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Minutes September 21, 1993320 CITY OF DENTON CITY COUNCIL MINUTES September 21, 1993 The Council convened into the Work Session at 5:15 p.m. 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 -- Under TEX. GOV'T CODE Sec. 551.071 Considered settlement demand in Hunter v. City of Denton, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered purchase of land on Foster and Mayhill Roads. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council received a report and held a discussion regarding proposed amendments to the Landscape and Tree Preservation Ordinance concerning a category of tree which would receive more protection and gave staff direction. Frank Robbins, Executive Director for Planning, stated that before a formal process was started regarding changes to the tree ordinance, it was felt that it might be appropriate to discuss with Council certain elements regarding the proposed ordinance. One of the elements would be who would decide that a tree could be removed. The current ordinance allowed the staff to make that determination and it could be changed to have the Planning and Zoning Commission make that decision. Another element would be a determination if reasonable efforts had been made to avoid removal of the tree. The proposed ordinance did not change the current criteria. A definition of big, old, important trees would be an element and might include language such as a tree which was 40 inches in diameter or larger, or trees of a given diameter by species such as a 6 inch red bud. A fourth element would require mitigation if a tree were allowed to be removed. Replacement would be required with a formula such as a standard formula for determining the value of the tree or replacement trees equal to the value of the tree being removed which would be provided by the remover on or off-site. 321 City of Denton City Council Minutes September 21, 1993 Page 2 Council Member Cott asked what was the concern about the value of the tree. Robbins replied that the idea was for replacement trees. If a tree were removed, an "×" number of trees would have to be planted for replacement on the same site and if there was not enough room on site, could be placed elsewhere. Council Member Miller felt that this would be changing the current ordinance. There might be certain trees which should not be removed unless necessary. If the tree had to be taken down, the intent was not to impose extra requirements. The purpose was to make sure the existing ordinance did not have one step missing for special consideration of trees. He questioned the magnitude of the issue which the existing ordinance did not cover. Robbins replied that there seemed to be a concern on the part of Council regarding replacement to be included in the proposal. Mayor Castleberry stated that the cities surveyed did much the same as Denton's current ordinance with staff deciding on whether to remove the trees. They did not have a long process through a Planning and Zoning Commission. Robbins replied correct except for cities which had historic enabling capacities. Mayor Pro Tem Smith asked if there was any idea on how many trees would fall in this category or where they were. Robbins replied that an estimate was difficult to make. They had started some statistical sampling which proved to be difficult due to the character of the trees and the locations. Mayor Pro Tem Smith stated that most of these type of trees were on already developed properties. There would be no problem with someone wanting to build on that location. Council Member Brock indicated that the Tree Board had suggested a contest for people to nominate a historic tree or large tree of a certain kind. Prizes and special recognitions could be awarded which would be an informal way to take an inventory. Council Member Cott felt that through the normal process of development, the applications being made would discover these trees. 322 City of Denton City Council Minutes September 21, 1993 Page 3 Mayor Castleberry felt that there was not a problem with the current ordinance and that staff was aware of the problem. Consensus of the Council was to keep the ordinance as it was currently written. 3. The Council received an update and held a discussion regarding the Opticom System. Rick Svehla, Deputy city Manager, stated that Council had requested an update regarding the system. In March the City had a number of intersections approved in the Federal Highway bill. Two weeks ago staff had talked with COG which was responsible for making those recommendations and they felt the project was still on target. There was a question regarding how much these systems dealt with air quality and congestion mitigation. The system was used to help clear movement on Bell Avenue in times of heavy congestion. There had been some delays with the funding but should improve as the year progressed. A second group of requests would be funded in'the 1996-98 time frame. There were three groups not yet funded. Staff would continue to look at prioritization but under federal funding locations could not be changed. If a location needed to be changed, the City would need to find other funds to do that intersection. The systems worked well and would continue to meet the City's needs. If there were difficulties with state and federal funding, there were other options for funding such as bond funds. Council Member Perry asked how the system worked with the fire stations tie in. Svehla replied that so far the system was working very well depending on the types of calls and location of the calls. 4. The Council received a report and held a discussion regarding the towing ordinance. Rick Svehla, Deputy City Manager, stated that much discussion had taken place regarding a conceDt and direction for this issue. There had been much time spent on a discussion of this issue with merchants; etc. The proposed ordinance was a further attempt to help enforce the current regulations and to be able to tow vehicles in violation of the parking conditions. The proposed system was one whereby vehicles could be towed from the Square or any location if they were vehicles which continued to be a chronic problem in regards to parking violations. The Council did not have to proceed with this ordinance but it was a solution to help remedy the situation on the Square and in particular on Avenue A. 323 City of Denton City Council Minutes September 21, 1993 Page 4 Council Member Cott asked what was the problem - the tickets or not paying the tickets. Svehla replied that it was a multi-part problem with part of it being that tickets were not paid, part being that people were not showing up for Court and part of it was appealing the tickets and not having the issue resolved. Council Member Cott asked what was the problem with enforcement of the tickets. City Attorney Drayovitch stated that a parking violation was very difficult to prove because it was not very often that an officer saw who parked the car. Therefore the registration of the vehicle had to be relied on which could be outdated. If the tickets were not paid, the City could only issue a warrant. The proposed ordinance was a means where the city would legally have more control in enforcing the parking laws. Instead of a warrant, notices given and a due process hearing given, the vehicle could be towed. Council Member Cott stated that it was difficult to get to businesses if the parking was difficult and better enforcement was needed. City Attorney Drayovitch stated that the present ordinance was a very difficult ordinance to enforce through the normal Class C misdemeanor proceedings. Mike Jez, Chief of Police, stated that the proposed ordinance was a direct response to a large amount of complaints from the downtown area. There were a number of individuals who had businesses on the Square or who were employed on the Square who decided that it was cheaper to pay the parking tickets than it was to comply with the law. Voluntary compliance had been unsuccessful with individuals who did business in the area. State employees had indicated that they would continue to allow their employees to take a break in order to move their vehicles after two hours. He felt that the issue needed to be put to rest and was convinced that if two or three cars were towed, a point would be made. Sandra White, Municipal Judge, stated that it had been discussed to raise the fines on the tickets. The problem was that if the fine was raised, there still would be no ultimate enforcement mechanism. Mayor Castleberry asked about a plan to increase the fine plus pursue vigorous collection. 324 City of Denton City Council Minutes September 21, 1993 Page 5 White replied that the ticket was issued to an automobile and not to an individual. Because the ticket was not given to an individual, there were due process problems to complete the process. Bill Thomas, Parking Committee- Downtown Advisory Board, stated that the problem could be solved in 24 hours if the area merchants told employees where to park and enforced it. Business in the downtown area was good but there~needed to be better enforcement of the parking in the area. There was not a space problem in the area, there was an enforcement problem. The Board had been working on voluntary compliance but had not been successful. Council Member Brock questioned if whether allowing three citations in a 12 month period before towing was appropriate. The procedure might lessen the impact of the threat of being towed. Thomas replied that everything had been tried to solve this problem in past years. Council Member Miller stated that there was no question that there was a management problem on the Square. He felt that the proposed towing ordinance would create many other problems in the process. The proposed ordinance would hurt the shopping on the Square and was worse than the current problem. He suggested being more aggressive against violators rather than towing vehicles. White felt that not too many vehicles would have to be towed before there was better compliance. Council Member Perry asked what the merchants thought about the proposal. This was a very old problem with different types of remedies and something different might have to be done to solve the problem. Mayor Castleberry stated that he had received a number of calls regarding the parking problems and at least six individuals did not want a towing ordinance. Jez stated that the parking officers were spending 38% of their time on the Square and 45% of all parking violations were written on the Square. Council Member Brock stated that she was not ready to abandon towing at this point but would like the Downtown Committee to have time to think about the process and keep the proposal open as a .possible solution. 325 City of Denton City Council Minutes September 21, 1993 Page 6 Council Member Cott suggested speaking with the County government regarding compliance. Council Member Chew felt that the cooperation of the employers on the Square was needed before there was compliance. Most of the problem was with the business owners around the Square. Consensus of the Council was to have staff continue to work on a solution and have a report from the Parking Committee for a further study session. 5. The Council received an update and held a discussion regarding the Juvenile Diversion Task Force. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. 6. The Council discussed a proposed North Denton Center Neighborhood Association/North Texas Fair Association Task Force. Due to time constraints, this item was considered during the Regular Session under Miscellaneous Matters from the city Manager. 7. The Council received a report and held a discussion regarding a request from the Lake Cities for fire service and gave staff direction. Due to time constraints, 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 Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Council Member Chew 1. Pledge of Allegiance The Council and ~embers of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Special Call Session of August 31, 1993. Smith motioned, Perry seconded to approve the minutes as presented. 326 City of Denton City Council Minutes September 21, 1993 Page 7 Council Member Cott asked for a correction on page 19 in the 6th paragraph which should have read "such a large reserve" instead of "such a small reserve". The correction was accepted by Smith and Perry. Council Member Chew arrived at the meeting. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Public Hearings A. The Council held a public hearing and considered adoptiGn of an ordinance rezoning 3.23 acres of land from single family-7 (SF-7) to the Commercial, conditioned, C(c), zoning district. The tract was located on the south side of East McKinney Street, approximately .27 miles east of Woodrow Lane. Z-93-020. (The Planning and Zoning Commission recommended approval, 6-0.) Frank Robbins, Executive Director for Planning, stated that this was a zoning case which was conditioned strictly to a nonresidential use. This case was one in which a nonresidential zoning application in a low intensity area was less than the intensity allocation. Another policy to consider was the half-mile separation policy which indicated that to avoid strip commercial development, nonresidential uses should be a half mile apart. The proposal was approximately 2000 feet away but with the associated conditions of the case, the Planning and Zoning Commission had recommended approval. One of the four conditions listed in the ordinance included a landscape screening buffering on three sides. The Mayor opened the public hearing. Roland Vela, petitioner, stated that the proposal was to build a laboratory on the site and it would be a good building on well- tended grounds. The other uses of the property would be in keeping with the uses r~quir~d by m~mb~rs of his family. Mayor Pro Tem Smith questioned the other uses which would be allowed on the property for other members of his family. Vela replied that he had a son who was an optometrist and a daughter who had a drafting office. H~ wanted th~m to be abl~ to use the same site if they desired. 327 City of Denton City Council Minutes September 21, 1993 Page 8 Council Member Perry asked Vela if he was willing to comply with the conditions set forth by the Planning and Zoning Commission which would offset any deviation from the policy. Vela replied yes. Council Member Cott stated that bufferyards were not yet part of the law. Robbins replied that bufferyards were not part of the landscape ordinance or any specific ordinance. The landscape ordinance required only a six foot fence. Council Member Cott indicated that Vela was not required to have a bufferyard as part of the requirements especially in this location. He had estimated that the bufferyard would cost approx $5000 an acre or total of $14,000 to follow the regulations. Mayor Castleberry asked what type of laboratory would be built. Vela replied that it would be an analytical laboratory which would do analysis on water and soil samples for environmental purposes. The samples would be small in quantity 'and would contain no smells or hazards. Council Member Miller stated that the existing ordinance did not contain an MXD but the Planning and Zoning Commission had recommended the proposal with a bufferyard. Did Vela have a problem with the conditions set by the Planning and Zoning Commission. Vela indicated that he had no problem with the conditions. No one spoke in opposition. The Mayor closed the public hearing. Council Member Cott indicated that he was not against bufferyards but was against applying an ordinance when it was not the law and when individuals were required to comply. He suggested not applying the bufferyard concept until the Council had accepted the provisions. It was not fair to petitioners to require bufferyards, even though it was desirable, as the law was not in existence. Council Member Brock indicated that the present zoning ordinance allowed for conditions to be added to any zoning case. This was a conditioned zoning case. This was not a new application at all. Through the years the Planning and zoning Commission had required 328 City of Denton City Council Minutes September 21, 1993 Page 9 petitioners, especially nonresidential uses in residential areas, to have certain conditions. Among those conditions was that Dr. Vela could have only a specific list of uses. Another condition was the buffering. This was not selectively applying a law that had not yet been adopted but was a continuation of the legal practice as detailed in the present zoning ordinance. Council Member Cott stated that this site had many trees and to require additional buffering was questionable. Robbins replied that the ordinance would take that into account. The existing trees would be included as much as possible and not much additional buffering would have to be planted. The following ordinance was considered: NO. 93-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO COMMERCIAL WITH CONDITIONS (C-c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.23 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY, APPROXIMATELY .27 MILES EAST OF WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance with the conditions indicated by the Planning and Zoning Commission. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented a proclamation for National Deaf Awareness Week. 4. 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. Bids and Purchase Orders: 1. Bid #1547 - Fiber Optic Transceivers 2. Bid #1536 - North Lakes Ballfield Lighting 3. Bid #1537 - North Lakes Fishing Pier 4. Bid #1543 - Reroofing at the Denton Electric Production Plant 329 City of Denton City Council Minutes September 21, 1993 Page 10 So 6. 7. 8. 9. Bid #1545 - Replace Misc. Waterline Bid #1546 - Casco Industries P.O. #37071 - American Management System Interlocal Agreement - City of Greenville Interlocal Agreement - County of Denton 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1547, 4.A.6. - Bid #1546) The following ordinance was considered: NO. 93-169 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew 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. (4.A.2. - Bid #1536, 4.A.3. - Bid #1537, 4.A.4. - Bid #1543, 4.A.5. - Bid #1545) The following ordinance was considered: NO. 93-170 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. Chew 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. 33O City of Denton City Council Minutes September 21, 1993 Page 11 C. The Council considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.7. - P.O. #37071) The following ordinance was considered: NO. 93-171 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING 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. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and the City of Greenville for the purchase of a continuous emission monitoring system. (4.A.$.) The following ordinance was considered: NO. 93-172 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GREENVILLE FOR THE PURCHASE OF A CONTINUOUS EMISSION MONITORING SYSTEM. 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. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and the County of Denton for the purchase of fuel. (4.A.9.) Council Member Chew questioned the cost for the agreement. 331 city of Denton City Council Minutes September 21, 1993 Page 12 Rick Svehla, Deputy City Manager, replied that the cost per gallon would be what the City would buy it for and the mark-up for operational costs would be $.15 per gallon which was similar to what was charged other City departments. The following ordinance was considered: NO. 93-173 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON FOR THE PURCHASE OF FUEL. 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. F. The Council considered adoption of an ordinance authorizing the City Manager to act on the city's behalf in executing a consulting services contract with C. David Ham and expending public funds therefor in an amount not to exceed $12,960. Bob Nelson, Executive Director for Utilities, stated that Dave Ham would be retiring in October. Ham had been working on the construction activities of the wastewater treatment plant. Council had approved eliminating his position for the 1993-94 budget but his services were needed until completion of the plant. The contract would include 40 days of service at a price of $40.50 per hour. The project should be completed by January 1 which was the termination point of contract. The following ordinance was considered: NO. 93-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONSULTING SERVICES CONTRACT WITH C. DAVID HAM AND EXPENDING PUBLIC FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED TWELVE THOUSAND NINE HUNDRED SIXTY DOLLARS AND NO CENTS ($12,960.00); AND DECLARING AN EFFECTIVE DATE. Cott motioned, Chew 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. 332 City of Denton City Council Minutes September 21, 1993 Page 13 G. The Council considered adoption of an ordinance amending the 1992-93 annual budget of the City of Denton by appropriating the sum of forty-two thousand three hundred forty-two dollars from the unappropriated balance of the general fund and disbursing it to various account numbers; appropriating the sum of one million seven hundred thirty-seven thousand eight hundred fifty-seven dollars from the unencumbered balance of the electric fund to account 610- 080-0251-8201; appropriating the. sum of five hundred thousand dollars from the working capital fund to various accounts; and providing for publication hereof. Kathy DuBose, Director of Accounting and Budget Operations, stated that these were unforeseen expenditures experienced during the past year. They included the additional collection of hotel/motel occupancy money above the budgeted amount which needed to be expended. In the Electric fund, Denton was required to increase the number of hours of generation at the Spencer Plant as a result of lower generation at TMPA and TMPP pool cities and warmer weather. This resulted in larger purchases in natural gas and these increases were not anticipated during the last year budget. In the warehouse portion of the Working Capital fund, more purchases were needed in inventory due to the projects of the EPIC hospital and the Teasley Lane relocation. Those funds were being appropriated into the 1993-94 budget. The following ordinance was considered: NO. 93-175 AN ORDINANCE AMENDING THE 1992-93 ANNUAL BUDGET OF THE CITY OF DENTON BY APPROPRIATING THE SUM OF FORTY TWO THOUSAND THREE HUNDRED FORTY TWO DOLLARS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND DISBURSING IT TO VARIOUS ACCOUNT NUMBERS; APPROPRIATING THE SUM OF ONE MILLION SEVEN HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS FROM THE UNENCUMBERED BALANCE OF THE ELECTRIC FUND TO ACCOUNT 610-080- 0251-8201; APPROPRIATING THE SUM OF FIVE HUNDRED THOUSAND DOLLARS FROM THE WORKING CAPITAL FUND TO VARIOUS ACCOUNTS; PROVIDING FOR PUBLICATION HEREOF; AND DECLARING AN EFFECTIVE DATE. Council Member Miller asked if these funds would have any impact on balancing the 1993-94 budget. DuBose replied no. 333 City of Denton city Council Minutes September 21, 1993 Page 14 Perry motioned, Chew seconded to adopt th~ ordinance. On roll vote, Brock "aye", Cott,"aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance designating depositories for the City funds for a term beginning October 1, 1993 and ending September 30, 1995. The following ordinance was considered: NO. 93-176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY- OF DENTON DESIGNATING DEPOSITORIES FOR CITY FUNDS FOR A TERM BEGINNING OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1995. Chew motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye''· Mo~on carried unanimously. I. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs (SPAN); authorizing the Mayor to execute the agreement; and approving the expenditure of funds therefor. Council Member Chew left the meeting with potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that this was a contract with SPAN to continue to provide public transportation for demand response and fixed routes. The City received the funds from the Federal Transit Administration as well as funds from the Texas Department of Transportation. To that was added a local portion which, when all combined, funded the public transportation. The budget included in the backup materials was for a 13 month operation budget and the figures for 1993 would be higher than those for the 1994 fiscal year. As the contract was written, SPAN was the operator for public transportation and was responsible to the City for all federal and state regulations required of public transportation as well as reporting requirements asked for by the City. Ridership indicated an increase in the last four years and the trollies had made a positive impact on the system. The use of demand resDonse for the elderly and Handihop was going down due to the impact of the trollies. Demand response was expensive and as the trolley routes increased, this trend should continue. The system had moved from two routes to four routes and this year an 334 City of Denton City Council Minutes September 21, 1993 Page 15 additional route was included. In 1994 no additional routes would be added but the present routes would be reviewed every 6 months to evaluate ridership. Council Member Perry asked if the elderly and handicapped were as well served by the trolley as they would be by demand service. Tuck replied that SPAN initially had the foresight to add handicapped ridership with curb to curb service in the beginning of the service. When the trollies began, they were designed for the general public as well as the elderly and handicapped. An ADA requirement was to have curb to curb service for persons with disabilities. The current SPAN policy was very liberal while the ADA had very specific requirements for such service. Council Member Cott thanked Tuck for the budget information as well as her written and oral presentation for the Council. The following ordinance was considered: NO. 93-177 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON kND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Chew returned to the meeting. 6. Resolutions A. The Council considered approval of a resolution approving budget adjustments for fiscal year 1992-93. Kathy DuBose, Director of Acoounting and Budget ODeration~, ~tated that this resolution was for budget adjustments and would clean up accounts which had unanticipated overages. Most of the needs were due to termination costs for retirement, the fixed asset inventory cost as well as the Airport Master Plan. Savings from other departments would be used to cover the overages. The following resolution was considered: 335 City of Denton City Council Minutes September 21, 1993 Page 16 NO. R93-056 A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1992-93; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Brock 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.." 7. The Council considered appointment of a voting delegate and alternate voting delegate to the National League of Cities Conference. Mayor Castleberry asked if anyone would be present at the time of the meeting. Council Member Perry indicated that he would be staying over and would be present. Chew motioned to appoint Council Member Perry as the City's voting delegate. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye,', Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered appointments to the Traffic Safety Commission, the Community Development Advisory Committee, the Electrical Code Board, the Juvenile Diversion Task Force and the Board of Adjustment. Council Member Chew indicated that he had nominated Kathy Devine to the Traffic Safety Commission at the last meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Miller indicated that he had nominated Dorothy Martinez to the Community Development Advisory Committee at the last meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 336 City of Denton City Council Minutes September 21, 1993 Page 17 Council Member Chew indicated that he was not ready for a nomination to the Electrical Code Board alternate position. Council Member Perry indicated that he was not ready for a nomination to the Board of Adjustment alternate position. Mayor Castleberry indicated that the Juvenile Diversion Task Force members would be deferred until late~ in the meeting. 9. Staff Direction A. The Council considered a proposed ordinance to remove truck traffic from a portion of U. S. Highway 380. Rick Svehla, Deputy City Manager, stated that at the last Council meeting two questions were raised regarding this issue. One was regarding sound wall. The Highway Resident Office indicated that the wall would be let for bid in November with an anticipated 5 month construction period with completion in May of next year. Another question was regarding a traffic signal at Kings Row and Loop 288. The last time a traffic count was done, it did not meet state warrants for signals. He had spoken with the Resident Office about special warrants and was researching issues such as school buses, etc. Staff would be counting the intersection again to determine if the count might have changed. Council might want to wait with a decision on the ordinance until these items were completed. Council Member Miller stated that delaying~the ordinance to a date certain would be difficult for the traffic signal. He had a real concern for that intersection and would feel better if the traffic signal were pursued before setting a date certain. Council Member Cott stated that over-the-road trucks paid a lot of road tax and suggested checking with the Chamber of Commerce before continuing. Mayor Castleberry asked if there had been any discussion with the merchants on U.S. 380 through town. Svehla replied he did not think so. Mayor Castleberry felt it would be appropriate to do so so as to let the businesses/residents know this would be a possibility. Council Member Brock stated that the proposal would be for through truck traffic which would not be going to businesses. 337 City of Denton City Council Minutes September 21, 1993 Page 18 Svehla replied correct. Mayor Pro Tem Smith stated that she was concerned about the safety of people on U.S. 380 with trucks going through intersections. While the Kings Row intersection was dangerous, there was a tremendous problem at Nottingham and U.S. 380 and there was a grave danger of a major accident on U.S. 380 because of the trucks. While she was concerned for the people on Neptune, she felt that perhaps the truck situation could be acted on as the wall was started. Council Member Perry suggested that approval of a contract by the State would be a good trigger to proceed with the ordinance. Mayor Pro Tem Smith felt that the city was running a risk with trucks on U.S. 380 at this point in time and encouraged continued attempts to have a traffic signal at Kings Row. She expressed concern as to why the City would need to talk with the Chamber of Commerce as through traffic trucks would not make a difference with businesses on U.S. 380. Council Member Cott indicated that the transportation department of the Chamber had studied many of these areas and was one of the agencies which helped get the intrastate trucking changed. If all were partners in the community, then the Chamber should be informed. Mayor Pro Tem Smith indicated agreement in obtaining information from the Chamber but not permission. Miller motioned, Chew seconded to proceed with the drafting Of the ordinance for consideration at a later meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Miller left the meeting. 10. Miscellaneous matters from the City Manager. Council returned to the Work Session items not considered earlier in the meeting. 5. The Council received an update and held a discussion regarding the Juvenile Diversion Task Force. Harlan Jefferson, Director of Treasury Operations, stated that four actions were needed before the Task Force could be assembled. The first was to update the resolution which established the Task Force 338 City of Denton City Council Minutes September 21, 1993 Page 19 by removing the Concerned Parents Organization which appeared to have disbanded and the second item was to add the student representatives from the various high schools and middle schools. The DISD had suggested that a representative be established from the Fred Moore Learning Center which was an alternative school for students with problems. The third action required was the selection of a chair by the Council and the fourth item was the selection of individuals for the currently vacant positions. Council Member Miller returned to the meeting. Council Member Chew indicated that he would like to have a representative from the Fred Moore Learning Center included on the Task Force. Consensus of the Council was to add a representative from the Fred Moore Learning Center to the Task Force. Council Member Miller indicated that Elizabeth Garrett and Carey Jones had indicated an interest to be on the Task Force. Mayor Pro Tem Smith asked if those individuals would fit into any of the current vacancies or be at-large representatives. Council Member Miller nominated Elizabeth Garrett to represent a community based organization as she dealt with the Children's Place. Consensus of the Council was to add Elizabeth Garrett to the community based organization position. Mayor Castleberry suggested placing carey Jones in an at-large position. Consensus of the Council was to include Carey Jones as an at-large representative. Jefferson asked what the Council wished to do regarding the other changes to the resolution which would be to remove the Concerned Parents Organization and add four more student representatives. Council Member Brock suggested Jefferson check with Calvin Evans before eliminating the Concerned Parents Organization. Consensus of the Council was to proceed with the amendments. If Jefferson were able to locate representatives from the Concerned Parents Organization, then it would remain in the resolution. If he could not, the organization would be removed. The selection of 339 City of Denton City Council Minutes September 21, 1993 Page 20 a chair would be deferred until all representatives had been selected. Nominations for the remaining vacant positions would be done during the second meeting in October with finalization at the third meeting in October. 6. The Council discussed a proposed North Denton Center Neighborhood Association/North Texas Fair Association Task Force. Rick Svehla, Deputy City Manager, stated that during the Council's discussions regarding the Fair, there was a proposal to have this item on a work session for'discussion. Council Member Perry read a proposal to Council which was included as part of the agenda back-up materials. Council Member Cott asked what would be the purpose of the Task Force. Council Member Perry replied that it would continue the efforts already started and had been in progress for several years. Council Member Cott asked what were the efforts. Council Member Perry replied to operate the Fair and related kinds of activities in such a way so as to take into the account the needs of the neighborhood as well as the Fair Association. Mayor Castleberry stated that he would like to ask the Fair Association to provide Council with a list of activities which were on a regular basis that might require a noise variance so that Council could consider them all at one time. Any irregular groups would be handled separately. Council Member Cott stated that that would be a legitimate approach. There had been good independent reaction recently. He would not be in favor of an organization which would have veto power over the Board. Council Member Perry stated that there would be no veto power and that he was looking to continue ...... Council Member Cott stated that if there were a committee .... Council Member Perry indicated that he had the floor and continued that he was looking to continue the good work which had been done. Council Member Cott felt that if the Association and neighborhood were left alone, the good results which happened during the Fair 340 City of Denton City Council Minutes September 21, 1993 Page 21 would continue. He did not see any particular problem in the area. Council Member Chew indicated that there was a problem in the area... Council Member Cott asked what was the problem. Council Member Chew replied there was a litter problem, a traffic problem and a noise problem. He felt the best way to work out those problems would be with a task force .... Council Member Cott stated that they already had. Council Member Chew stated that not all of the problems had been worked out ..... Council Member Cott stated that for the 10 days during the Fair, there were 960 police calls with a total of 10 at the Fair. There were 95 arrests in the City and of the 50,000 people who attended the Fair, there were only 4 arrests. This had become a hostile situation and was not a cooperative situation. This had been well along the way to being corrected. He felt that the Mayor's suggestion was right as to the list of activities needing a noise exemption. Council Member Chew asked for the floor back as Council Member Cott had interrupted him. He asked that a task force be given a chance. He had been at the Fair when the nursing home driveways were blocked as he could not get into one of the homes. Something better was needed to be worked out than what was in the past. This would be a good time to begin such discussions and work out a solution to the overall problems of the area. Council Member Miller stated that the City Manager had communicated that there was an individual he had worked with in Missouri who was now a professional mediator. This individual had offered his services to the City of Denton without a fee for any issue which the City would like to address. He suggested working with the City Manaqer to see what kind of desiqn this individual would come up with to bring the two parties together. This was not a neighborhood issue or Fair issue but a community issue. A study session could be held with this individual to see what he might recommend. Council Member Chew agreed with Council Member Miller that this might be an ideal solution with a task force. 341 City of Denton City Council Minutes September 21, 1993 Page 22 Council Member Miller stated that he was not suggesting a task force at this point. He was suggesting a study session and from that perhaps go with a task force. Mayor Pro Tem smith felt that this would be a good idea. An outside view point might be needed at this time. She was hesitant ~to see a task force with a Council Member as chair as it might set a precedent. The chair should be a separate individual or elected from the group with perhaps co-chairs. Council Member Perry stated that there were Council Members who were chairs of all. kinds of committees. He did not feel that a mediator was necessary. He felt that the people of Denton would work out their own problems especially since this area had been in that process for some time. Council Member Miller stated that a mediator would not solve the problems. The people would do that with the help of an outsider who would help the people understand the issues and work together for solutions. Council Member Cott agreed. Mayor Castleberry indicated that the consensus of the Council was to have the city Manager have the individual present for a work session and discuss the issue further at that time. 7. The Council received a report and held a discussion regarding a request from the Lake cities for fire service and gave staff direction. Rick Svehla,' Deputy City Manager, stated that the City had been approached by several members of Lake Cities requesting Denton provide fire service other than the EMS service it currently was providing. Staff indicated that the City would be open to a meeting regarding the issue but also indicated that any proposal would need Council approval. There were several cities interested in discussing the acquisition of services from Denton. Staff indicated that services would be on a paid basis and not gratis or at a detriment to the City of Denton. This was a complex issue and would not be resolved in the near future. Time was needed to discuss what services would be provided and the costs associated with those services. He felt it would take a minimum of 90 days to resolve some of those issues. He suggested continuing discussions with the direction for cooperation but not to present any detriment to the City of Denton. 342 City of Denton City Council Minutes September 21, 1993 Page 23 Council Member Brock stated that the number one consideration would be that the City had adequate coverage. Svehla replied that needed and that the those items. additional manpower and equipment would be City of Denton was not volunteering to fund Mayor Castleberry indicated that he would like to look at the issues with the possibility of working out an agreement. Consensus of the Council was to continue with discussions with Lake cities. B. Svehla indicated that the DISD had suggested a joint luncheon on either October 6 or October 20. After discussion, the Council suggested October 20th for the joint luncheon. 11. There was no official action taken on Executive Session Items discussed during the Work Session Executive Session. 12.New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller stated that he agreed with the City Manager's comments relative to the TI plant. 13. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8:50 p.m. BO~R~ CITY OF DENTON,~S~ ACC00154