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Minutes March 02, 1993265 CITY OF DENTON CITY COUNCIL MINUTES March 2, 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, Perry, smith and Miller. ABSENT: Cou.ncil Member Chew 1. The Council convened into the Executive Session to discuss: A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered settlement offer in Charline Rodgers claim. 2. Considered action in Debbie S. Wriqht v. City of Denton. 3. Received and considered legal advice pertaining to the requirements of the Open Meetings Act. 4. Considered claim of Goldfield's. B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Considered acquisition of an option to purchase land near Foster Road. 2. Considered action in condemnation cases of City of Denton v. Cole Trust No. 1, city of Denton v. John Porter, et ux and City of Denton v. Fryman & Wolski. C. Personnel/Board Appointments -- Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. Continued the annual evaluations of the City Manager, the City Attorney and the Municipal Judge. Council Member Chew arrived during the Executive Session. 2. The Council received a report and held a discussion regarding Section 9 Federal Transit Administration financial assistance and gave staff direction. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 3. The Council received a report and held a discussion regarding the results of the Council's budget priority questionnaire. 266 City of Denton City Council Minutes March 2, 1993 Page 2 This item was. considered during the Regular Session under 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 Brock, Chew, Perry, Smith and Miller. ABSENT: None 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 Session of February 9, 1993. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: "Blue Ribbon Day" "Believe It Or Not I Can Week" "Keep Denton Beautiful Volunteer Day" 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending the sign regulations of Chapter 33 of the Code of Ordinances by adding terms to enhance enforcement of the ordinance in Sections 33-1, 22-121, 33-126, 33-149 and 33-166; by amending definitions in Sections 33- 2, 33-3, 33-4 and 33-91; by amending Section 33-62 regarding flags; by amending Section 33-65 regarding wind devi~e ~ign~; by amending Section 33-95 regarding destruction and repair; by adding a Section 33-98 regarding nonconforming sign permits; by adding a Section 33-127 regarding certificates of occupancy; by amending Section 33-146 regarding manner of measurement, and illustrating sign copy; by amending Section 33-147 regarding abandoned signs and supporting structures; by adding a Section 33-148 regarding sign face standards; by amending Section 33-181 regarding signs in residential districts; by amending Section 33-182 regarding signs in non-residential districts and particular monument signs; by 267 City of Denton City Council Minutes March 2, 1993 Page 3 amending Section 33-183 regarding planned development and special sign districts; by amending Section 33-184 regarding wind devices (banners) and temporary signs in central business districts; by amending Section 33-211 regarding temporary signs; by adding a Section 212 regarding wind devices (banners) and flags; by deleting Section 33-213 regarding replacing or altering nonconforming ground signs; by repealing Article 6 including Sections 33-211 through 33- 226 and adopting a new Article 6 and a Section 33-221 regarding illustrations; by amending Section 33-253 regarding sign plans; by consolidating Sections 33-254 and 33-255 regarding creation, review of plans and criteria for sign districts; by amending Section 33- 256 regarding conditions imposed upon sign districts. (The Planning and Zoning Commission unanimously recommended approval.) Frank Robbins, Executive Director for Planning, stated there were four sign issues on the agenda for this meeting. He reviewed the sign issues which the Council had been discussing in previous meetings. In addition to this public hearing, there was a public hearing concerning special sign districts, an ordinance relating to a sign permit fee for signs larger than two hundred fifty square feet, and a resolution requesting the Texas Legislature to adopt legislation regarding the use of logo reader boards. The Mayor opened the public hearing. Chuck Carpenter, Denton Chamber of Commerce, stated that he appreciated the open line of communication between the Council and the Chamber/business community regarding this issue. He appreciated any positive consideration the Council could give the proposal. Carl Anderson, Denton Chamber of Commerce, stated that he appreciated the Council's openness concerning this issue. He felt that the proposed ordinance addressed the Chamber's concerns and encouraged the Council to approve the ordinance. David Biles, Denton Chamber of Commerce, thanked the Council for being receptive to the concerns of the public. He urged the Council to vote for the proposed ordinance. He felt it would provide uniformity to the new businesses to Denton and uniformity to current businesses. He felt that there would be a day when all nonconforming signs would not be present. The Chamber encouraged the Council to enforce the new ordinance. A brochure would be prepared to inform businesses and residents of the provisions of the sign ordinance. He thanked the Council for their help and cooperation with the proposed ordinance. 268 City of Denton City Council Minutes March 2, 1993 Page 4 Joe Dodd did not feel that the passage of the proposed ordinance would be a big issue in Denton. He stated that the Chamber of Commerce had impressed him in this issue and felt that the Chamber was more business oriented than it ever was. With the passage of this proposed ordinance, the Council would be restoring rights to the property owners. Rights that should not have been taken away in the first place. There needed to be a very compelling reason to take rights away from citizens. Just because someone did not want to look at something was no reason to remove someone's property rights. There was a distrust of government and he hoped that by giving the citizens back some of their rights with the sign ordinance, some of that distrust would be removed. Mark Flegge spoke in opposition. He felt that the original spirit of the ordinance had been lost. He asked if this was a business issue or a visual pollution issue. He thought it was a visual pollution issue. The change in the ordinance had been driven by 1.7% of the Denton population which was the Chamber of Commerce. Of that 1.7% of the population, 186 respondents were driving the issue. This was a quality of life issue. Every citizen in Denton had to live and travel and see the signs within the community. He did not know how many people in the Chamber of Commerce lived in Denton. He did not think the issue would help the Denton business community and would be a negative issue. He felt that Denton would look like every other community outside of Dallas. The grandfathering and face change issue would take a long time to change. He urged the Council to be vigorous when dealing with enforcement. He did not believe the ordinance would encourage growth. He felt that there could not be a beautiful city and a sign ordinance as proposed. He was looking for a user friendly community which attracted businesses and people because of the quality of life of which the visual aspect had a lot of impact. The Mayor closed the public hearing. The following ordinance was considered: No. 93-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGULATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES BY ADDING TERMS TO ENHANCE ENFORCEMENT OF THE ORDINANCE IN SECTIONS 33- 1, 33-121, 33-126, 33-149, AND 33-166; BY AMENDING DEFINITIONS IN SECTIONS 33-2, 33-3, 33-4 AND 33-91; BY AMENDING SECTION 33-62 REGARDING FLAGS; BY AMENDING SECTION 33-65 REGARDING WIND DEVICE SIGNS; BY AMENDING SECTION 33-95 REGARDING DESTRUCTION AND REPAIR; BY ADDING A SECTION 33-98 REGARDING NONCONFORMING SIGN PERMITS; BY ADDING A SECTION 33-127 269 City of Denton City Council Minutes March 2, 1993 Page 5 REGARDING CERTIFICATES OF OCCUPANCY; BY AMENDING SECTION 33- 146 REGARDING MANNER OF MEASUREMENT, AND ILLUSTRATING SIGN COPY; BY AMENDING SECTION 33-147 REGARDING ABANDONED SIGNS AND SUPPORTING STRUCTURES; BY ADDING A SECTION 33-148 REGARDING SIGN FACE STANDARDS; BY AMENDING SECTION 33-181 REGARDING SIGNS IN RESIDENTIAL DISTRICTS; BY AMENDING SECTION 33-182 REGARDING SIGNS IN NON-RESIDENTIAL DISTRICTS AND PARTICULAR MONUMENT SIGNS; BY AMENDING SECTION 33-183 REGARDING PLANNED DEVELOPMENT AND SPECIAL SIGN DISTRICTS; BY AMENDING SECTION 33-184 REGARDING WIND DEVICES (BANNERS) AND TEMPORARY SIGNS IN CENTRAL BUSINESS DISTRICTS; BY AMENDING SECTION 33-211 REGARDING TEMPORARY SIGNS; BY ADDING A SECTION 33-212 RE- GARDING WIND DEVICE SIGNS (BANNERS) AND FLAGS; BY DELETING SECTION 33-213 REGARDING REPLACING OR ALTERING NONCONFORMING GROUND SIGNS; BY REPEALING ARTICLE VI INCLUDING SECTIONS 33- 221 THROUGH 33-226 AND ADOPTING A NEWARTICLE VI AND A SECTION 33-221 REGARDING ILLUSTRATIONS; BY AMENDING SECTION 33-253 REGARDING SIGN PLANS; BY CONSOLIDATING SECTIONS 33-254 AND 33- 255 REGARDING CREATION, REVIEW OF PLANS AND CRITERIA FOR SIGN DISTRICTS; BY AMENDING SECTION 33-256 REGARDING CONDITIONS IM- POSED UPON SIGN DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to adopt the ordinance. Council Member Brock stated that she was committed to the idea that there should not be ordinance which was not enforced and urged enforcement of the ordinance. She felt that Denton did not look like other communities surrounding Dallas/Fort Worth as parts of Denton were very trashy. She would like to see everyone work together to clean up areas of the City and create a more favorable impact when others came to the City. She felt that this would be a pro-business stand. The City would not progress unless it projected the image of a quality city. Council Member Miller stated that this had been a long and interesting process. The Council had responded to the concerns of citizens in the community regarding signs. He planned to vote for the ordinance even though he did not agree with all the provisions of the ordinance. There had been a considerable amount of time put into the proposed ordinance and felt that the changes would be beneficial for Denton. Even with the changes, the essence of the present ordinance would be intact. With these changes, no sign could be more nonconforming and the provisions would be more user friendly. The sign ordinance established minimum standards. He felt that over time more and more business people would agree with the idea that appearance and quality of life issues were not in 27O city of Denton City Council Minutes March 2, 1993 Page 6 conflict with business. He hoped that in time there would be voluntary compliance with the provisions. He did not believe that the sign ordinance was the cause of non-economic growth in Denton. The changes which would be made in the sign ordinance might result in a longer period of time to get to the final goal regarding sign compliance. He did not feel it was a beautification issue. Everyone wanted the community to be more attractive. The differences with the sign ordinance was how to accomplish the goal of a more attractive city. He agreed that enforcement was crucial but the City staff could only enforce it if Council supported the idea of enforcement. The Council needed the businesses support for enforcement. He thought the Planning and Zoning Commission had done a tremendous job with the recommendations they forwarded to Council. Council Member Smith stated that she agreed with the other Council Members. She had some reservations with portions of the ordinance but felt it was a good compromise on a whole. She thanked all those who worked on the proposed ordinance. Council Member Perry stated that the ordinance had gone through many processes and had presented many opportunities for public input. He was pleased that the ordinance had many opportunities to be discussed. Council Member Chew thanked everyone who had worked on the sign ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry expressed appreciation to the Chamber, the Planning and Zoning Commission and the Council regarding this issue. B. The Council held a public hearing and considered adoption of an ordinance amending Chapter 35, Zoning, concerning signs in Planned Development Districts. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. 271 City of Denton City Council Minutes March 2, 1993 Page 7 The following ordinance was considered: No. 93-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES BY ADDING SECTION 35-154.01 RELATING TO DEVIATION TO THE GENERAL SIGN REGULATIONS BY AMENDING ARTICLE IV REGARDING PLANNED DEVELOPMENT DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN 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 held a public hearing and considered adoption of an ordinance designating the property at 915 West Oak Street a historic landmark under Article V of the Comprehensive Zoning Ordinance. (The Planning and Zoning Commission and the Historic Landmark Commission recommended approval.) Jane Biles, Main Street Coordinator, stated that was a request from a property owner for rezoning of a residence within the boundaries of the Oak-Hickory Historic District. Much research had been done regarding the history of theproperty and the application had been very well done. The house was in its original condition from its construction. The Preservation officer, the Historic Landmark Commission and the Planning and Zoning Commission recommended approval of this zoning change. 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: 272 City of Denton City Council Minutes March 2, 1993 Page 8 No. 93-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 915 WEST OAK STREET AS A HISTORIC LANDMARK UNDER ARTICLE V OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith 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. D. The Council held a public hearing and considered adoption of an ordinance amending the zoning regulations of Chapter 35 of the Code of Ordinances relating to Historic Landmarks preservation and Historic Districts by changing the title of Section 35-219 from "Exterior Alterations and Changes; Ordinance Maintenance; Appeals" to "Exterior Alterations and Changes; Minor Exterior Alteration; Ordinary Maintenance; Appeals; Historic Landmarks" and by amending subsection (A) of Section 35-219 entitled "Certificate of Appropriateness" to provide for an application procedure for proposed work in a Historic District to be filed pursuant to an ordinance maintenance procedure, minor exterior alteration procedure, standard procedure, or emergency procedure and setting forth criteria for denials of applications and appeals to the City Council and amendments to Certificates of Appropriateness; and by repealing subsections (B), (C), (D), and (E) of said Section 35-219 relating generally to building permits. (The Historic Landmark Commission recommended approval and the Planning and Zoning Commission recommended approval.) Jane Biles, Main Street Coordinator, stated that this was a change in the historic preservation ordinance as requested by the Historic Landmark Commission to facilitate the process that property owners within the Oak-Hickory Historic District or property owners of a designated landmark must adhere to when they wanted to make changes to their property. The ordinance would provide for a three tiered process divided into general maintenance, minor repair and a full renovation. Under the current ordinance, minor repair to a designated landmark or property located in the Historic District required approval by the Historic Landmark Commission. The proposed ordinance would allow approval of minor repairs by the Director of the Planning Department. The purpose of the proposed ordinance was to facilitate the property owners when minor ohang~s were necessary. Any major renovations would still require the approval of the Historic Landmark Commission. Appeal of staff decisions would be referred to the Historic Landmark Commission. 273 City of Denton City Council Minutes March 2, 1993 Page 9 The Mayor opened the public hearing. Judith Abbott, Chair-Historic Landmark Commission, stated that this ordinance was the culmination of approximately six months of work. The current ordinance required the property owner to go through a complete hearing for minor repairs. The process would be streamlined to make those minor changes easier for the property owner. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: MO. 93-032 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO HISTORIC LANDMARKS PRESERVATION AND HISTORIC DISTRICTS BY CHANGING THE TITLE OF SECTION 35-219 FROM "EXTERIOR ALTERATIONS AND CHANGES; ORDINARY MAINTENANCE; APPEALS" TO "EXTERIOR ALTERATIONSAND CHANGES; MINOR EXTERIOR ALTERATION; ORDINARY MAINTENANCE; APPEALS; HISTORIC LANDMARKS" AND BY AMENDING SUBSECTION (A) OF SECTION 35-219 ENTITLED "CERTIFICATE OF APPROPRIATENESS" TO PROVIDE FORANAPPLICATION PROCEDURE FOR PROPOSED WORK IN A HISTORIC DISTRICT TO BE FILED PURSUANT TO ANORDINARYMAINTENANCE PROCEDURE, MINOR EXTERIOR ALTERATION PROCEDURE, STANDARD PROCEDURE, OR EMERGENCY PROCEDURE AND SETTING FORTH CRITERIA FOR DENIALS OF APPLICATIONS AND APPEALS TO THE CITY COUNCIL ANDAMENDMENTS TO CERTIFICATES OF APPROPRIATENESS; AND BY REPEALING SUBSECTIONS (B), (C), (D) AND (E) OF SAID SECTION 35-219 RELATING GENERALLY TO BUILDING PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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. E. The Council held a public hearing with regard to the proposed annexation of 3.85 acres located east of 1-35 and south of Milam Road. (A-61) Harry Persuad, Senior Planner, stated that this was the first of two public hearings to allow interested persons to speak on the 274 City of Denton City Council Minutes March 2, 1993 Page 10 proposed annexation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. There was no action on the item as this time. F. The Council held a public hearing and considered adoption of an ordinance amending Article II, Chapter 34 relating to development standards and requirements in the extraterritorial jurisdiction to define and classify two distinct divisions with differing rules, regulations and platting requirements separated by a regulatory line to be periodically reviewed and updates; and providing for injunctive relief for violators thereof. (The Planning and Zoning Commission recommended approval.) Harry Persuad, Senior Planner, stated that the proposed ordinance would divide the extraterritorial jurisdiction in two areas. Division One was located within the regulatory line and Division Two was located in the extraterritorial jurisdiction and outside the regulatory line. The ordinance would apply the city's subdivision regulations to Division One. The subdivision standards of Denton County would apply to all areas located in Division Two. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following o~dinance wa~ considered: 275 city of Denton City Council Minutes March 2, 1993 Page 11 No. 93-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF CHAPTER 34 ENTITLED SUBDIVISION AND LAND DEVELOPMENT BY CHANGING SECTION 34-38 RELATING TO DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE EXTRATERRITORIAL JURISDICTION TO DEFINE AND CLASSIFY TWO DISTINCT DIVISIONS WITH DIFFERING RULES, REGULATIONS AND PLATTING REQUIREMENTS SEPARATED BY A REGULATORY LINE TO BE PERIODICALLY REVIEWED AND UPDATED; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF; AND PROVIDING FOP 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. 4. Consent Agenda Brock 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 Bid #1472 - Rubber Track Backhoes/Excavators with trailers P.O. ~32875 - Denton Motors Inc. Bid #1465 - Alexander Street Drainage Phase II Bid #1449 - Fleet Vehicle B. Plats and Replats Considered the preliminary plat of Lot 1, Block 1, Lone Star Par 3 Addition. The 35.864 acre site was located approximately 384 feet east of the MK&T railroad right-of-way, and was situated between Loop 288 and Spencer Road. (The Planning and zoning Commission recommended approval.) C. Tax Refunds Considered aDDroval of a tax refund to Denton County Title Co./Donald E. Hanna in the amount of $804.90. 276 City of Denton City Council Minutes March 2, 1993 Page 12 Considered approval of a tax refund to Source One Mortgage/Bruce J. West in the amount of $1,170.74. 5. 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. (4.A.1. - Bid #1472) The following ordinance was considered: NO. 93-034 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 FORAN EFFECTIVE DATE. Chew motioned, Smith 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 awarding a contract for the purchase of materials, equipment, supplies or services. (4.A.2. - P.O. #32875) The following ordinance was considered: NO. 93-035 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, smith seconded to adopt. On roll vote, Brock "aye", Miller "aye", HoDkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.3. - Bid #1465) The following ordinance was considered: 277 city of Denton City Council Minutes March 2, 1993 Page 13 NO. 93-036 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, 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. D. The Council considered adoption of an ordinance amending Ordinance No. 93-015 relating to the award of Bid Number 1449 for the purchase of fleet vehicles to provide for the purchase of an additional utility vehicle bid item ~2. (4.A.4. - Bid #1449) The following ordinance was considered: NO. 93-037 AN ORDINANCE AMENDING ORDINANCE NO. 93-015 RELATING TO THE AWARD OF BID NUMBER 1449 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF AN ADDITIONAL UTILITY VEHICLE BID ITEM#2; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith 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. E. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for a change from Agricultural Zoning District to Single Family SF-10 (C) with condition zoning district classification and use designation for 32.034 acres of land located on the east side of Country Club Road approximately 920 feet south of Hobson Lane; and providing for a penalty in the maximum amount of $2000 for violations thereof. Frank Robbins, Executive Director for Planning, stated that the ordinance followed the Council's request following the last public hearing. There were five conditions included in the ordinance which were detailed in the proposal. The following ordinance was considered: 278 City of Denton City Council Minutes March 2, 1993 Page 14 NO. 93-038 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY SF- 10[C] WITH CONDITION ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 32.045 ACRES OF LAND LOCATED ON THE EAST SIDE OF COUNTRY CLUB ROAD APPROXIMATELY 920 FEET SOUTH OF HOBSON LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Miller 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. F. The Council considered adoption of an ordinance vacating drainage and public utility easements in Lot 2, Block A, Minter Addition Replat to the City of Denton, Denton County, Texas. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director of Planning, stated that this ordinance dealt with the site for the new elementary school. In all the areas listed in the ordinance, other public improvements would be built on other easements. The following ordinance was considered: NO. 93-039 AN ORDINANCE VACATING DRAINAGE AND PUBLIC UTILITY EASEMENTS IN LOT 2, BLOCK A, MINTER ADDITION REPLAT TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. Brock 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. G. The Council considered adoption of an ordinance amending the fees for sign permits to provide a fee for signs larger than two hundred fifty (250) square feet, for special exception petitions, and for wind devices erected across streets. (The Planning and Zoning Commission recommended approval.) The following ordinance was considered: 279 city of Denton City Council Minutes March 2, 1993 Page 15 NO. 93-040 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FEES FOR SIGN PERMITS TO PROVIDE FOR A FEE FOR SIGNS LARGER THAN TWO HUNDRED FIFTY (250) SQUARE FEET, FOR SPECIAL EXCEPTION PETITIONS, AND FOR WIND DEVICES ERECTED ACROSS STREETS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith 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. H. The Council considered adoption of an ordinance authorizing the city Attorney to approve the proposed judgement in City of Denton vs. Ed Wolski and Virginia Fryman relating to the extension of the runway at the Denton Municipal Airport. City Attorney Drayovitch stated that the ordinance authorized the affirmation and execution of the judgement that the Commissioners had previously entered in the condemnation case. It would not be effective until Fryman and Wolski and any lien holders had agreed to the amount. Staff recommended approval by the Council. The following ordinance was considered: NO. 93-041 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF DENTON VS. ED WOLSKI AND VIRGINIA FRYMAN RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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. I. The Council considered adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City of Denton vs. M. T. Cole Trust Number One relating to the extension of the runway at the Denton Municipal Airport. City Attorney Drayovitch stated that this ordinance also authorized execution of a judgement entered by the Commissioners with a few changes. The changes included fencing and like use of the 28O city of Denton City Council Minutes March 2, 1993 Page 16 condemned tract for livestock and grazing purposes until such time as the City needed the property. Staff recommended approval of the ordinance. The following ordinance was considered: NO. 93-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF DENTON VS. M.T. COLE TRUST NUMBER ONE RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith 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. J. The Council considered adoption of an ordinance authorizing the Mayor to execute a successive option agreement with Roger C. Sullivan and Roger C. Sullivan Company, a Texas Corporation for the purchase of 134.6 acres of land for future expansion of the City of Denton Landfill. This item was pulled from consideration. 6. Resolutions A. The Council considered approval of a resolution allowing the City to enter into an agricultural lease agreement with John Bradford and J. L. Madewell for one year at South Lakes Park. Rich Dlugas, Director of Parks and Recreation, stated that this was a continuation of an agricultural and cattle grazing lease which was assumed when the City purchased the 200 acre park site at South Lakes Park from the FDIC. This was a one year lease which limited the number of cattle on the Dropert¥.and provided for a quarterly payment schedule. The amount of the lease was consistent with others in area. Council Member Miller asked if there might be a possibility that the land could be needed before the year was out. Was there a way out of lease before the one year period. Dlugas stated that there was a clause which allowed the City to end the agreement. The approval process for the grant would take 281 City of Denton City Council Minutes March 2, 1993 Page 17 longer than a year. City Attorney Drayovitch stated originally there was a clause that the agreement was terminable with 30 days notice but that had been revised at the request of the parties. Council Member Chew asked if the City would not be able to use the property for anything for a whole year. Dlugas replied that if the City received approval from the Texas Parks and Wildlife for the grant it would already be July 31, 1993. With design of the park, it would not be available for use until the beginning of 1994. City Manager Harrell stated this agreement would save maintenance costs and would keep the grass down. In the unimproved condition, it was unwise to encourage people to go on the property until it was developed. The following resolution was considered: NO. R93-013 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL, GRAZING AND FARMING LEASE WITH J.L. MADEWELLAND JOHN BRADFORD; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution with an amendment for a 30 day cancellation clause. Council Member Miller asked if the tenants would be responsible for complying with city ordinances regarding the mowing of weeds or did the City have the responsibility of the first 100 feet. Dlugas replied that the Parks Department would do the first 100 feet of mowing.' City Manager Harrell stated that the City would mow on the outside of fence adjacent to the roadway. With the fencing in place, the cattle kept the grass down at least on the Teasley side. The City might have to do some mowing near the residential property. The lease did not require the tenants to do any mowing. Mayor Castleberry suggested that there be a study done regarding land which was agricultural exempt within the City that the ordinance dealing with mowing 100 feet from a fence be taken out. 282 city of Denton city Council Minutes March 2, 1993 Page 18 On roll vote on the main motion, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution requesting the Texas Legislature adopt legislation regarding the use of logo reader boards. (The Planning and Zoning Commission recommended approval.) The following resolution was considered: NO. R93-014 A RESOLUTION REQUESTING THE TEXAS LEGISLATURE TO ADOPT LEGISLATION REGARDING THE USE OF LOGO READER BOARDS; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to approve the resolution. Council Member Miller asked if it was implied that this resolution would do away with other signs. Frank Robbins, Executive Director for Planning, replied no. 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 apportioning emergency management equipment and property jointly held by the City of Denton and Denton County. Rick Svehla, Deputy City Manager, stated that the city and County no longer had a joint venture for emergency management. This resolution would divide the property previously used for the joint services fairly between the City and the County. The following resolution was considered: NO. R93-015 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPORTIONING EMERGENCY MANAGEMENT EQUIPMENT AND PROPERTY JOINTLY HELD BY THE CITY OF DENTON AND DENTON COUNTY; AND DECLARING AN EFFECTIVE DATE. 283 City of Denton City Council Minutes March 2, 1993 Page 19 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. 7. The Council considered a request from the Denton Festival Foundation to allow amplifiers, loudspeakers and musical instruments at Civic Center Park on Sunday, April 25 from noon to 10:00 p.m. for the Denton Arts Fesitval. Catherine Tuck, Administrative Assistant, stated that this was a request from the Festival Foundation for an exemption of the noise ordinance. Council Member Chew asked if there were provisions that if complaints were received, the music would be turned down. Tuck replied yes that the duty officer at the Police Station would be in contact with officers on site regarding any complaints about the music. Hopkins motioned, Smith seconded to approve the request. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered an appointment to the Human Services Committee. Brock motioned, Chew seconded to postpone this item until the next regular meeting. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. The Council considered the items from the Work Session which had not been discussed earlier. 2. The Council received a report and held a discussion regarding Section 9 Federal Transit Administration financial assistance and gave staff direction. Council Members Miller and Chew left the meeting. Catherine Tuck, Administrative Assistant, presented an overview regarding the federal funding of the Section 9 grant. Work on promoting the system included requests for proposals for 284 City of Denton city Council Minutes March 2, 1993 Page 20 advertising. Staff was also contacting the marketing class at the university of North Texas for ideas for advertising the system. The grant request would be considered at the next Council meeting. It would be the same amount of money as last year with a slightly larger amount for capital and slightly smaller amount for operations. Staff had received information that this would be a good time to request some additional funding. This additional funding would need a local match with some funds coming from the private sector. Based on the proposed Section 9 funding request, the transit system would continue to operate five fixed trolley routes and elderly/handicap demand response service, Monday through Saturday. Three capital budgets had been developed. The first one was based on $121,000 of federal assistance. The second budget was based on the capital needs in the next three years which were taken from the Transportation Improvement Program planning document. The third budget included only v~hicle acquisition for the next three years. Council Member Miller returned to the meeting. Tuck continued that option number one for capital items was not enough money to purchase a trolley. This option included one maxi- bus, similar to the current Roadrunner vehicle in operation, and a mid-size bus. If more funding became available, the City could purchase a trolley instead of those two vehicles. This amount of money would also allow for a public address system to allow the driver to announce the stops along with the ability to provide for some curb cuts to assist the handicapped. A public hearing would be held next week for public input. Mayor Pro Tem Hopkins asked about any increases/decreases in ridership. Tuck indicated on an overhead a detailed analysis of ridership by route. Generally the ridership was moving in an upward direction with an average of 7000-8000 riders per month. Elderly/handihop ridership had decreased as those riders found using the trollies was more convenient which was the intent of the transit system. Perry motioned, Brock seconded to move ahead with the project. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry indicated that Council Member Chew was on the Board of Directors for SPAN and that was why he did not participate in the discussion. 285 City of Denton City Council Minutes March 2, 1993 Page 21 3. The Council received a report and held a discussion regarding the results of the Council's budget priority questionnaire. Council Member Chew returned to meeting. City Manager Harrell stated that this was the formal start of budget process. The first two pages of the handout, which was included in the agenda packet, represented the cumulative total of all of the responses received from the individual Council Members. This told staff what was the collective judgement for Council priorities which would help with the framing of the budget as to what were the priorities in the community. The third page of the handout reflected random individual observations for staff. These observations were done to allow for discussion for other areas which might become a recommendation to staff. Before staff pursued any of these observations, Council needed, as a whole, to indicate to staff that was a point the Council wished to pursue. The first two pages represented staff direction and the third page did not. Council Member Miller expressed a concern with the way the questionnaire was constructed. The way he answered the questionnaire and way he viewed the issues might be different and might cause misinterpretation. For example, a question was ranked based upon that particular item but it did not necessarily have to do on how critical the item might be. He suggested a need to revise the questionnaire as it did not reflect the concerns of the Council. City Manager Harrell stated that this was an attempt to tell staff, at an early point in the process, how Council felt about what services should be increased, decreased or kept at the same level. That guidance was needed in order to develop the budget. If there were a better process to get the input that Council needed to give staff at an early stage, staff would like to explore that option. Council Member Brock felt that the Council was being asked to comment on the desirability of current efforts. Did Council want to keep the efforts the same, increase efforts or decrease efforts. That did not mean what was most important in the City. She felt that possibly another dimension could be added which would give that information. Council Member Perry asked the City Manager from a practical experience standpoint, how well the questionnaire worked. city Manager Harrell replied that it helped give staff a general direction on how to form the budget- There might be a need to make another category on the questionnaire. He did not feel from a 286 City of Denton City Council Minutes March 2, 1993 Page 22 staff standpoint that the questionnaire was misinterpreted. There might be a problem on how the results were reported and interpreted. Staff did not interpret the results in that manner. Council Member Miller felt that there might be a need for another set of ratings to show critical needs. Kathy DuBose, Director of Accounting and Budget Operations, stated that staff used a weighted scale for CIP projects and perhaps that would be appropriate for these budget issues. Mayor Pro Tem Hopkins stated that she agreed with Council Member Miller. The rating was on a more, same or less scale. Council should be asked what was more critical. Safety issues were most important and critical rather than some leisure items which were not critical. ~ Council Member Perry stated that he took the questionnaire literally in regards to more, less or same level of service. When Council got into the budget process, the terms would be set and the priorities defined. He felt that the questionnaire worked well for the kind of information provided. John McGrane, Executive Director of Finance, stated that if the questionnaire were redone, it might be done on a priority classification rather than a weighted ranking. Lloyd Harrell, City Manager, presented the following items: A. The Mayor and he were going to Austin to testify for the sales tax bill. The committee meeting was on Wednesday. B. The DISD had called to ask the Council for a time for the next joint meeting between the entities. Possible dates were April 7, April 16, April 20, April 21, and April 23. After discussion with the Council, it appeared that April 7th or April 21st would be the better dates. Harrell indicated that he would pass that information on to the DISD. C. Nelda Nance of the Library Would be in the civil Defense at 4:45 p.m. March 16 to take individual pictures of the Council for the library album. D. Council Member Miller had asked for some background information regarding the decision making process for the branch library location. A handout had been provided from staff detailing the history on how that decision had been made and factors considered in that decision. 287 City of Denton City Council Minutes March 2, 1993 Page 23 10. official Action on Executive Session Items Chew motioned, Perry seconded to grant a salary increase of 3% and a deferred compensation increase of 4% for the City Manager, the city Attorney and the Municipal Judge. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Smith stated that the next date for the Council Adopt-a-Spot cleanup was April 3rd in conjunction with the city-wide cleanup date. B. Council Member Brock asked that the process for televising council meetings be accelerated. C. Council Member Smith thanked Ms. Tuck for her report on the university student meetings. D. Council Member Perry complimented staff on their performance on the recent bond trip. E. Mayor Castleberry asked for a report on the possible revision of the ordinance dealing with an agricultural exemption for livestock. 12. There was no Executive Session held during the Regular Session. With no further business, the Council adjourned 9:20 p.m. JE~'FER ~LTERS CItY ~SECRETARY CIT~OF DENTON, TEXAS ACC000ED BOB CASTL-EBERRY, TMAY~R~ CITY OF DENTON,