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Minutes July 20, 1993127 CITY OF DENTON CITY COUNCIL MINUTES July 20, 1993 The Council convened into the Work Session on Tuesday, July 20, 1993 in the civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters 1. Considered demand in Michael Wilson claim. 2. Considered action in Les Gibson and Larry Ervin claim. Considered action in Texas Waste Manaqement v. city of Denton. B. Real Estate C. Personnel/Board Appointments Council Member Cott left the Executive Session during the discussion of Item A.3. - Considered action in Texas Waste Manaqement v. City of Denton. 2. Presentation and discussion of the Hotel/Motel Tax Recipients budgets by the Denton Convention and Visitors Bureau, the Denton Historical Commission, the Denton Historical Museum, the Greater Denton Arts Council and the North Texas State Fair Association. Denton Convention and Visitors Bureau - Joann Ballentine, Director of the Convention and Visitors Bureau with the Chamber of Commerce, presented a video representing the Bureau's activities. Steve Woerner, Chairman - Denton Convention and Visitor Bureau, stated that the Bureau was many things to many people and were the specialist dealing with special projects. He felt that the Bureau needed to emphasize accountability and would be implementing tracking mechanisms regarding the hotel/motel occupancy tax. A process would be initiated to orientate the hotels. The cornerstone of the Bureau would be the new information center to be located in the Outlet Mall. Reserve funds would be used for the information center and would be in operation by the end of August. He reviewed the proposed budget which was included in the agenda backup materials. 128 City of Denton city Council Minutes July 20, 1993 Page 2 Council Member Chew asked about merit increases for the Bureau's employees. Woerner replied that there was a proposed 5% increase. Council Member Chew stated that advertising had gone up from $1200 to $5000. Was part of that for the information center. Woerner replied that the Bureau had received specific requests from the hotels for more advertising. Council Member Chew noted that the tourist promotion area had gone from $7000 to $38,700. Woerner replied that $25,000 would be for new brochures and start up costs for the information center at Outlet Mall. Council Member Cott suggested including some form of income for a cooperative venture and to incorporate it as an objective. He noted that the cash position of all of the organizations was quite large and perhaps larger than necessary. W'nat amount of cash should the organizations have and what number of days worth of cash should they have was a question from the taxpayers point of view. Woerner replied that cash reserve needed to be spent in a wise manner. He did not feel that ongoing businesses needed much working capital. The use of the reserve for the information center was moving in the right direction. Council Member Cott replied that if this was the year for the Council to set objectives, then he would note that in his opinion the cash reserve was excessive in each organization. He suggested for next year, cash objectives and managements for all organizations. Denton Historical Commission - Leon Callahan, vice-Chairman of the Denton County Historic Foundation, stated that the Commission operated on a budget which encumbered funds for future use for various projects and as the project matured, the money was spent. Historical preservation was a continuing project. Funds were dedicated for specific projects and were not available for other uses. The Commission sent several applications to the City's Historical Commission for historical markers, some of which were in the City of Denton. He reviewed the Commission's budget which was included in agenda backup materials. 129 City of Denton city Council Minutes July 20, 1993 Page 3 Council Member Cott stated that the Historical Foundation had an operating fund balance of non-restricted dollars of $16,000 which was approximately 190 days of cash for operations. He felt that was too much and suggested some kind of quarterly measurable agreement on cash from these organizations. Council Member Miller felt that Council Member Cott was implying that by reducing the cash reserve, the City would be able'to reduce City taxes. Council Member Cott replied no that he was suggesting that the City could reduce the amount of Laylor funds given to the organizations. Council Member Miller replied that the Laylor funds were dedicated funds for specific uses ..... Council Member Cott stated that when the contracts were renewed with the organizations, perhaps the formula could be changed if there was more cash reserve for the organization than was necessary. Council Member Miller replied that the Council needed to be careful and not change the rules so that the organizations did not think that one way to reduce cash was to spend. Council Member Cott suggested looking next year at a formula on how much cash needed to be on hand on a quarterly basis. Council Member Brock felt that the City's dealings with the Laylor funds was that the City had a certain amount of money to allocate and the City's authority over the organizations was the percentage given. If the City reduced the amount allocated to the organizations, it would not allow the City to reduce the City tax rate. Council Member Cott stated that the City was allowed to take a percentage of the total tax collected. The hotels felt that some of that money needed to remain with the hotels for better marketing. City Manager Harrell stated that the city had a multi-year contract with each of the organizations. Next year the City would be renegotiating those contracts. Annually each agency had to present a budget to the Council and the Council reviewed the budget and gave approval as submitted. As part of the budget process, the council would give approval of the budgets. It was not interpreted that the Council could reduce the allocation. 130 City of Denton city Council Minutes July 20, 1993 Page 4 Council Member Brock replied that if in renegotiating the contracts, the Council did a reallocation to all of the organizations, would that reduce the taxes for citizens. City Manager Harrell stated that the City was limited by law to a maximum of a 7% hotel/motel tax. The City currently was assessing that maximum 7%. The City would have the authority to decrease the 7% hotel/motel tax to some other level but that would co~e off the hotel/motel tax. It would not reduce the taxes for the citizens, only for hotel/motel guests. Of the current 7%, the City received 1% for specific uses such as visitor promotions. If the City could use that 1% for other general fund projects, then the taxes might be reduced for citizens. city Attorney Debra Drayovitch stated that the contracts between the City and each of the organizations provided and incorporated a part of the hotel/motel statute which provided that the City would not pay any payment during any fiscal year unless the budget was first approved in writing. Even with a contract there was a prerequisite that the budgets be approved by the City. Mayor Pro Tem Smith asked for a review of the percentage each group received and on what figure that percentage was based. Council Member Perry asked if the Council had to extend the contracts for such a long period of time. City Attorney Drayovitch replied that there was no specific time period. Due to time constraints, this item was continued during the regular meeting. The Council convened into the Regular Meeting on Tuesday, July 20 in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. ~ 131 City of Denton City Council Minutes July 20, 1993 Page 5 2. The Council considered approval of the minutes of the Special Call Session of June 8, 1993 and the Regular Session of June 15, 1993. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to Work Session Item #2. Council Member Perry stated that the City retained 1% of the Laylor funds. He asked if the City could use more than 1% of the funds for projects such as the Visioning Project. City Manager Harrell replied yes as long as the expense was an eligible item under state law guidelines. When the contracts were renegotiated with the organizations, it might be possible to do that. Council Member Perry stated that the Laylor fund money was tax money derived from a tax levied by the Council on hotel/motel fees. City Attorney Drayovitch replied correct. Historical Museum - Perry Jo Midget, Chairman - Budget and Finance Committee, presented a slide presentation regarding the museum. Midget listed past and upcoming articles regarding the Museum in area magazines. She indicated that the Museum's budget had been presented to Council in the agenda back-up materials. Council Member Chew asked about salary increases for the proposed budget and the total increase of the budget over last year. Midget replied that the director's salary would be increased approximately $5,000. The increase was needed for the present director and for any future directors in order to bring salaries up to market. The job had been reclassified with the County to a management position. The collection management assistant was a new position which replaced the education director and the salary was a lower salary than the education director had been receiving. Council Member Chew asked about the grant income increase from $500 to $15,000. Midget replied that the Museum had applied for several grants and were hoping to receive those funds. They now had access to an individual knowledgeable in writing grants. 132 City of Denton City Council Minutes July 20, 1993 Page 6 Mayor Pro Tem Smith asked where secretarial help was indicated in the budget. Midget replied that the secretary was hired by the Historical Commission which would not be in their budget. Council Member Cott stated that in October 1991 the Museum had a $10,000 fund balance and ended up with $22,000 and during'that time increased the salary of the employees. The Museum forecasted $45,000 in Laylor income and received $5,000 more than that but had $5,000 total less income. In so~e way the taxpayer asked if this had become an entitlement which was difficult for the taxpayer to give to these organizations. Midget replied that according to her figures, the "entitlement" to the employees ..... Council Member Cott stated that when the revenue was decreasing, salary increases were continuing. It was hard for taxpayers to see those increases. He suggested that next year the Council needed to think through how these funds were perceived by the organizations and by the taxpayers. Council Member Miller stated that he had noticed that the grant funding was high but also noted that in 1991-92 the Museum had income $12,000 over the $50,000 Laylor funds. He noted that citizens did not pay this tax unless they registered at a hotel or motel in Denton. It was one of the few taxes entirely based on outside sources for payment. He did not feel that he had to be the keeper of the funds entirely and that the purpose of the Council was to make sure the budgeting process was correct. Council Member Brock asked if the director's position was a County position. Norma Gamble, Museum Director, stated that the County provided benefits for the employees. The County issued checks to pay for those benefits. The Museum then paid the County quarterly for the salaries for the Director and the Collection Management Assistant. Mayor Pro Tem Smith stated that the Museum worked with the schools and asked what position took care of that work. Midget replied that it was done by volunteers. Greater Denton Arts Council - Herbert Holl reviewed the budget information presented in the agenda back-up materials including highlights of events held during the year. Financial highlights 133 City of Denton City Council Minutes July 20, 1993 Page 7 included grant funding, increased business memberships, and increased grants to local arts groups. He felt that the Arts Council represented the entire community and that the Council was buying services for the community through the Laylor money it allocated to the organizations. Council Member Chew stated that he liked how the budget was laid out and that it had a decrease in the overall budget. Council Member Brock stated that'decreases were proposed in the 1993-94 budget in unearned income. The other groups were projecting increases in their hotel/motel and they showed a decrease in that area. Holl replied that their budget was on a cash basis system. Income was sporadic in terms of projecting needs and the net figures were more critical. Earned income rental decreased as available weekends varied each year for special events. Council Member Perry asked if Holl could estimate what the City would have to pay for like services done by the Arts Council. Holl replied that it would probably cost more due to the nature of government. Council Member Perry stated that the volunteer services were much greater than city could afford if it did those services by itself. North Texas State Fair Association - Bob Powers stated that their budget was included in the agenda backup materials. The biggest activity for the Association was the North Texas State Fair but the grounds were used almost every weekend of the year. The Association was continuing to upgrade the facilities on the grounds. Salaries would remain the same for their employees. The only change was a decrease in office supplies and telephone which was put into office equipment. Mayor Pro Tem Smith asked about an audit report. Powers replied that the Association did not do an audit. Council Member Chew stated that Council had requested an audit last year. Powers replied that he did not remember such a request. 134 City of Denton City Council Minutes July 20, 1993 Page 8 Council Member Chew stated that the Council had also requested an itemized budget which was not presented. He felt that the Council needed an itemized copy of budget. Council Member Perry suggested forming a task force with four members of the Fair Association and four members from the neighborhood association and one member from the Council to look at issues concerning the neighbors and the Association. This was a friendly suggestion and was extended with courtesy. It was an effort to continue reconciling differences between the neighbors and the Association. Council Member Brock asked what amount the Fair received last year from Laylor funds. Powers replied approximately $58,000 and that their books were on a calendar year. Joann Ballentine stated that the Denton citizens were not the taxpayers of these monies. There were the City's out-of-town visitors to the community and not the local citizens. It was a 13% tax of which 6% went to the State fund for general fund. The State statute required certain uses for the money in the areas of tourism, the arts, historical areas and could be used at the city level. The Convention and Visitor Bureau was the only entity which received occupancy tax solely to support its program. The others received grants, fund raisers, etc. Cash reserves were needed for unforeseen emergencies such as closure or fire of a hotel/motel in the City. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 2.85 acre tract from the Planned Development No. 6 District to the Single Family -7 District on property located on the north side of Wilderness Drive, directly west of Colorado Blvd. (Woodrow Lane). Also known as Lots 1R-13R, Block A, Replat of the Woodlands of Township II. Z93-017 (The planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning, stated that this was a simple change from a planned development to single family -7 zoning. Staff compared the differences between the standards of the two districts and the only difference was that the side setbacks would change from 5 to 6 feet on both sides. The Mayor opened the public hearing. 135 City of Denton City Council Minutes July 20, 1993 Page 9 Helen Eve-Liebman~ Nelson Corporation, stated that the owner of the property was requesting the change in order to center his home on the lot and to have equal sideyards. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 93-124 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING OF 2.85 ACRES OF LAND CONTAINED WITHIN PLANNED DEVELOPMENT NO. 6 (PD-6), ADOPTED PURSUANT TO ORDINANCE NO. 69-35, FROM PLANNED DEVELOPMENT (PD) TO SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; SUCH ACREAGE BEING LOCATED ON THE NORTH SIDE OF WILDERNESS DRIVE AND WEST OF COLORADO BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending Planned Development No. 6 by approving a detailed plan for .9132 acres, being part of Lot 7, Block 1 of the Golden Triangle Addition. The site was located at the northwest corner of Loop 288 and Colorado Blvd. Z-93-014 (The Planning and zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning, stated that this was a detailed plan approval at the Golden Triangle Mall. The only use allowed would be a financial institution. The site was located in an urban center and was very well designed. The Mayor opened the public hearing. Randy Klein, representative for the petitioner, indicated that the structure would be a single story building for a banking ~acility. There would be no new curb cuts and requested approval of the proposal. 136 City of Denton City Council Minutes July 20, 1993 Page 10 Mayor Pro Tem Smith asked how patrons would enter and exit the facility. Klein stated that the entrance and exit would be from the ring road of the mall. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 93-125 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 69-35 TO PROVIDE FOR A DETAILED PLAN FOR .9132 ACRES OF LAND IN PLANNED DEVELOPMENT (PD) NO. 6 LOCATED IN THE GOLDEN TRIANGLE ADDITION AT THE NORTHWEST CORNER OF STATE HIGHWAY LOOP 288 AND COLORADO BOULEVARD; PROVIDING A SAVINGS CLAUSE; 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", Cott, "aye", Miller "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 amending the zoning regulations, Chapter 35 of the Code of Ordinances relating to Planned Development districts by addition Section 35-158 providing for minor amendments to a detailed plan. (The Planning and Zoning Commission recommended approval 6-0 and the Zoning Ordinance Task Force recommended approval.) Frank Robbins, Executive Director for Planning, stated that the current ordinance only allowed staff changes to an adopted detailed plan under the errors and omission provisions. There had to have been some kind of mistake in order for staff to make a change. This ordinance would allow for minor details to be changed by staff. Currently any type of change had to go back through the planning process which might result in a 60-75 day process. The minor amendments might include such items as moving a dumpster or changing the type of landscape materials used. Staff could not change or increase the number of dwelling units, the floor to area ratio, height, reduce the lot yard, set backs changes, street access points, change traffic patterns, etc. 137 City of Denton City Council Minutes July 20, 1993 Page 11 The Mayor opened the public hearing. Fred Gossett felt that the proposal was very positive to improve the development process in Denton. It would ease the technicalities under the guidelines of planned development. These matters should be left to the Director of Planning and the owner/developer of the property. This would serve to make the process smoother and would save time and money. He 'requested approval of the proposal. No one spoke in opposition. The Mayor closed the public hearing. Council Member Miller questioned whether it would be possible and legal to include wording in a planned development to take care of those kinds of changes. Robbins replied that that would have to be done for each ordinance with a planned development. This ordinance would also apply to previously approved planned developments. Council Member Miller felt that the City could do revised procedures for new planned developments. Council Member Perry asked for details regarding the frustrating delays, staff work, etc. How much of a burden was the current system. He questioned the necessity for items to be removed from the public review as opposed to streamlining the process. Robbins replied that the frustration came when there were little items to change and only such things as changing the plant type on a detailed plan. That change would have to have Planning and Zoning Commission approval and could take as long as 60 days. The question was did the Planning and zoning Commission and the Council need to see such minor changes. The following ordinance was considered: NO. 93-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING TO PLANNED DEVELOPMENT DISTRICTS BY ADDING SECTION 35-158 PROVIDING FOR MINOR AMENDMENTS TO A DETAILED PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 138 City of Denton City Council Minutes July 20, 1993 Page 12 Brock motioned, Miller seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 4. Public Requests A. The Council considered a request for a noise exemption for Kahunas Deli and Grill at 110 N. Carroll Blvd. on Saturday, August 7, 1993 until midnight. Catherine Tuck, Administrative Assistant, stated that the request was a noise exemption for a volleyball tournament with a band. In the past the music had been lowered when requested to do so by the neighbors. Chew motioned, Smith seconded to approve the request. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council Considered approval of a resolution closing the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6:00 a.m. until 6:00 p.m. on Saturday, October 2, 1993 for "County Seat Saturday". Jane Biles, Main Street Manager, stated that this was a request for closure of the Square for the annual County Seat Saturday. No one had signed the petitions in opposition. The correct time for the street closure was 6:00 a.m. to 6:00 p.m. The following resolution was considered: R93-043 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF NORTH LOCUST STREET, AND THE 100 BLOCK OF WEST HICKORY STREET ON OCTOBER 2, 1993; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 139 city of Denton City Council Minutes July 20, 1993 Page 13 C. The Council considered adoption of an ordinance temporarily prohibiting parking on various streets around the North Texas State Fairgrounds from August 20-29, 1993. (The Citizens Traffic Safety Support Commission recommended approval.) Catherine Tuck, Administrative Assistant, stated that there was a map included in the backup indicating the streets which would be affected and that this was a simila~ ~quest as was done last year. The neighborhood had requested additional no parking on several other streets. Staff had contacted the neighbors who had basically agreed to the parking ban. Mayor Pro Tem Smith asked about parking on Carroll Blvd. across from the Fair. Tuck replied there would be no parking to Fain Street. Council Member Cott asked about a large lot behind the church which might possibly be used for parking. Mayor Castleberry stated that there were "Requests to Speak" cards on this item. Gene Truss, North Denton Center Neighborhood Association, stated that the Association had met with the Traffic Commission and had expanded the area for no parking from last year. He felt it would be helpful for all parties involved. Fred Harper indicated that he was in support of the proposed ordinance. Council Member Perry asked if the parking restrictions would apply to the vacant lot across from Fairgrounds. Tuck replied that it would not affect the lot but would only affect the on-street parking. The following ordinance was considered: NO. 93-127 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS 140 City of Denton City Council Minutes July 20, 1993 Page 14 INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH'SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS STATE FAIR AND RODEO TO BE HELD FROM AUGUST 20, 1993 THROUGH AUGUST 29, 1993; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council considered Agenda Item #8. 8. The Council held a discussion and considered approval of an annexation schedule regarding the proposed annexation of 23.25 acres located north of and abutting Ryan Road on Forrestridge Drive. Frank Robbins, Executive Director for Planning, stated that this was an annexation time schedule for the proposed 23 acres. The first and second reading or the initiation of the annexation and the final action would require 6 votes of the Council. If the dates were not good dates for a full Council, there might need to be a change in the schedule. The preliminary plat was a continuation of the Estates of Forrestridge for SF16 residential units. Cott motioned, Smith seconded to approve the schedule. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 141 City of Denton City Council Minutes July 20, 1993 Page 15 A. Bids and Purchase Orders: 1. Bid #1507 - Padmounted Transformers 2. Bid #1516 - Asbestos Removal-Denton Municipal Complex P.O. #35039 - EMCON/Baker-Shiflett P.O. #35731 - Layne-Texas B. Tax Refund 1. Gretchen Hebner/Commonwealth Land Title - $606.35 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1507) The following ordinance was considered: NO.93-128 AN ORDINANCE ACCEPTING A COMPETITIVE BID 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, Perry seconded, to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance'accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.2. - Bid #1516) The following ordinance was considered: NO. 93-129 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 142 City of Denton City Council Minutes July 20, 1993 Page 16 Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.4. - P.O. #35731) The following ordinance was considered: NO. 93-130 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with EMCON/Baker- Shiflett for professional services relating to geotechnical testing and Soil Liner Evaluation Report (SLER) at the Denton Landfill. (5.A.3. - P.O. #35039) The following ordinance was considered: NO. 93-131 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND EMCON BAKER-SHIFLETT, INC. RELATING TO THE PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH TESTING AND OBSERVATION AND PREPARATION OF SOIL AND LINER EVALUATION REPORTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. smith motioned, Chew seconded to adopt the ordinance. On roll voter Brock "aye" t Cottt "aye" t Miller "aye" f smith "aye" ~ Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 143 City of Denton City Council Minutes July 20, 1993 Page 17 E. The Council considered adoption of an ordinance authorizing the City Manager to execute an interlocal agreement with the Texas Department of Mental Health and Mental Retardation and the Denton State School to continue the use of property belonging to the Department and controlled by the School for a public park known as Briercliff Park. Bob Tickner, Superintendent of Parks, stated that the ordinance would continue the agreement with the Denton State School for 11 acres known as Briercliff Park. This would be an interim agreement for one year when the State would review the agreement. The following ordinance was considered: NO. 93-132 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION AND THE DENTON STATE SCHOOL TO CONTINUE THE USE OF PROPERTY BELONGING TO THE DEPARTMENT AND CONTROLLED BY THE SCHOOL FOR A PUBLIC PARK KNOWN AS BRIERCLIFF PARK, AND DECLARING AN EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution complying with the order for information by Region 6 of the United States Environmental Protection Agency, as contained in Docket No. VI-91- 2641. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Operations and Financial Administration, stated that this document allowed the EPA to assess the Denton program and look at activities at the Wastewater Treatment Plant for potential problems. The EPA was interested in a funding resolution which would assure them that the Council had looked at the information and was aware of any potential problems. Council Member Miller asked who conducted the audit. Martin replied that the staff conducted the audit. Council Member Miller asked if the EPA audited the audit. 144 City of Denton City Council Minutes July 20, 1993 Page 18 Martin replied that the EPA would check the information in the audit at the time of inspection. The following resolution was considered: NO. R93-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COMPLYING WITH THE ORDER FOR INFORMATION BY REGION 6 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AS CONTAINED IN DOCKET NO. VI-91-2641; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution accepting a grant offer from the Federal Aviation Administration in the amount of $150,000 for the acquisition of property necessary for the expansion of the runway at the Denton Municipal Airport. (The Airport Advisory Board recommended approval.) Rick Svehla, Deputy City Manager, stated that in March Council had approved an award for acquiring the property. Staff was able to submit a grant to the FAA for reimbursement. The first payment was for $150,000 with an amendment later for $9,000 for full reimbursement. The following resolution was considered: NO. R93-045 A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $150,000 FOR THE ACQUISITION OF PROPERTY NECESSARY FOR EXPANSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Item #8 was considered earlier in the meeting. 145 City of Denton City Council Minutes July 20, 1993 Page 19 9. Staff Direction The following items were listed for staff direction: A. The Council considered approval of a resolution nominating a member to the Board of Managers of the Denco 9-1-1 District. Lloyd Harrell, City Manager, stated that this item was discussed by Council at its last work session. Olive Stephens was the current member of the Board and had indicated an willingness to be reappointed. None of the other cities indicated that they would be nominating someone. Council Member Cott asked if the appointment was subject to term limitations. City Manager Harrell replied no. The following resolution was considered: NO. R93-046 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCO 9-1-1 DISTRICT. Smith motioned, Perry seconded to nominate Olive Stephens. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered nominations and appointments to the City's Boards and Commissions. Council Member Perry nominated Jerry Porter to the Plumbing and Mechanical Code Board. Council Member Cott requested suggestions for an appointment to the Animal Shelter Advisory Board. This position had to be a city employee. City Manager Harrell suggested Joseph Portugal. Council Member Cott nominated Joseph Portugal to the Animal Shelter Advisory Board. 146 City of Denton City Council Minutes July 20, 1993 Page 20 Chew motioned, Brock seconded to approve the above mentioned nominations. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry indicated that he had appointed Mrs. Fred Hill to the Denton Housing Authority. 11. Update on the "Vision for Denton - 21st Century Project" (Council Members Brock and Miller). Council Member Miller stated that the Cabinet recently had a meeting with Joe Landford who presented a seminar regarding the visioning project undertaken by Rock Hill, North Carolina. He was very impressed with Denton and the parallel with the two cities. Landford was optimistic with the level of leadership and cooperation between entities in the City. He suggested making notices of when an individual would arrive at certain areas of the city such as the universities and the Square, etc. Mayor Pro Tem Smith indicated that she was very impressed with the symbolism involved with the Rock Hill program. The Rock Hill program was a very inventative project. City Manager Harrell stated that Landford had visited approximately 10 cities so far regarding a visioning project. Landford had indicated that he wanted to pick three or four cities with a chance to make this happen and provide help to make sure it became a reality. Landford looked at geography and leadership to make it happen and felt that Denton had both aspects. Council had made tentative financial commitments of $50,000 for the project with $25,000 in the Public Utilities Board budget which would effective October 1. The General Fund was flexible this year and plans were to transfer $25,000 from the City Manager's contingency fund to a special fund for the visioning project. This would be administered by the Finance Department. The other agencies would put their funds into the United Way and then draw those into the finance fund. 12. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, reminded the Council of the Board/Commission reception which would be held on July 27th at 7:00 p.m. There would be a brief meeting at 5:15 p.m. of the Council before the reception. 13. There was no official action on Executive Session Items considered during the Work Session Executive Session. 147 City of Denton City Council Minutes July 20, 1993 Page 21 14. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Perry asked for a task force to be set up and to be named the Denton Center Neighborhood Association/North Texas Fair Association Task Force. Council Member Miller suggested putting this item on a study session as he felt there were various issues to discuss with the formation of such a task force. A. Council Member Chew asked for a review of the City's drug testing policy. C. Mayor Pro Tem Smith asked for a report regarding the percentages for the Laylor recipients and the amount of funds they were to receive this year. D. Council Member Miller suggested notification on major projects taking place in the City so citizens know what was happening such as the work going on Teasley Lane. E. Mayor Pro Tem Smith stated that the Council's adopt-a- spot needed cleaning. 15. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 10:10 p.m. BOB CASTLEBERRY, MAYO~ CITY OF DENTON, TEXAS/ I TNIF~WALTERS Y SECRETARY Y OF DENTON, TEXAS ACC00134