommendation. Robbins replied yes. Council Member Perry stated that a permit would not be issued if the sign did not comply with the ordinance chapter. Robbins replied yes that it would still apply. Council Member Perry asked if a change in the ordinance would not eliminate everything in the present ordinance. Robbins replied correct. Council Member Miller stated that if the sign were currently non - conforming, the rules and regulations would be changed. Non- conforming signs would have to be treated as a conforming sign relative to face changing and all other rules would apply. Council Member Brock expressed concern that changing this provision would invite anyone who wanted to be unpleasant long enough to continue to attack the sign ordinance. Word had gone out that it was hard to do business in Denton but that was not true. Would the Council be giving legitimacy to people who attacked the City by allowing these changes. She was concerned about the spin-off from these changes. If she supported this measure, she would not be willing to take new issues which might arise. Mayor Castleberry viewed the current position as a hardship on an existing business or future business and was receptive to the recommendation. Council Member Chew stated that he had no problem with the face changes as long as all signs could be changed. He would have a problem if the recommendation would apply only for a certain group of signs. He agreed with Council Member Brock that he would turn a deaf ear to anyone who wanted to talk regarding the sign ordinance in the future. The Chamber of Commerce should be working with the Council to promote Denton and not be perpetuating the idea that Denton was a hard place to do business. Council Member Brock stated that she had a concern that in the public hearing the word "esthetics" had been used in conjunction with the sign ordinance. This was not an esthetics issue but was an economic issue. She did not want the position to develop that in the future, the city would have to say to a potential business or potential resident that they should not judge Denton by the way 164 City of Denton City Council Minutes January 5, 1993 Page 3 it looked. This was a serious economic development issue. For the small business person sign regulation Could be helpful as he did not have to get into sign competition. Council Member Miller pointed out that the Council had put the item on the agenda. There had been no specific request that he knew about. It had come out of the last political campaign. The issue involved various people with different points of view and felt that it had been a bringing together process rather than a disagreeable process. He felt it was important on the how the Council did something rather than what. Consensus of Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding face changing. #2. Abandoned signs and supporting structures - the Planning and Zoning recommendation was for a "use or lose" provision whereby abandoned signs and supporting structures could be used and grandfathered like other non-conforming signs, if the sign or supporting structure had a blank face or a bona fide sign within 90 days of passage of the ordinance. Council Member Perry asked what would have to be done in that 90 day period. Robbins stated that this provision was only dealing with an existing structure. The change in the ordinance would indicate that the sign would have to do have something done to it or it would have to be taken down. The sign would have to have a blank face or a message would have to be on it. Council Member Brock asked if the provisions would apply within 90 days after the sign had became abandoned. Robbins stated that a sign was not abandoned until it did not advertise a business for 6 months. Ninety days after that it would have to be used or lost. Safeguard issues included (1) there must be a solid, completQ singlQ color ~ov~r, (2) bagging or incomplete covering would be prohibited, (3) if there were no face, the face must be one which the structure was designed to carry, (4) a permit would be required, (5) a dilapidated or deteriorated condition must be abated, (6) blanking or using would not be allowed if it were over 60% of the sign's value, (7) no certificate of occupancy would be issued if there were an illegal sign on premises and (8) if the supporting structure was without a face, the face effective area must be conforming. 165 City of Denton City Council Minutes January 5, 1993 Page 4 Council Member Brock asked if the safeguards would take care of Council Member Miller's previous concerns. Council Member Miller replied yes. There had been other language suggested by the Chamber but he did not know the difference between the two proposals. Mayor Castleberry asked if a sign were plastic and the business moved, would that blank face have to be replaced with plastic. Robbins replied not entirely. It could be painted if the entire sign were painted. The Council might want to add to the ordinance that the sign may painted but that it could not bleed through. Consensus of Council was unanimous to direct staff to prepare an ordinance following the Planning and zoning recommendation regarding abandoned signs and supporting structures. #3. Effective area calculation - the Planning and Zoning Commission recommended (1) changing the enclosed area shape from a parallelogram to any regular shape or combination of shapes, (2) for signs with attached faces, measuring each face if the angle at attachment was greater than 45 degrees, and (3) measuring the copy area only of signs on walls, fences or buildings - the method currently used. Consensus of Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding effective area calculation. ~4. Special sign district - the recommendation from the Planning and Zoning Commission was to decrease the qualifying frontage from 600 feet to 300 feet. Consensus of Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding special sign district. #5. Monument signs - the Planning and Zoning Commission recommended defining monument signs and increasing the effective area for monument signs on Loop 288 from 150 square feet to 200 square feet and on IH35 from 250 square feet to 300 square feet. Council Member Perry stated that the provision did not apply to any other areas other than those mentioned. Robbins replied correct that it only applied to two roads and only for monument signs. 166 City of Denton City Council Minutes January 5, 1993 Page 5 Consensus of Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding monument signs. #6. Allowance of banners on building walls without a permit or standards - the Planning and Zoning Commission recommended denial and recommended adding a 30 day separation period between permits and required a display of a permit tag on permitted wind devices. Mayor Pro Tem Hopkins asked for the current regulations. Robbins replied the current regulation was for 3 permits per year, 30 days per permit which could run consecutively. Mayor Pro Tem Hopkins stated that the recommendation was more restrictive. Robbins replied yes because of the 30 day separation between signs. Council Member Smith stated that a business could have a sign for 30 days, then be without a sign for 30 days and then have a sign again for 30 days which would remove the provision for three a year. Robbins replied that the provision would remain to only have three per year. Council Member Miller asked if currently a permit was required. Robbins replied yes that it was a $20 fee. Council Member Miller stated that that would not change. Robbins replied correct. City Manager Harrell stated that this had been a provision which the City had been lax in enforcement. It would be enforced when the ordinance was passed. Mayor Castleberry asked if the citY's provisions would be in conflict with the State regarding lottery banners. Robbins replied no. Consensus of Council was, Council Member Miller indicating nay, to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding denial of banners on buildings without a permit or standard. 167 city of Denton city Council Minutes January 5, 1993 Page 6 Consensus of the Council was, Council Member Miller and Mayor Castleberry indicating nay, to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding a 30 day separation period between permits. #7. Disallow banners over streets - the Planning and Zoning Commission recommended denial and to add a $60 fee to cover the cost of Utilities putting up and taking down these wind devices. Consensus of the Council was, Mayor Pro Tem Hopkins and Council Members Smith, Chew and Perry indicating nay, to direct staff to prepare an ordinance following the recommendation of the Planning and zoning Commission regarding disallowing banners over streets. Consensus of the Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and zoning Commission to add a fee to put up and take down the banners. #8. Temporary and stake signS - the Planning and zoning Commission recommended establishing a new category of regulated signs called temporary signs and to put stake signs in this category. Any size stake would be allowed to support the temporary sign. Robbins felt there might be a problem if any size stake were allowed. The recommendation was a 4X4 size stake with any message as long as it met the standards. Council Member Miller stated that the problem before appeared to be the size of the support. This was to be a temporary sign and not a permanent sign. Robbins replied correct that it might be a legal issue as to the definition of "temporary". City Manager Harrell stated that the Council could fall back on some time period. The Council did not want to create a loop hole for temporary signs to become permanent. Council consensus was unanimous to follow the recommendation of the Planning and Zoning Commission regarding a 4x4 stake size provision and to direct staff to work on appropriate legal language regarding the definition of "temporary". Due to time constraints, this item was continued during the Regular Session under Miscellaneous Matters from the city Manager. 3. The Council received a report and held a discussion regarding procedures for City of Denton elections and gave staff direction. 168 City of Denton city Council Minutes January 5, 1993 Page 7 This item was considered during Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Chew, Perry, Smith and Miller. ABSENT: Council Member Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Meeting of December 8, 1992. Perry motioned, Chew seconded to approve the minutes as presented. On roll vote, Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council considered approval of a resolution of appreciation for Carmen Morales. Council Member Brock joined the meeting. The following resolution was considered: RA93-001 RESOLUTION IN APPRECIATION OF CARMEN MORALES Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Presentation of Keep America Beautiful National Award. The award was presented to Council by Dick Engle, Chair - Keep Denton Beautiful Board. He also presented a Certificate from the President regarding Keep American Beautiful and Keep Denton Beautiful. 169 City of Denton City Council Minutes January 5, 1993 Page 8 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 1.156 acre tract from the Multifamily - one (MF-1) District to the Planned Development (PD) District with a detailed plan on property located between Avenue A and McCormick, north of Greenlee and 1-35, also known as the Greenhill Garden Apartments, for the purpose of a sorority residence and meeting hall. Z-92-022 (The Planning and zoning Commission recommended approval 5-0.) Frank Robbins, Executive Director for Planning, stated that the sorority proposed to use the existing apartment complex and the ordinance would be changing the use from apartment to sorority through a planned development. One of the main issues was off street parking. There was not enough off street parking on site for the meeting room and the sorority. The sorority had developed a list of alternatives to get individuals to the meetings. It could not use off street parking when having meetings. The proposal exceeded the landscaping standards and intensity had already been allocated. 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. 93-001 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR 1.156 ACRES OF LAND LOCATED EAST OF MCCORMICK STREET, WEST OF AVENUE A, AND NORTH OF GREENLEE STREET (COMMONLY KNOWN AS GREENHILL GARDEN APARTMENTS) FROM MULTIFAMILY-1 DWELLING DISTRICT (MF-1) TO PLANNED DEVELOPMENT WITH CONDITION (PD [c]); PROVIDING FOR THE APPROVAL OF A DETAILED PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. HoDkins motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 170 City of Denton City Council Minutes January 5, 1993 Page 9 B. The Council held a public hearing and considered a proposal for a variance to Sections 34-124 (e) and (f) of the Subdivision and Land Development Regulations, regarding drainage improvement requirements at Lakewood Addition, Lots 1-19, Block A. The approximately 22.7 acre development was located on the north side of Orchid Hill Lane, near its terminus at Pilot Knoll Park, in Denton's extraterritorial jurisdiction. V-64 (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Executive Director for Planning, stated that this was a variance to two provisions of the drainage provisions of the subdivision regulations. One dealt with an underground drainage requirement and the second dealt with the regulations of open channel drainage. The variance was proposing to use the natural drainage which was in place. The Planning and Zoning Commission found that all three criteria had been met for variance requests. The Mayor opened the public hearing. Tim Fleet stated that he had some pictures of the area for Council which indicated the natural draw of the drainage. The Mayor closed the public hearing. Council Member Perry asked if the development would impact the flow of drainage on the Corps property. Robbins replied no. Hopkins motioned, Brock seconded to approve the variances. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Council Member Brock stated she had a question about Bid #1433. She did not understand why there was only one bidder and asked if the bid was in line with what was anticipated. Bob Nelson, Executive Director for Utilities, stated that it was within the anticipated bid. Denise Harpool, Senior Buyer, stated that there probably was only one bidder as this was a large ~or~ and ~he kind of equipment necessary was very costly. They had solicited from six firms who had the capabilities but some were busy with other jobs and others were not interested. 171 City of Denton City Council Minutes January 5, 1993 Page l0 Perry motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 2. 3. 4. Bid #1436 - Distribution Transformers Bid #1433 - Bore Across 1-35 at Exposition Mills Bid #1440 - Fire Station #4 Driveway Bid #1447 - North Lake Parks II 7. Ordinances A. The Council considered adoption of an ordinance acce~ting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid #1436) The following ordinance was considered: No. 93-002 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "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 #1433, 6.A.3. - Bid #1440, 6.A.4. - Bid #1447) 172 City of Denton City Council Minutes January 5, 1993 Page 11 The following ordinance was considered: No. 93-003 AN ORDINANCE ACCEPTING COMPETITIVE BIDSAND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance approving settlement in Smith v. City of Denton. The following ordinance was considered: No. 93-004 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE IN THE MATTER OF SMITH V. THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "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 relating to the Medical Dispatch Training Program. Rick Svehla, Deputy City Manager, stated that the 9-1-1 District had proposed to fund the training for the telecommunicators. Two of the City's dispatchers had already been trained. The District indicated that it would support the training costs if the cities in the District would show support for the program. Council Member Brock asked if the funding money came from the State. Svehla replied that it came from the 9-1-1 District rate structure. The following resolution was considered: 173 City of Denton City Council Minutes January 5, 1993 Page 12 No. R93-001 A RESOLUTION RELATING TO THE MEDICAL DISPATCH TRAINING PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "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 City Manager to execute an easement to GTE Southwest, Incorporated, for the location of facilities upon city property. Rick Svehla, Deputy City Manager, stated that the resolution would allow GTE to located a cabinet on the northeast corner of Fire Station #4. Currently there was nothing on that part of the lot on Kings Row and the Fire Chief had no problem with the location of the cabinet. The following resolution was considered: No. R93-002 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT TO GTE SOUTHWEST, INCORPORATED, FOR THE LOCATION OF FACILITIES UPON CITY PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "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 Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services. City Manager Harrell stated that this was a routine agreement approved once before by the Council. The Commissioners Court reformatted the agreement to segregate the dollar numbers although the total dollar amount was the same. This was an annual contract with the County. The following resolution was considered: 174 City of Denton City Council Minutes January 5, 1993 Page 13 No. R93-003 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITy OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution consenting to the exercise of the power of eminent domain by the Upper Trinity Regional Water District for the regional treated water transmission line from Denton to Old Alton. Bob Nelson, Executive Director for Utilities, stated that the City had a contract with the UTRWD to sell wholesale water. The delivery point for that water was IH35 and Lillian Miller Parkway. The District would need to run a 21 inch pipeline from that location down Lillian Miller, Hwy. 2181 and then to Old Alton. Part of the original agreement from the Legislature was that the UTRWD could not condemn any right-of-way without city permission to do so. This resolution would grant the UTRWD the right of eminent domain if necessary. Mayor Pro Tem Hopkins asked if this resolution in no way incurred liability on the part of the City. Nelson replied no that it was a similar agreement to one the City had for a natural gas line easement. Mayor Pro Tem Hopkins stated that this then would just be an easement. Nelson replied yes. Mayor Pro Tem Hopkins stated that the UTRWD would not be working on City streets. Nelson replied that they would be off of the street and would be securing right-of-way separate from the City's right-of-way. Mayor Pro Tem Hopkins sta~d ~ha~ th~ UTRWD would have to pay all of the costs. Nelson replied yes that the City did not have any liability. 175 City of Denton City Council Minutes January 5, 1993 Page 14 Mayor Pro Tem Hopkins stated that the City would not be fronting any money for the District on any condemnation they might have to deal with. Nelson replied correct. Council Member Perry asked if this system would become part of the City's distribution system in the future. Nelson replied yes that the City was working on a participation agreement for a part of that pipeline and the City would have the right to buy out part of that line from the intersection of IH35 to just past Ryan Road if it were not needed by the District in the future. City Attorney Drayovitch stated that as the City would be owning and using a part of the line that the city would be paying part of the condemnation proceedings for the proportionate share of the line. Nelson replied correct that the part of the line which the City would be participating in, whatever was the City's volume share of that pipeline as compared to the District's volume share, the City would pay that proportionate share of the pipeline. The following resolution was considered: No. R93-004 A RESOLUTION CONSENTING TO THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUCTION OF THE REGIONAL TREATED WATER TRANSMISSION LINE FROM DENTON TO OLD ALTON, AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered approval of a resolution declaring the City of Denton's disapproval of the proposed change in the Denton/Tarrant County boundary line. City Manager Harrell stated that this resolution was at request of the Denton County Commissioners Court. It would formally put the Council on record for support of the Commissioners' stand to oppose Tarrant County's proposal to move boundary lines. 176 City of Denton City Council Minutes January 5, 1993 Page 15 Mayor Pro Tem Hopkins stated that she felt strongly about the resolution and that the Council should endorse the resolution. The following resolution was considered: No. R93-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS DECLARING THE CITY OF DENTON'S DISAPPROVAL OF THE PROPOSED CHANGE IN THE DENTON/TARRANT COUNTY BOUNDARY LINE; AND PROVIDING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered an appointment to the Library Board. Council Member Chew nominated Dorothy Minter to the Library Board. Mayor Pro Tem Hopkins moved to cease the nominations. On roll vote, Brock "aye", Miller "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, presented the following items: A. Denton would be the site of new movie, "A Matter of Honor" which would be filmed at North Lakes and UNT. B. There would be a presentation by the auditors at the next regular meeting of the Council. He asked the Council to bring the annual financial report which had been distributed at a previous meeting. C. The next Council meeting would be the mid-year planning review session which would start at 1:30 p.m. and adjourn at 9:00 p.m. The Council returned to the Work Session Items. Work Session Item #2 - The Council received a report and held a discussion regarding amending the sign ordinance and gave staff direction. 177 City of Denton City Council Minutes January 5, 1993 Page 16 Frank Robbins, Executive Director for Planning, continued with proposed Amendment #9. #9. Signs on IH35 - the Planning and Zoning Commission recommended measuring the height of signs along IH35 from the main lanes or the ground, whichever was higher and also recommended a resolution to change Texas law to allow logo signs in IH35 right-of-way. Consensus of the Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding the measurement of signs along IH35 and the preparation of a resolution to allow logo signs in IH35 right- of-way. #10. Flags - the Planning and Zoning Commission recommendation was to deny allowing more national flags. Currently a state flag and a U.S. flag were allowed, a~y height and any size. The current ordinance allowed for a third flag no higher than 30 feet high and no larger than 50 square feet in effective area. If the ordinance were made content neutral, there could be any kind of flag for the third flag. Consensus of the Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission allowing no more flags. Consensus of the Council was a majority, Council Member Chew indicating nay, to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding content neutral issue for flags with no change in height or size. #11. Sign Separation - the Planning and Zoning Commission recommended allowing a 60 foot separation rather than a 400 foot separation between signs on one premise where two or more signs were allowed. Council Member Brock asked Robbins to review the circumstances under which a premise could have more than one sign. Robbins replied that currently on a single street premise, the premise had to have 500 feet of frontage. If a premise had more than two streets, it could also have a sign on each one of those streets. That provision would not be affected by the sign separation standard. city Attorney Drayovitch asked how many stake signs were allowed on a property. 178 City of Denton City Council Minutes January 5, 1993 Page 17 Robbins stated that it was unlimited. Mayor Castleberry stated that this provision would reduce the standard from 400 feet to 60 feet apart. Robbins replied correct for permanent ground signs. Mayor Pro Tem Hopkins asked if it were only applying to a 500 foot front. Robbins replied that it only applied in a situation where there was 500 feet of frontage which would allow two signs. Mayor Pro Tem Hopkins asked for the rationale for the 60 foot provision. Robbins stated that it spoke to sign clutter on a given premise. It might limit the number of signs on a given premise. Consensus of the Council was a majority, Council Member Smith indicating nay, to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding sign separation. #12. Clarification issues - the Planning and Zoning Commission had recommended a list of clarification issues which would clarify the existing standards and procedures. Consensus of the Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding the clarifications issues. #13. Recommendation of any other changes - Robbins asked if there was anything else the Council would like included in the ordinance. Council Member Perry stated that he would like to clarify the issue regarding "content neutral". He would like a definition included in the ordinance. City Attorney Drayovitch stated that her staff was working on a definition to be included in the ordinance. #14. Fees - the Planning and Zoning Commission recommended adding a fee of $75 for signs over 250 square feet, a $50 fee for special exception petitions, and a $60 fee for banners put up over the street. 179 City of Denton City Council Minutes January 5, 1993 Page 18 Consensus of the Council was unanimous to direct staff to prepare an ordinance following the recommendation of the Planning and Zoning Commission regarding fees. Robbins stated that the complaints would not end regarding the sign ordinance. He felt that the complaints would be in the area of banners and the I35 sign issue and it would be difficult to do the 90 day use or lose provision. Council would receive complaints regarding those provisions. Staff would need support/direction from Council regarding enforcement. Did the Council want the ordinance enforced on something other than on a complaint only basis. Did the Council want staff to be proactive in enforcing the provision of the ordinance. For example, staff rarely received any complaints regarding banners. Should staff require the banners to comply without any kind of citizen complaint. Council Member Miller stated that currently there was an ordinance which was not being enforced regarding banners. The proposed change would be for a 30 day separation for banners. The current ordinance regarding abandoned signs was not stringent and the proposed ordinance would be more lenient. The proposed ordinance should be proactive. When the ordinance was completed, Council must be fair to staff and follow the provisions of the ordinance. There should be reasonable but tough enforcement. Council Member Perry stated that he was also concerned with citizens as well as staff to make all comply with the provisions of the ordinance. If the Council passed the proposed ordinance, he intended to move in the direction of enforcement. Otherwise there was not any point in having an ordinance. Council Member Chew stated that he agreed with Council Members Miller and Perry in that the ordinance should be enforced. Council Member Smith felt that the only evenhanded fair way would be to enforce the ordinance across the board and not to wait for a complaint. Council Member Brock felt that there might be some complaints in areas where the proposals were weakening the provisions of the ordinance. There might be the perception that the new restrictions would be harsher when in reality the old provisions were harsher. Mayor Pro Tem Hopkins stated that Council wanted to work with the City and with businesses and did not want to be unfair. Council gave a lot of time to the ordinance and did not do it to not have it enforced. Staff would not have to worry about the Council not supporting them with enforcement. 180 City of Denton city Council Minutes January 5, 1993 Page 19 Council considered Work Session Item #3 - The Council received a report and held a discussion regarding procedures for City of Denton elections and gave staff direction. city Manager Harrell stated that a decision needed to be made regarding the upcoming elections. The next City Council election would be held Saturday, May 1 and would involve the four single member districts as well as the at-large school district election. This would be a combined election as in the past with the City and the School Board appearing on the same ballot. As staff began preparing for the upcoming election, the basis of the plan was to have arrangements with the County Clerk which were similar to prior elections which involved the City Secretary as the primary individual responsible for running the election but with coordination with the County Clerk. The net effect of that allowed the City to use County voting booths and tabulation equipment for punch card balloting. The cost to the City previously was a small materials charge and personnel costs for tabulation. The total bill was approximately $600. It had been indicated that that price would go up some this year. On that basis, a discussion was held with the County Clerk regarding an outline of a preliminary agreement which would be approved by the City Council and the Commissioners Court. Two changes contemplated in a working agreement between the County Clerk and the City Secretary included a clarification regarding the County Clerk having the responsibility and control of the tabulating room. This was a City suggestion as there was some confusion during the last election regarding who was in charge of the tabulating room. The City wanted it clearly spelled out in an agreement who would be in control of the tabulating room with City observers being authorized and provided for in the working agreement. The second change was a major desire of the County Clerk in order to provide a effective election. His strong feeling was that early voting should occur at the same site as early voting occurred for all other elections which was at the County building on Oak Street. The County Clerk would provide the facility at no cost to the City should the Council agree to the change. His rationale for the change was that in order to serve the voters best, it would be better to have consistency for early voting and there had been occasions when there was a conflict with a voter regarding early voting and that individual would end up in his office regarding eligibility to vote. The County Clerk felt that if the location were neutralized, it might minimize those kind of citizen concerns and questions. A change in location would make it easier to do City business at City Hall. Ail of those changes were put into a working document. However, another wrinkle had turned up in the form of a possible special election to fill the unexpired term of Senator Bentson. The speculation was that the election would be held May 1, 1993. 181 City of Denton city Council Minutes January 5, 1993 Page 20 This additional election complicated the matter. Option one would be to continue the traditional relationship with the County Clerk whereby the City would run the election and the County would count the ballots and would mirror the agreement. Problems associated with that option included that if the special election were held on May 1, a major delay would probably occur in releasing the totals in the city election. The County Clerk would do the County election first and then tabulate the City results. This would probably result in very late results. A way around that would be to have a common ballot which the County Clerk would be willing to do. A problem with that would be that as the City's election dealt with single member districts, the County would have different precincts from City district lines and in some cases voters would have to go to different polling places which might cause more confusion for voters. The County Clerk had stated that he could deal with that problem. Staff felt if the city continued with the County Clerk, it would be better to count ballots after the County and leave the voting the current places. Advantages with this option were that the system was familiar, the cost was reasonable, it utilized modern voting equipment, and the City would be working -- with people knowledgeable about elections. The second option would be to use paper ballots. Some large cities still use paper ballots but it might be perceived as a step backward. It was a workable option as ballots could be counted during day so that there would be no long delay for results. Option three involved the use of an outside firm to tabulate the punch cards. The firm would bring in its own tabulating equipment, computers, and operators which were set up on site. All the necessary pre-tests were done, the results tabulated and certified. The major disadvantage of this option was that it was very expensive. Current cost was approximately $600 for the County and this option could cost approximately $7500. Staff needed a decision from Council. If it decided to work out an agreement with the County Clerk and was agreeable to the change for early voting, a submission needed to be made soon to the Justice Department for preclearance on the change. If the Council wanted to work out an agreement with a private firm, that needed to be done as soon as possible as other cities in the area would be having the same problem which might result in the firms not being available. Council Member Smith asked if the city had its own voting machines. City Manager Harrell stated no that they came from the County Clerk. Council Member Smith asked if a private firm would provide that equipment along with the tabulating equipment. 182 City of Denton City Council Minutes January 5, 1993 Page 21 City Manager Harrell replied that if the private firm's tabulating equipment was compatible with the County's voting equipment, the County Clerk had indicated that the City could use his equipment. If the tabulating equipment was different, the voting machines would have to be rented from the firm. Council Member Smith asked where the School District stood in this matter. City Manager Harrell stated that the School District indicated that they would participate in the cost of a private firm and had a feeling that they would rather go with the County or hire a private firm as opposed to using paper ballots. If a private firm were used, staff would suggest using a paper ballot for a runoff as the cost would be too prohibitive to use a private firm. Council Member Brock asked who would be in charge of early voting if the draft contract were used and who would be determining who would be eligible to vote. City Manager Harrell stated that the same procedure as before would be followed. The City would hire the election judges who would conduct the early voting. Those judges would be in residence at the County location but would not be delegated to the County Clerk. Council Member Chew indicated that he had problems with the date of the election and wondered if the date of the election could be changed. He had a problem associating wi~h partisan elections and that was one of the problems he felt with moving the early voting from City Hall to the Oak Street location. He felt that the City could handle its own election. He had had enough partisan involvement in elections. City Manager Harrell replied that uniform election dates had been established and thus the City could not change the date of the election. Council Member Smith stated that the point Council Member Chew made regarding partisan Dolitics was an excellent reason for not having a common ballot. She felt strongly that there should not be a common ballot a partisan election. Mayor Pro Tem Hopkins felt that the Council might be worrying about something that might not happen. She felt paper ballots would be the worse option to do. The best option was to contact the Secretary of State and the Governor's office and indicate that it was imperative to have a date set regarding the special election. She did not feel it was good to have early voting at City Hall. 183 City of Denton City Council Minutes January 5, 1993 Page 22 City Manager Harrell stated that if Council wanted to enter into an agreement with the County and if the arrangements were all right, staff would need to preclear that change of early voting. If the arrangements were not satisfactory, and the Council did not want to hold early voting at Oak Street, then there might be an obstacle that the County Clerk would not tabulate the city's results. Council Member Brock asked for a clarification regarding why the County Clerk had that problem. If no one from his office would be there, why would that eliminate problems. City Manager Harrell stated that the County Clerk felt it would take away two problems. One was the criticism he heard regarding the changes in polling places. The second concerned a few individuals who continually presented problems during the election. There would be a confrontation regarding eligibility to vote and those individuals who were not satisfied with the city Secretary's response would go to the County Clerk with a complaint. The County Clerk felt that by putting the early voting in a more neutral location those complaints might lessen. Council Member Brock felt that a response at Oak Street would not make a any difference as a response on McKinney. City Manager Harrell replied that the County Clerk very strongly felt that this was a very important point to be addressed to help him determine what involvement he wanted in our election process. If the Council wanted to hold early voting at City Hall, it might play out that he would rather not be involved in the City election. Then the Council would either use paper ballots or contract with a private firm. Council Member Perry stated that the idea that the City would be unable to be autonomous with respect to its own election and to where its own voters and citizens went to vote and to make decisions regarding their eligibility, and do those things necessary to conduct an election was something he felt very strongly about. He felt that if the city was not able to be autonomous with respect to the city election, then alternative three was sensible. He wanted to avoid anything that would look like the City was not able to conduct its own election. It was one of the most crucial of all things that the City had responsibility for. It was one thing to cooperate with equipment and counting ballots and another thing to take over the election. He felt strongly that the City should maintain complete autonomy with respect to the election process. The confusion which might result with changing places and the impositions placed on citizens would not be acceptable. 184 City of Denton City Council Minutes January 5, 1993 Page 23 Council Member Miller did not agree with the idea of the perception of partisan politics overlapping on early voting. There probably would be three elections on that Saturday, one for the City, one for the School District and one for the Senate. It did not make sense to have citizens going all over the City to vote. One stop voting would make sense and if that were done, then the city must have control over the process. The election would not be turned over to County but the City should be able to coordinate with them. If, for example, a private firm were used and that firm had equipment compatible with the County's and then there was a problem, it could be argued forever what caused the problem. The pros and cons needed to be weighed regarding the receiving of the results for the cost involved and any potential additional controversy. It made sense to have the election at one place and negotiate with the County to have the elections at one place. One other possibility dealt with low turnout in elections. If the voters would go to one place, there might be a positive impact to increase voter turn out for City elections. Mayor Castleberry stated that it appeared that the consensus of the Council was to not go with paper ballots. Council Member Brock indicated that one problem mentioned was a room appropriate for a for tabulating room if a commercial tabulator were used. She suggested that perhaps the DISD would let the City use their Board Room. City Manager Harrell indicated that that was not really a problem and could be done at City Hall. The problem was the contracting with a firm that the City did not have prior dealings with. If the County Clerk tabulated the election, there would be a bit more assurance of quality control. Council Member Smith asked if the central election place would be only for early voting or would all voting be in a central place for May 1. City Manager Harrell stated that the County Clerk's strong feeling wa~ for the early voting looation. If the Council f~lt it would b~ better to have a common ballot and receive results earlier in evening, the County Clerk would be willing to do that which would in all likelihood increase the confusion of the voters. Council Member Perry stated that he favored holding early voting in City Hall and felt that the City ~ould do the election job. Mayor Pro Tem Hopkins stated that she would yield to the wishes, short of paper ballots, of the other single member seats as they City of Denton City Council Minutes January 5, 1993 Page 24 185 would probably be running for office again. She felt that a majority of Council wanted the County to count the votes if it could be worked out with County Clerk without having him run the other election. If not, she agreed that there might be problems but would favor a private firm. She felt that the Council wanted the County to count votes if the County Clerk would do that. If not, contract with a firm. Council Member Smith stated that she favored starting with option three - having the City hold the election, contract with a firm to tabulate the results and discuss with the DISD to share the expense. She felt that if a firm were experienced in that field, there would be no more problems than the city had experienced with the County. She was in favor of option three. Mayor Pro Tem Hopkins stated that that would be spending $3150 more than would have to be spent. Chew motioned, Smith seconded to consider Option Three. On roll vote, Brock "nay", Miller "nay", Hopkins "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion failed with a 4-3 vote. city Manager Harrell asked for a clarification. Council would like staff to go back to the County and ask for their cooperation and coordination but want to keep early voting at City Hall. The City would want the County to do the other aspects as in the past. Council Member Brock felt that giving the County the control of the tabulation room with some guidelines would be good. There needed to be clear guidelines who would be in the room and the situation needed to be clarified. Council Member Perry felt strongly about the early voting place. Hopkins motioned, Miller seconded to consider an amended version of option One to ask the City Manager to advise the County Clerk that the City would hold early voting at City Hall and would need his assistance to count the votes and would he continue to do that with guidelines in the tabulating room. In no way would the City relinquish control of the election. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 11. The following official action was taken on Executive Session Items considered during the Work Session Executive Session: 186 city of Denton City Council Minutes January 5, 1993 Page 25 Perry motioned, Brock seconded to nominate Carolyn Bacon to the citizens Traffic Safety Support Commission. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. New Business There were no items of New Business suggested by Council Members for future meetings. 13. There was no Executive Session held during the Regular Session. With no further business the meeting was adjourned 9:15 p.m. J~NiF~WALTERS~ CH SEORETARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY~R~ CITY OF DENTON, TEX~S ACCOOOD7