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Minutes August 17, 1993208 CITY OF DENTON CITY COUNCIL MINUTES AUgUst 17, 1993 The Council convened into the Work Session on Tuesday, August 17, 1993. PRESENT: Mayor Castleberry; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: Mayor Pro Tem Smith 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters -- Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered worker's compensation claim of Larry Carter. 2. Considered claim of Shirley Pitts. 3. Considered claim of Witma Gaffney. Considered action in Texas Waste Management v. City of Denton. B. Real Estate -- Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments -- Under Sec. 2(g), Art. 6252-17 V.A.T.S. Council Member Cott left the meeting during the discussion of Texas Waste Manaqement v. City of Denton. 2. The Council received a report and held a discussion regarding the designation of the O'Neil Ford Civic Complex as an Historic District and gave staff direction. Frank Robbins, Executive Director for Planning, stated that the Historic Landmark Commission had suggested designating the entire area around the Civic Center Park as an historic district. There would be a two step process for designation which included staff and the Historic Landmark Commission developing key elements and presenting them to Council before beginning a formal process of developing an ordinance. These elements would include types of improvements that would necessitate approval of a certificate of appropriateness and who would decide the certificate. That information would be submitted to Council for review prior to initiating the formal adoption process. The second step would be Council's formal authorization to begin the process of amending the zoning ordinance by adding the district, after consideration of the Historic Landmark Commission's preliminary recommendations. The process would contain public feedback and Council would be informed of ideas as they developed. 209 City of Denton city Council Minutes August 17, 1993 Page 2 Council Member Brock asked about a time frame. Robbins replied that there was no definite time frame and that it would depend on the types of issues involved. The Historic Landmark Commission would need at least several meetings to consider the issue. Council Member Brock stated that the City would be making modifications to city Hall as work was completed on the Denton Municipal Complex and the Police building. Was it anticipated that this would be in place before any work would begin on City Hall. Robbins replied that there were possible ways to deal with that issue. The Council could ask for advice on renovation before beginning any work. Council could adopt an ordinance and ask for advise from individuals who had the expertise in this area. city Manager Harrell stated that according to the time line adopted by Council for the renovations, there would be plenty of time to decide the issue. Because of the sensitive nature of this issue, it would be best to proceed with a two step process to work out the details on how the process would work. Council Member Perry asked if this would be a separate district with its own integrity and would it be attached to any other works in the City. Robbins replied that other buildings were not part of this proposal. Council Member Miller felt that there should be some type of review process done before any exterior changes were done to public buildings. A building might not be a landmark now but could become one in the future. Council Member Brock stated that each historic district had a different set of criteria and its own ordinance. She asked if the city Hall ordinance could be written either less or more strict than the one for the residences on Oak Street. Robbins replied correct. Judith Abbott, Chair - Historic Landmark Commission, stated that Council needed to keep in mind the process involved. The Historic Landmark Commission was only an advisor to the Council. This proce~ would not be a reduction of Council power but an increase of awareness. 210 City of Denton City Council Minutes August 17, 1993 Page 3 Mayor Castleberry stated that Council could ask the advice of the Historic Landmark Commission and then not approve an ordinance. They did not have to follow the Commission's advise and were not obligated to establish a formal district. Council Member Chew felt that a key issue would be the functionability of the buildings. The ordinance needed to do what the Council wanted it to do. Would the ordinance mean that the Council would have to return to the Historic Landmark Commission for each change of a building. Robbins replied that that would be one of the issues which would be worked out before any formal adoption process. Mike Cochran, Planning and Zoning Commission, stated that the creation of such a district would be symbolic and that there would be no restraints on the function of the buildings. Council Member Miller felt that it would be a good idea for review of the process which would provide for give and take during the discussion process. Council Member Cott asked for the cost of the process. City Manager Harrell replied that there would be no direct cost for taking on the process. An indirect cost would be staff time for the project but no direct dollar cost. Consensus of the Council was to proceed with the preliminary process. 3. The Council received a report and held a discussion regarding the purchase of video equipment for the broadcasting of City Council meetings. Bill Angelo, Director for Community Services, stated that ECI Video was the low bidder for this project but was approximately $10,000 over the budget for the project. One reason the bid was over budget was that $3500 was included for the installation of the equipment which was never considered a necessity as existing staff was capable of performing this function. Without that expense, the bid was still approximately $6500 above budget. Staff recommended cutting the installation costs but keep the other items. Removal of any of the proposed equipment would impact flexibility and quality of the project. There were available funds to cover the additional expense. 211 City of Denton city Council Minutes August 17, 1993 Page 4 Council Member Perry stated that the money from Sammons was not technically "grant" money. That money was part of the franchise agreement and was not a grant to the City. City Manager Harrell stated that the money was a result of the refranchise. It was a trade-off for a previous commitment to broadcast city council meetings. The City had released Sammons of that commitment and Sammons had granted the City $60,000 for the purchase of equipment for televising. Council Member Miller stated that $3500 was indicated for training and would have no impact. Was staff recommending that training remain in the bid. ~ Angelo replied that staff would prefer to keep the training in as it would be manufacturer training regarding the use of the equipment. Council Member Brock asked if the proposals for equipment had been seen by the DISD as they would be involved in a joint venture. Angelo replied that Susan McGuire, the DISD's Public Information Officer, had seen the figures. The proposed DISD budget would allow the DISD to take care of the maintenance contract for the equipment. Mayor Castleberry asked if the DISD were still interested in a cooperative effort. Angelo replied yes. Council Member Chew asked for the cost to operate the program. Angelo stated that it would be approximately $19,000 per year for City Council broadcasting. Council Member Perry asked about the level of training of the individuals who would operate the equipment. He questioned the quality of operation. Council Member Cott stated that he had had much experience with the University of North Texas department which would be working the equipment and knew them to produce good quality work. Council Member Brock asked about the possibility of copyrighting the videos of the meetings. She had seen prior videos of Council meetings when only a small portion of the meeting was shown which might cause a problem especially during a political campaign. 212 City of Denton City Council Minutes August 17, 1993 Page 5 Angelo replied that he had asked for legal opinion regarding such an issue. City Attorney Drayovitch stated that the City might be allowed to copyright the videotapes but those tapes could be copied upon request. Copies would be available to the public. Mayor Castleberry felt that this issue might need to be investigated before the Council proceeded. Council Member Brock felt that it should not be a condition to the Council proceeding with the broadcasting. Consensus of the Council was to proceed with project. 4. The Council received a report and held a discussion regarding the City's noise ordinance as contained in Section 20-1 of the Code of Ordinances for the City of Denton. Tanya Cooper, Assistant City Attorney, stated that in the noise ordinance there was the provision for granting an exception to that ordinance. One provision in the ordinance was an unreasonable noise, the use of an amplification, the use of a loudspeaker, etc. on Sunday. There was a basic standard which would be deemed acceptable. The ordinance also allowed for an exception to that standard. In granting that exemption the person seeking the permit was not subject to enforcement until the expiration of the time established. It did not mean that one could not hold the event without a permit without being cited. If an exemption were granted and time expired with noise continuing, enforcement could be done which might include warnings, citations, and finally arrest. The officer did not have any specific authority to remove the noise maker such as the loudspeaker, etc. Council Member Chew asked if the Council granted an exemption, were they telling an individual that he could make noise as loud as he wanted until the time limit expired. Cooper stated that the person granted the exemption had the authority to exceed the baseline ~tandard and the time period. Council Member Chew stated when Council granted an exemption they were only allowing the same level standard but for a longer period of time. It was not an exemption from not staying in a normal level. Cooper replied that it was not a total exemption from the ordinance. 213 City of Denton City Council Minutes August 17, 1993 Page 6 City Manager Harrell stated that it was important to remember that if the Council gave permission to exceed the higher standard when the exemption time expired and the band continued to play in such .... a manner that it did not disturb any adjoining property owners, the band could keep playing. Council Member Miller asked if on a Sunday could someone use an amplifier without permission if it were felt that it would not disturb anyone. City Manager Harrell stated that the ordinance spoke to a situation where an annoyance was occurring to an adjoining property. Council Member Miller stated that if that was the case, why have an exemption. What were they granting. City Manger Harrell stated that Council was granting the standard. During normal daytime and evening operations up to 10:00 p.m., there was a standard of noise which was acceptable. Past that time, there was a higher standard. In granting an exemption, the normal standard was extended. Council Member Perry stated that granting an exemption allowed the use of an amplifier between certain hours. It never granted the right to violate the noise ordinance. The trigger for the noise ordinance was the ordinary sensibilities of an individual. Council Member Brock stated that a violation of this type could be pursued by a private citizen or any police officer. She asked how a private citizen would do that. Would it be by calling the police, by a complaint or by a direct complaint to the Legal Office. Council Member Perry asked for comments from Chief Jez on enforcement done with an exemption. Due to time constraints, this item was continued during the Regular Session under Miscellaneous Matters from the City Manger. 5. The Council held a discussion and gave staff direction regarding budget issues and budget calendar for the 1993-94 fiscal year. Due to time constraints, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, August 17, 1993 in the Council Chambers. 214 City of Denton City Council Minutes August 17, 1993 Page 7 PRESENT: Mayor Castleberry; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: Mayor Pro Tem Smith 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 July 20, 1993 and the Special Call meeting of July 27, 1993. Perry motioned, Brock seconded to approve the minutes. Council Member Miller corrected the spelling of Steve Woerner and Bob Tickner in the July 20th minutes. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented a proclamation for United Way Month. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a .62 acre tract from the Multifamily-One (MF-1) District to the General Retail (GR) District [c]~with conditions on property located on the north side of University Drive, approximately 250 feet east'of Locust Street. Z-93-018 (The Planning and Zoning Commission recommended approval 5-0.) Frank Robbins, Executive Director for Planning, stated that this was a rezoning from MF-1 to General Retail and was a very narrowly defined conditioned zoning district. Most of the uses allowed in the general retail district were prohibited. The Planning and Zoning Commission had reviewed the proposal in the context of disappropriate share allocation of intensity. There were a series of conditions to ensure that the allocation would not be an incompatible land use on the property. The structure would be reused and no major structural changes would be allowed other than the development of a patio and garage. No outside advertising would be allowed and the maximum gross floor area could not exceed 20% of entire main structure. No food preparation would be allowed on-site. The applicant was not present and if Council felt this was a difficult issue, it might consider postponing consideration 215 City of Denton city Council Minutes August 17, 1993 Page 8 to allow the applicant to speak to issues. 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. 93-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH CONDITIONS (GR-c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 250 FEET EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing on the proposed annexation of 23.25 acres located north of and abutting Ryan Road on Forrestridge Drive. (A-62) City Manager Harrell stated that this was a continuation of a public hearing at prior meeting. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. No further action was needed on this item. 4. Public Requests A. The Council considered an exemption to the noise ordinance for the Denton High School Rodeo Club for a loudspeaker 2'1 6 City of Denton City Council Minutes August 17, 1993 Page 9 at the North Texas Fairgrounds October 1 and 2 until 12 midnight and October 3 from 1:00 p.m. - 6:00 p.m. Catherine Tuck, Administrative Assistant, stated that the request was for an exemption to the noise ordinance with the following hours: October 1 and 2 until 12 midnight, October 3 from 1:00 p.m. - 6:00 p.m. Mike Newberry, sponsor of the Team stated that this was a very established organization and was very professional. They had held the event at the Fairgrounds for several years and were very aware of the problems in the area and at 10:00 p.m. would turn the sound system down as much as possible. There would be no live music, no alcoholic beverages on the premises, and had the support of the business community. Without the variance they would have to have the event in Saginaw. Council Member Perry asked if the group participating in the rodeo would be only Denton high school students. Newberry replied that there were approximately 58 high schools which were members of the association. Past performances brought approximately 3000 people into Denton who would be out-of-town people. Council Member Perry asked Newberry to explain why the rodeo needed the hour from 11:00-12:00 p.m. Newberry stated that there were over 700 participants in 3 rodeos which could get quite lengthy at times. He did not think they would be there until midnight. There were times when the rodeo had to stop such as when an ambulance left the arena. The rodeo could not continue until another was present. This might cause the rodeo to go longer than anticipated. Perry motioned, Chew seconded to grant the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. citizen Reports A. The Council received a citizen report from Alan Hempstead asking that firefighters be allowed to solicit on the roadways for the MDA Fill-The-Boot Campaign. Alan 'Hempstead stated that the firefighters were requesting the Council to modify the city ordinance which prohibited firefighters 'from soliciting on street corners. The current ordinance 217 City of Denton City Council Minutes August 17, 1993 Page 10 prohibited their campaign for their annual Fill-The Boot campaign. Donations were kept in the Denton area and used for Denton residents. They were seeking the Council's support to modify the ordinance. ~' Ken Gold stated that he supported the request of Mr. Hempstead and felt that MDA was a very worthy cause. Mayor Castleberry stated that there were three Council Speaker Cards from L. B. Jones, Judi Erickson, and Betsy Swofford in support of this item but who did not wish to speak to the Council. Council Member Cott requested Council grant the variance requested. City Attorney Debra Drayovitch stated that the item was not on the agenda for action. The only action the Council could do was to direct staff to bring an appropriate ordinance at the next meeting. Council Member Chew stated that he would like to direct staff to do so. Council Member Miller stated that he was sympathetic to the request but felt that per discussion at the Council's planning session this type of item would be placed on a work session, followed by drafting of an ordinance. Council Member Chew replied that his suggestion was to place the item on work session to review. Council Member Cott reminded Council that the date requested was Labor Day. Council Member Brock felt that there were a lot of different options to accommodate the firefighters. city Manager Harrell stated that when this was discussed a year ago, a point of motion offered to direct staff to bring information regarding other ordinances in the Metroplex to proceed with an ordinance. That motion was defeated at that point and nothing further occurred. He felt Council now would like to gather that information to talk about a way to change the ordinance. There was a tight time frame to complete such an ordinance. Council Member Chew asked staff to develop alternatives so as to a¢co~modate the firefighters. Perhaps a temporary cease order to allow them to solicit for funds on the streets. 218 City of Denton City Council Minutes August 17, 1993 Page 11 City Attorney Drayovitch stated that she was not aware of any temporary provisions of the ordinance. B. The Council received a citizen report from Dessie Goodson regarding the noise ordinance. Ms. Goodson was not present at the meeting. 6. Consent Agenda Perry motioned, Miller seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: RFSP #1526 - Video Equipment Change Order - Gracon Construction P.O. #26052A Change Order - Pate Brothers P.O. #34757 7. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - RFSP #1526) The following ordinance was considered: NO. 93-142 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cot%, Ilaye~, ~4~ller ~aye~ , Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing the execution of Change Order No. 9 to a contract between the City of Denton and Gracon Construction Company; and providing for an increase in the contract price. (6.A.2. - P.O. #26052A) The following ordinance was considered: 219 city of Denton City Council Minutes August 17, 1993 Page 12 NO. 93-143 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND GRACON CONSTRUCTION COMPANY; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of .an ordinance authorizing the execution of Change Order No. 3 to a contract between the City of Denton and Pate Brothers; and providing for an increase in the contract price. (6.A.3. - P.O. #34757) The following ordinance was considered: NO. 93-144 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND PATE BROTHERS CONSTRUCTION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance providing for a change of name for the citizens Traffic Safety Support Commission to the Traffic Safety Commission. (The citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, city Engineer, stated that this ordinance would shorten the name for citizens and as the Commission was now a decision making board, the current name might be misleading. The following ordinance was considered: NO. 93-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE OF NAME FOR THE CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION TO THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; A/~D PROVIDING FOR AN EFFECTIVE DATE. 220 City of Denton City Council Minutes August 17, 1993 Page 13 Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving an easement agreement between Nations Bank of Texas, N.A., the City of Denton, Texas, and Denton Independent School District; and authorizing the acceptance of an access easement from Nations Bank of Texas, N.A. Jerry Clark, City Engineer, stated that this was the location of Fire Station No. 6. The DISD was requesting a bus lane to separate the buses from the car traffic. This easement would provide for that lane. The DISD would assume 1/3 of the maintenance costs of the easement and would allow the City to construct the driveway to the fire station. There were adequate funds in the Station 6 account to do this proposal. The following ordinance was considered: NO. 93-146 AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN NATIONS BANK OF TEXAS, N.A., THE CITY OF DENTON, TEXAS, AND DENTON INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE ACCEPTANCE OF AN ACCESS EASEMENT FROM NATIONS BANK OF TEXAS, N.A.; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance amending portions of Chapter 14, Article II, ("Health Officer"), of the Code of Ordinances to provide for a designation of a City Health Officer; to provide definitions for unsanitary, unhealthful, and unsafe conditions; to provide the Health Officer with authority to make inspections for unsanitary, unhealthful, and unsafe conditions and abate said conditions after notice; and to provide for an offense for any person to maintain said condition after notice to abate. Nonie Kull, Environmental Health Services Manager, stated that several weeks ago Council directed staff to prepare this ordinance. The proposed ordinance would allow the City to deal with any similar conditions such as Hartfelt and at a private residence or business. 221 City of Denton City Council Minutes August 17, 1993 Page 14 Council Member Miller felt that the ordinance did more than clarify the present ordinance. It gave authorization to do more than currently could be done. Kull replied that the current ordinance was very broadly defined and that the proposal was structured. Council Member Miller stated that the City would be able to take action it previously could not do. Kull replied correct. Mayor Castleberry indicated that Council had a speaker card on this item from Barbara Coe and Joe Dodd. Barbara Coe stated that she was glad to see the City moving to strengthen the present ordinance. She stated that Section 2B2 referred to an unsafe condition causing harm or injury and asked if that included depriving food and water or shade. Tanya Cooper, Assistant City Attorney, replied that that provision was already regulated by State law in the Penal Code. That provision was a Class A misdemeanor with a higher penalty than the City could adopt. Coe asked if that situation were occurring where would it be reported. Cooper replied that it would be referred to the State and the District Attorney would be the prosecuting authority. Joe Dodd felt that the proper way to approach this issue was to protect people from animals. If the animals were kept in a condition which endangered people, the Health officer and the proposed ordinance answered many of the complaints. The following ordinance was considered: NO. 93-147 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 14, ARTICLE II, ("HEALTH OFFICER"), OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR A DESIGNATION OF A CITY HEALTH OFFICER; TO PROVIDE DEFINITIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CONDITIONS; TO PROVIDE THE HEALTH OFFICER WITH AUTHORITY TO MAKE INSPECTIONS FOR UNSANITARY, UNHEALTHFUL, ANDUNSAFE CONDITIONS AND ABATE SAID CONDITIONS AFTER NOTICE; TO PROVIDE FOR AN OFFENSE FOR ANY 222 City of Denton City Council Minutes August 17, 1993 Page 15 PERSON TO MAINTAIN SAID CONDITION AFTER NOTICE TO ABATE; TO PROVIDE FOR A SEVERABILITY CLAUSE; TO PROVIDE FOR A REPEAL OF ANY ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION OF THE PROVISIONS HEREOF; AND TO PROVIDE FOR AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing the City Manager to execute a settlement agreement and release of judgement in the matter of Texas Waste Manaqement v. City of Denton. Council Member Cott left meeting due to potential conflict of interest. City Attorney Debra Drayovitch stated that the proposed ordinance authorized the City Manager to execute an agreement and abatement of the appeal of the lawsuit Texas Waste Manaqement v. the City of Denton in exchange for the payment to the City of $160,000. It specifically reflected that the judgement of the trial court in this matter was in no way affected regarding the constitutionality of the City's ordinance. There were no settlements in that regard, it merely clarified the monetary amount that Waste Management would pay to the City of Denton. Council Member Miller stated that this would end the appeal process for that District Court trial. City Attorney Drayovitch replied yes but that it did not affect the validity of that judgement. The following ordinance was considered: NO. 93-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZ~N~ THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE OF JUDGEMENT IN THE MATTER OF TEXAS WASTE MANAGEMENT V. CITY OF DENTON TEXAS; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott returned to the meeting. 223 city of Denton city Council Minutes August 17, 1993 page 16 8. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute a lease agreement between the City of Denton and Denton County Archers. Bill Angelo, Director of Community Services, stated that this lease was for 10.15 acres known as the former landfill site. In consideration of the lease, the Denton County Archers would pay $1 per year and agreed to provide inspectional services for the City. The real benefit to the city from the lease would be to resolve the security problem at the site which was subject to vandalism and damage in the past. With the Denton County Archers on the site, there would be traffic on the property on a consistent basis and problems would be reported faster. The proposed lease benefited both organizations. Council Member Perry asked about liability. Angelo stated that the City was fully indemnified from any acts or damages which might occur. The Association had met the City's insurance requirements. The following resolution was considered: NO. R93-046A A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY ARCHERS; AND PROVIDING FORAN EFFECTIVE DATE. Brock motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution appointing William Giese to the Board of Directors of the Texas Municipal Power Agency. City Manager Harrell stated that this was a request of TMPA for formal notification. The following resolution was considered: 224 City of Denton City Council Minutes August 17, 1993 Page 17 NO.R93-047 A RESOLUTION APPOINTING WILLIAM GIESE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered a motion to suspend the Rules of Procedure and reconsidered an ordinance amending the zoning regulations, 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 and reconsidered such ordinance. Frank Robbins, Executive Director for Planning, stated that this recommendation was from the Zoning Ordinance Task Force and was recommended for approval by the Planning and Zoning Commission. Council approved the ordinance by a vote of 4-1 on July 20, 1993 after a public hearing. Since that time there had been a request for reconsideration. The ordinance was in effect and first amendment done under the provision of this ordinance was associated with the planned development considered earlier in the meeting. Council Member Brock felt that the discussion was in the merits of the case. Whereas the first motion needed was whether or not to reconsider. Perry motioned, Chew seconded to suspend the rules to reconsider the ordinance. Council Member Miller stated that he would not vote for the motion as there had been enough discussion regarding the ordinance when it was passed. On roll vote, Brock "nay", Cott, "aye", Miller "nay", Chew "aye", Perry "aye", and Mayor Castleberr¥ ,nayw~. Motion did not pa~ du~ to a tie vote. Council Member Perry asked for the procedure in order to have his position noted on this ordinance. He felt there were matters which needed to be placed in the record. City Attorney Drayovitch stated that she would research the matter and provide Council Member Perry with the information. She felt that a Council Member would have the right to have a statement 225 city of Denton city Council Minutes August 17, 1993 Page 18 entered into the record but was not sure if Council had to vote on such. 10. The Council considered an appointment to the Sales Tax Citizen's Advisory Committee. Council Member Miller stated that he had appointed Bryon Hart who was no longer able to participate due'to his work schedule. Miller nominated Steve Woerner to the Committee. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Miscellaneous matters from the City Manager. Council considered Work Session Item #4. 4. The Council received a report and held a discussion regarding the City's noise ordinance as contained in Section 20-1 of the Code of ordinances for the City of Denton. Council Member Perry asked for the impact on the operation of the Police Department when Council granted an such an exemption. Mike Jez, chief of Police, stated that the net effect of a variance was to extend the base level of noise to that time granted. Following that time, the Police Department was more strict with the interpretation of the noise ordinance. Often when a citizen complained, he was not willing to sign a complaint so it was the duty of the officer to listen to the noise and determine if that noise violated the ordinance, since July of 1992 the Police Department had issued over 500 citations for violations of that ordinance, citizens thought that the police had the ability to stop the noise and shut it down which was not true. The police could issue a verbal warning, issue a written citation or do an arrest. They did not have the authority to stop the noise· Council Member Perry asked of those 500 citations, how many were in conjunction with the Fairgrounds. Jez replied that there were very few in that area and that the citations were spread out over town. Council Member Miller asked how many of the citations were in conjunction with variances granted versus other disturbances. 226 City of Denton City Council Minutes August 17, 1993 Page 19 Jez replied that in 98-99% of the cases, they were not related to the variances granted. This was a problem which occurred every day particularly on weekends. The Council considered Work Session Item #5. 5. The Council held a discussion and gave staff direction regarding budget issues and budget calendar for the 1993-94 fiscal year. City Manager Harrell stated that there were two parts to this item. One was a review of the remaining calendar for the budget and the second was any remaining questions regarding the budget. At the August 24th meeting, staff would be going through and providing written answers to the questions from Council regarding the budget. There would also be several other items for consideration. At the August 31st meeting there would be a public hearing regarding the proposed budget with a regular business meeting. There would be a specific review of the major budget issues which needed direction and a decision by Council in order to balance the budget and would add any other major budget issues Council desired. This would provide a list of remaining issues which needed to be dealt with prior to the adoption of the budget. The September 7th meeting would have no action items on the agenda with only discussion of the budget. There might be the need to schedule a special meeting if Council was not finished with those items. At the September 14th meeting there would be the final Council action of adopting the ordinance for the budget and setting the tax rate. Council Member Cott asked for a budget on the current tax rate. The assessed valuation had gone down seven years in a row and the actual tax levy had gone up. City Manager Harrell replied that the budget was formulated in such a way that it would not be difficult if Council made a policy decision to stay at $.7180. No budget recalculations were needed. There were budget packages which were recommended to be funded and all Council needed to do was to start taking those packages out in accordance with the priorities of th~ Council. It was there for Council to make that kind of decision. Council Member Cott stated that using the effective rate and a decrease in assessed valuation, it appeared that the City would be spending $13,580,000 with a 97.5% collection. If the $.7180 rate were used, the City would be spending $13,018,000. That was a $562,000 difference between those two. The City was in a continuing downsizing of the assessed valuation in the community. ~He did not know if it was the Council's work to suggest how that 227 city of Denton City Council Minutes August 17, 1993 Page 20 $562,000 be withdrawn. He requested suggestions from staff on how to cut that amount. City Manger Harrell stated that the budget was put together so that could easily be done. The major budget issues contained a ranking of budget packages which indicated where the line was drawn for recommendation for budget using the effective tax rate. If Council wanted to see what the alternative budget would be at a rate of $.7180, it was only necessary to go up the line $580,000 and draw a new line. Those packages below that line would be taken out of the budget. Council Member Chew thought it might be worthwhile to look at such a list. Mayor Castleberry asked Council to bring back additional questions for next week. He asked if the schedule was satisfactory with everyone. Consensus of the Council was that the schedule was satisfactory. John McGrane, Executive Director for Finance, stated that he would go over the listing of questions to see if Council required any further explanation. 1. Legal Services - Zoning ordinance - QUestion concerned hiring an outside consulting attorney to help develop the zoning ordinance and what additional staff time would be required. 2. Recycling Coordinator Position - Question concerned a clarification on the total budget associated with that position, the organizational chart and job description. Council Member Brock stated that she was concerned that recycling dealing with the landfill problem was a priority for this year. The Council was now in the position of making this on the basis of a budget decision rather than on the merits of whether this was the best approach. She would like to know to what extent this proposed program in the budget conformed to the recommendations of the Task Force~ 3. Zoning Cases - hours per case - Question concerned the productivity measures and how the number of cases being reviewed was declining. 4. Planning revenue/fees - Question concerned an explanation on those fees. 228 City of Denton City Council Minutes August 17, 1993 Page 21 5. Code Enforcement - cost containment - Question concerned looking at priorities or levels of inspection and enforcement. Council Member Perry asked for the impact of noise containment on the Police Department. Council Member Brock suggested looking at events such as the Fry Street Fair. 6. Main Street - downtown investment - Question concerned a further clarification of private investments. 7. Copy Equipment analysis - Question concerned a reduction in copying costs. 8. Laylor fund recipients - projected use of fund balance - Question concerned cash flow analysis. Council Member Perry raised the point regarding the requirement of audits from the organizations. McGrane replied that that issue might be looked at when the City renegotiated the organization's contracts. 9. Use of bar coding - Question concerned the use of bar coding in Purchasing. 10. Parking Meter receipts - Question concerned the decrease in revenue. 11. Athletic programs - total operating costs - Question concerned total operating costs for the programs. 12. Alcohol sale at parks - Question concerned the sale of alcohol at City parks. 13. Recreation fees - non-resident, administration fees, etc. - Question concerned recommendations from the Parks Department. Council Member Perry asked if all vendors had equal access to the parks or were the concessions only for one vendor or specific vendors. 14. Parks and Recreation - proceeds from vendor/concessions - Question concerned the use of proceeds from vendor/concessions. 15. Athletic fields - alternative turf methods - Question concerned the possible use of artificial turf for athletic fields. 229 City of Denton City Council Minutes August 17, 1993 page 22 16. MLK Center staffing - Question concerned how the standards compared to the staffing at other Centers. 17. ADA compliance - Question concerned how the City was complying with the requirements. 18. Denton Municipal Center - cost analysis - Question concerned rental fees which the City was currently paying and utilities/maintenance costs which would be shifted to the Center. 19. Facilities Management maintenance budget - Question concerned what was included in the Facilities management budget. 20. Tuition reimbursement - Question concerned what it would take to restore the program back to its current level. 21. Pay plan - civil Service - Question concerned pay plan for civil Service employees. 22. Incentive award program - Question concerned the standards and the process used. Council Member Miller asked that it include the dollar amount included in the program. 23. Response to memo from fire fighters - Question concerned a response to the issues and questions the fire fighters had raised. 24. Electric rate comparisons - Question concerned how the City compared to Texas Utilities in electric rates. 25. Wastewater budget - revenues over expenditures - Question concerned an indicated surplus in this budget. 26. Sanitation - ROI - Question concerned why this charge was not applied to the sanitation fund. 27. Water tower - CIP - Question concerned where a new water tower appeared in the CIP. 28. Visioning - Question concerned funds from the sanitation budget. 29. Recycling - long range planning/cost - Question concerned cost and long range planning for recycling. 30. Landfill - State mandates - Question concerned the State 'mandates for standards regarding reduction of flow with recycling. 230 City of Denton City Council Minutes August 17, 1993 Page 23 McGrane reviewed the issues which were raised prior to the August 10th meeting which had already been presented to Council. 1. Current year's pay plan results/managed health care program. 2. Parks - utility lighting fee 3. Ambulance -- subscription service/County subsidy. 4. Recycling program. 5. Legal services - Civil Service & Zoning Ordinance. 6. Police - civilian jailers/portable radios. 7. Fire - communication needs/comparative fire loss percentages. Council Member Miller indicated that there were no numbers indicated in the memo regarding the Fire Department budget impact. 8. Street paving Council Member Brock stated that last year when Council started budget presentations, there was an indication that there would be no additional staffing and all budgets would be held down to a minimum. This year it appeared that the total property appraisals had gone down a greater percentage than they did last year but the budget picture was much better this year. She asked why the picture seemed more favorable this year than last year. Council Member Miller stated that Council was looking at rate recommendations for solid waste and water rates. He asked for some comparative data from the surrounding cities for residential solid waste and water rates. 231 City of Denton City Council Minutes August 17, 1993 page 24 12. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 13. New Business There were no items of New Business suggested by Council Members for future agendas. Mayor Castleberry gave a briefing regarding the County zoning Board for Lake Roberts. The Mayors of Denton and Pilot Point were automatically on the Board. A public hearing had been held and additional information was to be presented in the near future. 14. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8:45 p.m. C~iTNI~E~WALTERS Y SUm T Y Y OF DENTON, TEXAS CITY OF DENTON, TEXAS~ ./ ACC0013F