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Minutes December 07, 1993425 CITY OF DENTON CITY COUNCIL MINUTES December 7, 1993 The Council convened into the Work Session on Tuesday, December 7, 1993 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Chew 1. The Council convened into the Executive Session to discuss the following: ae Ce Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Considered offer of settlement in Williams~ et al. v. Cabrales~ et al. 2. Considered Roebuck v. City of Denton. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Discussion regarding property acquisition on Mayhill Road and Foster Road. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council received a report, held a discussion and gave staff direction regarding roofing policies and procedures. Tom Shaw, Purchasing Agent, stated that city roofing policies and procedures and the development of specifications were developed after a determination in 1989 that the city had problems with the roofs on all of its buildings. The Facilities Manager and Purchasing Agent solicited proposals for a roof study to identify problems and recommend solutions. Mike Barton was selected to do the roof study following the procedures outlined in the backup provided to Council. The roof inspection which covered the sixteen buildings the city had at the time was completed in October of 1989. Barton determined that the two main problems with the roofs were age and design. The city was dealing with a five-year type roof warranty with a ten year life expectancy and the design was predominantly flat. Several systems were studied and the Hyload roof, a coal/tar elasta merit membrane system, was chosen as the standard. Shaw stated that one criteria used in selecting roof standards was longevity which included a fifteen year warranty from the manufacturer on the 426 City of Denton City Council Agenda December 7, 1993 Page 2 materials with the supposition that the city then had a 30 year life expectancy on roof. The warranty settled on was a fifteen year on materials and two years on labor. Because city budget dollars were tight, roof repairs inconvenienced citizens and employees, and the city needed a roof which complied with all the bidding statutes; the city chose a minimum specification based on the Hyload system because it was a roof that could be competitively bid; it was available to all of the city's qualified, bondable, insurable roofers; and it had the criteria looked for in the warranty in that it did not exclude ponding, foot traffic, greases, chemicals, oils and debris. Shaw stated that the city currently had several buildings (Library, Service Center, North Lakes, Denia, City Hall, two Fire Stations, and portion of the Power Plant) that were under the Hyload or equivalent roof. The city had a few buildings that were designed by the architect without the Hyload system and those roofs continued to have problems. Purchasing and Facilities Management were working with Mr. Barton on suggestions on how to repair or how to compensate for the damages that were being done to those roofs. Shaw stated that the city continued to send roofing bids to approximately nine to twelve different bidders each time and continued to get good, competitive bids. The materials were accessible to any of the roofers that so desired to install the roofs, and it was known that there were at least two other manufacturers of a comparable system that could be offered. In his backup, Shaw provided a lengthy list of current users of the same specification that Denton had opted to use. Many other subdivisions using the same system gave excellent reviews for the roofs with no failures. Staff highly recommended that Council maintain the level of integrity on the roofing systems. Council Member Perry asked what was Hyload. Shaw stated that Hyload was a manufacturer of the membrane that was the top coat of the roof. Council Member Perry asked that when the word Hyload was used in the specification did it actually mean the membrane Hyload or a comparable one other companies made. Shaw stated that Hyload referred to the elasta membrane that went on the roof. Council Member Perry questioned whether the use of a technical term not a brand name was more acceptable. 427 City of Denton City Council Agenda December 7, 1993 Page 3 Shaw stated that in 1990 when bidding a portion of the Power Plant, all reference to Hyload was taken out of the specification and dealt with a performance specification only. A number of questions from roofing contractors concerning what was the system, how would they get in touch with them, and where could they buy the materials were received. Staff opted, for the benefit of the contractor, to make a note at the bottom of the specification which read "Hyload or equal" The intent was to give contractors a source, a manufacturer, and a comparison for any other roof system that they might have assuming that they could go to a specification published by Hyload to compare their roofing system. Council Member Cott stated that he questioned that the consultant that the city hired also worked for the principal supplier. Cott questioned what the city was wanting the specification to do when using the concept of setting a specification for a roof that was the specification of a particular brand of product and a particular system rather than setting a specification for performance. Also, Cott questioned not specifying the type of guarantee and warranty the city used and was in effect what the city had now a separate materials and construction warranty and the city had to prove that something was done in the construction within two years for the warranty to kick in on the fabric. He recommended that an all inclusive risk policy obtainable for a small dollar amount could be purchased. Cott stated he had spoken with staff about the roofing specifications because local industry felt that the specifications were so set that there were only two or three companies that could bid the job. Cott asked that the city specify what the city was asking the bid to achieve in the future. He stated that the reason for that was that when the city specified a specific system the city excluded all the new things that may come along. Council Member Miller questioned whether a specification that specified only a 15 year roof with no design standards whether alternatives would meet or exceed the specifications. Miller stated that roofs were previously purchased based on the fact that the roof would do the job. The city study determined that for the kind of buildings the city had, unless roofs had certain configurations, the roofs would not work no matter what was said. City Manager Harrell stated that the situation with Hyload was that it was a name manufactured roof and system but there were at least two other manufacturers that could meet the same specification and, working through an installer, could bid on a city project using the current specification. Council Member Cott agreed that if the installer used the fabric they could meet the specification which was 60% of the job. Cott 428 City of Denton City Council Agenda December 7, 1993 Page 4 stated that the city was not establishing puddling as a standard only that if the installer use a specific fabric and only that fabric they were able to meet specifications for the job. Cott stated that it was his understanding that the specifications started with the configuration of top fabric and staff stated that there were three manufacturers of that fabric. Cott contended there were 50 installers in the region who did not use the specified fabric and had limited access to the fabric and therefore found it difficult to bid on the construction. Due to a time constraint, the item was continued during the Regular Meeting. 3. The Council received a report, held a discussion and gave staff direction regarding the televising of City Council meetings. Due to a time constraint, the item was considered during the Regular Meeting. 4. The Council received a report and held a discussion regarding the Airport Plan and height and noise zoning regulations. Due to a time constraint, the item was considered during the Regular Meeting. The Council convened into the Regular Meeting on Tuesday, December 7, 1993 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Cott, Perry, and Miller. ABSENT: Chew 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. The following item was considered out of order. 5. The Council considered approval of a resolution of appreciation for John F. Kizer, Jr. 429 City of Denton City Council Agenda December 7, 1993 Page 5 The following resolution was considered: No. RA93-008 RESOLUTION in appreciation of "JOHN F. KIZER, JR." WHEREAS, on October 15, 1993, John F. Kizer, Jr. retired, after serving with the Denton Fire Department since October 1, 1973; and WHEREAS, during the past 20 years, John F. Kizer, Jr. has represented our City in the City of Denton Fire Department as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding services of John and wish to recognize same; and WHEREAS, John has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues, and citizens of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: That the sincere and warm appreciation of John F. Kizer, Jr. felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas and forwarding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this the 7th day of December, 1993. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council considered approval of the minutes of November 2, 1993 and November 16, 1993. City of Denton City Council Agenda December 7, 1993 Page 6 Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Presentation by the Citizen's Police Academy. Debra Knight, Class President of Class 93B, along with recent graduates of Class 93B and members of the Citizen's Police Academy Alumni, gave recognition to the Denton Police Department for the Police Academy which started in 1992. Ms. Knight presented Sergeant Steve Macsas and Officer Bill George a plaque showing their appreciation for the dedication, time, and effort to bring the Citizen's Police Academy program to the community. 4. The Council considered approval appreciation for Thad Blocker. The item was pulled for consideration. of a resolution of 5. The Council considered approval of a appreciation for John F. Kizer, Jr. The item was considered earlier in the meeting. resolution of 6. The Council received a report from the Ad Hoc Citizens' Sales Tax Advisory Committee on the public information program for the January 15, 1994 election. Tom Harpool, Chairman of the Ad Hoc Citizens' Sales Tax Advisory Committee, stated that the Sales Tax Advisory Committee came about as result of a change in the state law enabling cities to put before the voters the issue of a 1/2¢ sales tax increase provided it was offset by an equivalent amount or more in property tax decrease. Harpool reported that Council formed the committee in July and it had been meeting for several months doing research and background work. As a result of the Committee's report to the Council in October, Council set the election for January 15, 1994. The Committee, at the request of Council, continued work leading an education campaign to educate voters as to issues involved and received input from the citizens. The Committee of fifteen was divided into a number of subcommittees, including Public Relations, Media, Speakers Bureau, Mailings, etc., to educate public on the issue. The Committee appreciated the hard work and support of 431 City of Denton City Council Agenda December 7, 1993 Page 7 Council and solicited their continued interest and support. The Committee determined that there was no question in their minds of the economic importance of the issue to the City of Denton. 7. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance changing Planned Development No. 71 by expanding the area within the planned devel.opment zoning district to 1.2306 acres by rezoning .553 acres from SF-7 to planned development, and approving a detailed plan changing the proposed use from mini- warehouses to eight duplex structures. The site was located approximately 170 feet south of the Uland Street intersection with Frame Street. Z-93-024 (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that the item was a planned development detail plan approval. The detail plan was for 16 units in eight separate structures. The units were off to one side of the development with a large area of reserved open space to the north. Robbins stated that, in addition, a couple of other issues associated with the design of the development were a six foot screening fence along the northern boundary as well as a screening fence for the parking lot so that headlights would not shine to the property adjacent which was zoned $F-7. There was also a six foot fence on southern property boundary between it and the SF-7 zoning and included the maintenance of the existing vegetation in the area for screening. Robbins stated that the dumpsters were placed appropriately for easy access toward the front of the development and were screened according to regulations. There were 33 notices made of the development and one received in opposition. The opposition was really not opposed to the specific development but was concerned about the area being zoned for business purposes. No other opposition forms were submitted and no other replies made in favor or opposition. The change in the planned development was from an approved development for a mini warehouse to duplexes and the addition of about 1/2 acre of land that was currently zoned SF-7 to the PD. Robbins stated that with respect to intensity allocation, based on current zoning there were about 270 intensity trips allocated. If the new zoning was approved, the intensity allocation based on zoning was decreased to 160 trips or a decrease in intensity of 90 units. The Planning and Zoning Commission recommended approval of the PD detail plan. The Mayor opened the public hearing. 432 City of Denton City Council Agenda December 7, 1993 Page 8 Mr. John C. Johnson., 2905 Pennsylvania Drive, owner of the subdivision, stated that the staff and he had gone over the plan in careful detail over the last few months. Johnson stated that city staff had ample time to review plans and had approved the plan, and the neighborhood had been very supportive. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 93-217 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED DEVELOPMENT NO. 71 (PD-71) BY ADDING TO PD-71 .553 ACRES WHICH IS HEREBY REZONED FROM SINGLE FAMILY-7 (SF-7) TO THE PD ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A NEW DETAILED PLAN ENCOMPASSING THE ENTIRE 1.2306 ACRES OF LAND LOCATED DIRECTLY EAST OF FRAME STREET AND KENT STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Perry 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. B. The Council held a public hearing to consider the preliminary and final replats of Lot 1, Block 1, Frame Addition, plus .553 acres of unplatted land; into Lot 1R, Block 1. The 1.2306 acre tract was located on the east side of Frame Street at Kent Street. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that the item was the residential replat for the preceding agenda item. Since the item was a residential replat, State law required a public hearing. The Planning and Zoning Commission unanimously recommended approval. The Mayor opened the public hearing. John C. Johnson, 2905 Pennsylvania Drive, stated the preliminary and final replats were part of same project and were separate agenda items only by necessity. 433 City of Denton City Council Agenda December 7, 1993 Page 9 No one spoke in opposition. The Mayor closed the public hearing. Cott motioned, Brock seconded to approve the preliminary and final replats. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. - The Council held a public hearing and considered adoption of an ordinance approving a detailed plan for 9.296 acres of Planned Development No. 87, and rezone an additional .330 acres of the planned development to $F-10. The entire tract of land being reviewed was 9.626 acres, located on the west side of Lillian Miller Parkway at Southridge Drive. Z-93-022 (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that the area was being zoned from PD to SF-10 and would be platted to adjoin the other lots in the area. The item included sixteen lots in a planned development which was currently zoned for about forty units. The detailed plan included a 50 foot setback along Lillian Miller and within the 50 foot setback would be a marginal access drive that provided access to all the lots that would only have frontage on Lillian Miller. City regulations stated that individual lots should not have direct access to an arterial street due to safety and capacity of the arterial street. The development would have an access drive off of Lillian Miller with a median cut on the south end and a private access drive which would act like a connecting street to a set of driveways for those lots similar to the one on Ector Street where there was a marginal access situation to an arterial street. Robbins stated that the planned development exceeded city specifications with respect to median openings plus it had a set of specifications for either a road intersection or driveway location spacing from another street intersection on an arterial. A number of design alternatives had been reviewed for the project and staff felt the design was the best in terms of the amount of money needed to put the infrastructure in place. Neighborhood meetings were held and input received which was why access was on the frontage road and not from an alley in the back. The Planning and Zoning Commission unanimously recommended approval of the rezoning from PD to $F-10 and the detail plan that decreased the development by fourteen units from what was presently in place. The Mayor opened the public hearing. 434 City of Denton City Council Agenda December 7, 1993 Page 10 Tony Krauska, Kurts Bedford Associates in Garland, which represented Mitch Vexler, Mockingbird Management Company from Highland Village, expressed his thanks to city staff for their help and cooperation since last August. The piece of property which was originally designed for commercial ten years ago, which was not what the community wanted, had been redeveloped for the best residential layout. The private drive would be built to city street standard design, not a driveway type design, but with lime stabilization and six inches of concrete. Council Member Cott questioned how the maintenance was going to be alleviated. Krauska stated that a homeowners association would be established as part of the project and would set aside funds for a long term maintenance program. The primary point of maintenance for the roadway would be in the design of the roadway itself. Krauska stated that six inches of lime stabilization with concrete pavement when laid on the steep grade would be a design that would last twenty to thirty years or more. Council Member Cott asked if the developer was willing to put some escrow up for the period until someone was living in the development, and if not an escrow or a bond of some type. Krauska stated that the developer had to provide the normal maintenance bond and that could be included under that bond. Council Member Cott stated that since the street was suppose to be an arterial, but there was another curb cut which may no longer make the street an arterial. Krauska stated that the cuts, and the fact that the community did not want the street to be an arterial, and he also stated that there was 50 acres about to open up across Lillian Miller which might determine that there was a need for a traffic light at the major intersection. Council Member Cott stated that all the development to date was on the on west side of the street which made the east side arterial. Robbins stated that technically Lillian Miller was designated as a secondary arterial and was built to secondary arterial specification which was four lanes divided. The Mayor stated that the because the street was to be built to city standard specifications and would have very little traffic, very little maintenance would be needed for many years. 435 City of Denton City Council Agenda December 7, 1993 Page 11 Krauska stated that the developer owned lots back in Southridge and would not walk away from his responsibility. Council Member Cott stated he would like to see some kind of maintenance guarantee for the street. Council Member Perry asked where the neighborhood meeting on November 14th was held and how many people were present. Robbins stated that the meeting was held in the Civil Defense Room and about three to five folks attended. Robbins stated that the developer had been in communication with folks in the neighborhood prior to the meeting so many knew what was occurring at the neighborhood meeting so the relatively small turnout with no concern voiced at the meeting. Robbins stated that the Planning and Zoning Commission recommended approval with two conditions. The two conditions were that the areas circled in green on the detailed plan, which were drainage easements, have no fences built in the easement that could block the flow of water. The second condition was related to the middle circle on the map, shown as 16 foot utility easement, which according to city specifications was the normal width of city drainage easements. However, Robbins reported that instead of amending the detail plan map the preliminary plat was amended. The builder and applicant were aware of the conditions and had no problem with them, but the detail plan map needed to be amended to show the conditions. Staff recommended finishing the public hearing and postponing consideration of the ordinance to December 21st so the ordinance would adopt the right detail plan map with the Planning and Zoning Commission conditions attached. Mayor stated that the recommendation was to not consider adoption of the ordinance, but asked if the ordinance could be adopted with the two provisions. Robbins stated that technically it could be adopted but the preliminary plat for the same development was scheduled for consideration on December 21st and since it was a residential replat required a public hearing. The City Attorney recommended consideration of both on the agenda for December 21st. The applicant had no difficulty with the consideration on December 21st. Council Member Perry asked the City Attorney if Council could set the postponed action to the 21st as Mr. Robbins had suggested. 4 3.6 City of Denton City Council Agenda December 7, 1993 Page 12 Debra Drayovitch, City Attorney, stated action could be postponed to date certain. No one spoke in opposition. The public hearing was closed. Perry motioned, Smith seconded to postpone action on the item to the meeting of December 21, 1993, to allow the suggested conditions to the detail plan map to be done. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing to consider the preliminary and final replats of .555 acres of the R. E. Ford Addition; into Lots 1R and 2R, Block 3. The site was located on the south side of Lindsey Street, between McCormick and Interstate 35E. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development stated that the preliminary and final replats split one lot into two lots. Because it was a residential replat, a public hearing was required. The Planning and Zoning Commission unanimously recommended approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Smith motioned, Perry seconded to approve the preliminary and final replats. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. Consent Agenda A. Ordinances 2. 3. 4. 5. Contract with Fred Moore Child Care Center Contract with Denton County Friends of the Family Contract with Services Program for Aging Needs Contract with United Way of Denton County Contract with North Texas Community Clinics City of Denton City Council Agenda December 7, 1993 Page 13 437 B. Resolutions Ce 2. 3. 4. Contract with City of Krum Contract with City of Corinth Contract with City of Lake Dallas Contract with City of Shady Shores Bids and Purchases 1. Bid #1555 - Maple Street Sanitary Sewer 9. Ordinances - Consent Agenda Mayor Castleberry stated that Ordinances 9.A. - 9.F. were implementing the consent agenda. The following ordinances were considered: 9oa. No. 93-218 AN ORDINANCE APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 9.Bo No. 93-219 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FRIENDS OF THE FAMILY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 9.C. No. 93-220 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 438 City of Denton City Council Agenda December 7, 1993 Page 14 9.D. No. 93-221 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND UNITED WAY OF DENTON COUNTY, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 9oEo No. 93-222 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND NORTH TEXAS COMMUNITY CLINICS, INCORPORATED; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 9°F. No. 93-223 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt Agenda Items 9.A. - 9.F. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions - Consent Agenda Mayor Castleberry stated that Resolutions 10.A. - 10.D. were implementing the consent agenda. The following resolutions were considered: 10.A. No. R93-074 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 439 City of Denton City Council Agenda December 7, 1993 Page 15 10.B. No. R93-075 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 10 .C. No. R93-076 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 10 .D. No. R93-077 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Cott motioned, Brock seconded to approve Agenda Items 10.A. - 10.D. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Ordinances A. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Steele-Freeman; and providing for an increase in the contract price. City Manager Harrell stated that a detailed discussion of the change order item had occurred two weeks ago. Council asked that staff contact Steele Freeman to ask if they would solicit other proposals for the Council's consideration as they processed the change order. Steele Freeman contacted other manufacturers of comparable roofing materials. The quotes were included in the backup, and the Hyload quote continued to be the lowest quote. Therefore, Steele Freeman recommended Hyload because they were the lowest and most responsible proposal they could forward to the Council for consideration. 440 City of Denton City Council Agenda December 7, 1993 Page 16 Harrell stated that the city had one of two alternative ways to approach the problem while at the time not exposing the city to some kind of fairly substantial damage claim from Steele Freeman. One alternative was to immediately do repairs to the roof at an estimate of $35,000 to $40,000 realizing that when the project was completed by Steele Freeman and the city went out for bid to replace the roof with a new roof that the temporary repair cost would be lost. The second alternative which was recommended by staff and the architect was to execute the change order. Staff felt it was a responsible change order competitively priced which allowed the project to be completed in short order. Council Member Cott stated that because of extensive conversations there was no purpose served in holding up the change order. Cott requested that the city reach out to local Denton manufacturers and set up meetings with them to make sure there was a clear understanding between Denton manufacturers and the staff as to the availability of work in the community. The following ordinance was considered: No. 93-224 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND STEELE-FREEMAN, INC.; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Miller 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. B. The Council considered adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Housing Rehabilitation Program and eligibility criteria; and authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. Barbara Ross, Community Development Administrator, stated that the ordinance being considered and the one following allowed staff to continue to carry out the housing rehabilitation program and the rental rehabilitation program. The ordinance allowed staff to commit to projects where there might be expenditures in excess of $15,000. As with the ordinance last year, the ordinance allowed the city to serve clients on a first come, first served basis in the owner occupied housing rehabilitation program. In the rental rehabilitation program, it was first come, first served with some 441 City of Denton City Council Agenda December 7, 1993 Page 17 discretion to which rental rehabilitation project provided the highest benefits to low income tenants. Council Member Brock asked if expenditure for renovation could be up to $80,0000. Ross stated that the housing rehabilitation program included CDBG funding and Home funding. The HOME program allowed cities to do reconstruction which included demolition of an existing structure, relocation of the family during the time and rebuilding of the structure. Ross reported that the monies must be committed by January. No plans were made to do any reconstruction, but in the event the city did reconstruction, the city could expect to spend upwards of $50,000. The following ordinance was considered: No. 93-225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOUSING REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Cott 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. C. The Council considered adoption of an ordinance approving the guidelines for the Rental Rehabilitation Program and eligibility criteria; authorizing expenditures in excess of $15,000 for projects meeting program guidelines and criteria. The following ordinance was considered: No. 93-226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. 442 City of Denton City Council Agenda December 7, 1993 Page 18 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. D. The Council considered adoption of an ordinance allowing certain employees of the City who have terminated previous memberships in the Texas Municipal Retirement System, to deposit the sums so withdrawn, plus annual withdrawal charges, and allowing and undertaking the cost of allowing any such employee credit in such system for all service to which such employee had been entitled at date of such withdrawal, with like effect as if all such service had been performed as an employee of this city. Tom Klinck, Director of Human Resources, stated that the next two ordinances for consideration were the final enhancements to retirement program for employees participation in the Texas Municipal Retirement System. Item D. was an ordinance which implemented a prior service buy back program which allowed employees who had previously forfeited service to be able to repurchase the service. Klinck reported that the employee must repay all of the money withdrawn plus a 5% interest penalty. He stated that the actuarial study completed recently showed 31 employees eligible, but anticipated that not all would take advantage of the benefit. Based upon the actuarial projection, the cost to the city was a .14% increase in the city's contribution. The 93/94 approved budget included a .25% estimate for the item at the time the budget was prepared; thus there was a lower expenditure than budgeted of about $14,000 citywide. Council Member Cott asked what was in the provision for the city. Klinck stated that the prior service buy back provision allowed an employee who had put time in either our city or some other TMRS city to purchase that service back if they had withdrawn it. Thus, it increased the employees number of years served to reach retirement eligibility sooner. As a human resource management technique, the employee would be allowed to transition out of organization sooner, and the organization would be able to bring new blood into the organization normally at a lower rate of pay and lower rate of compensation. 443 City of Denton City Council Agenda December 7, 1993 Page 19 The following ordinance was considered: No. 93-227 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Smith 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. E. The Council considered adoption of an ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Denton; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; and repealing Ordinance No. 93-201. Tom Klinck, Director of Human Resources, stated that the ordinance authorized annually repeating updated service credits. The Council earlier adopted the new 6%, 2:1 benefit effective January 1, 1994. Updated service credits brought the retirement benefit calculation for employees to the most recent three years of earnings contribution into the Texas Municipal Retirement System. Since the ordinance provided for an annual repeating authorization, the benefits would be updated automatically for each subsequent year on January 1st or until rescinded by Council. Funding for the provision was included in the 93/94 approved budget. Council Member Miller questioned if the $53,000 was the amount approved in budget. Klinck stated that was the amount included in the contribution -- rate. 444 City of Denton City Council Agenda December 7, 1993 Page 20 The following ordinance was considered: No. 93-228 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF DENTON; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Cott 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. F. The Council considered adoption of an ordinance approving and authorizing the City Manager to execute a compromise settlement agreement in the matter of Roebuck~ et. al. v. City of Denton. Debra Drayovitch, City Attorney', recommended the ordinance with compromise settlement agreement be approved. The terms had previously been addressed, and the agreement does not provide for any obligation upon the city to expend any money. The following ordinance was considered: No. 93-229 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AGREEMENT IN THE MATTER OF ROEBUCK~ ET. AL. V. CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Perry 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. G. The Council considered adoption of an ordinance retaining the firm of Wolfe, Clark & Henderson to represent the City of Denton in litigation pending against the City. 445 City of Denton City Council Agenda December 7, 1993 Page 21 The following ordinance was considered: No. 93-230 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE FIRM OF WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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. 12. Resolutions A. The Council considered approval of a resolution formally adopting the name of the branch library. Eva Poole, Library Director, stated that the Library Board recommended the name of Denton Library - South as the new name for the branch library. The following resolution was considered: No. R93-078 A RESOLUTION OF THE CITY OF DENTON, TEXAS, FORMALLY NAMING THE BRANCH LIBRARY; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services. City Manager Harrell stated that the resolution was the annual execution of an agreement with Denton County regarding their contribution towards library services. The funding was talked about in length during budget discussions. From the city perspective, the agreement was not a sufficient amount to cover all of the costs associated with serving the county residents. However, it was a contribution which helped balance the library budget. 446 City of Denton City Council Agenda December 7, 1993 Page 22 Council Member Brock asked about the note in the back up that Section 6 on page three had been added and wondered what it entailed stating that the city would assume obligations of the County library. Ms. Poole stated that the city had been serving as the de facto County library for about 25 years. The article was added to ensure that as a legal mandate that any public library receiving county funding in return serve any resident of the county free. Council Member Smith questioned if this was the first year the city had the $7,500 matching funds and where the funds needed to come from other than Denton County and what was meant by that. Poole stated that the $7,500 match had always been a part of the agreement and all of the twelve libraries had to have their cities match the $7,500 in order to get the county allocation. The following resolution was considered: No. R93-079 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Cott seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution appointing election judges for the special election to be held January 15, 1994. City Manager Harrell reported that the resolution was the last legal step needed to be taken to set in motion the special election of January 15, 1994, and appointed the presiding judge and the district judges under the supervision of Mrs. Walters. 447 City of Denton City Council Agenda December 7, 1993 Page 23 The following resolution was considered: No. R93-080 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE SPECIAL ELECTION TO BE HELD JANUARY 15, 1994, TO DETERMINE WHETHER TO ADOPT AN ADDITIONAL SALES AND USE TAX OF ONE-HALF OF ONE PERCENT; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Miller seconded to approve the resolution. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried on a 5-1 vote. 13. The Council considered a nomination to the Airport Advisory Board. Council Member Cott reported that he was not ready to make the appointment at the meeting and would be ready at the meeting of the December 21st. 14. Miscellaneous matters from the City Manager. The Council returned to Work Session items. 2. The Council received a report, held a discussion and gave staff direction regarding roofing policies and procedures. Tom Shaw, Purchasing Agent, returned to the podium to be available for Council questions. Council Member Miller questioned whether the Council was giving staff different marching orders in terms of how the city specified roofing in the future. One issue was that the city had been able to agree on the design and, since 1989, had built a number of roofs that were successful in terms of leaking and so forth. Miller stated he was not comfortable with putting out bids which allowed someone to say they would build something that would last 15 years without specifications. Miller thought specifications should be included but not so narrowly written that others could not bid on the project but that the city should maintain some control. Council Member Perry stated that he agreed with Council Member Miller that the five criteria the city had set were very important, and the city should stick to those since they formed the basis of the city's current policy for writing specifications. 448 City of Denton City Council Agenda December 7, 1993 Page 24 Council Member Smith stated that she does not have a vast experience in roof building but felt the city had a competent staff that had studied the issue and worked on it diligently to establish the five criteria required on bidding on any roof work which were available to all bondable and insurable roofers. That indicated to her that the city had tried to include anyone who met the criteria. Smith was willing to let the professional staff write criteria and manage things of this nature. Smith motioned, Perry seconded to continue the current policy while keeping alert and looking for any new activity that might be profitable to the city and depending on the professional staff who knew about the standards and understood them to be alert to the Council's desires. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried on a 5-1 vote. 3. The Council received a report, held a discussion and gave staff direction regarding the televising of City Council meetings. Bill Angelo, Director of Community Services, outlined three basic scenarios regarding the broadcasting of Council Work Sessions. The first scenario involved the broadcasting of Work Sessions on the first and third Tuesdays of the month from the Council Chambers prior to the regular meeting. The second scenario involved the broadcast on the second and fourth Tuesdays from the Council Chambers. The third scenario involved broadcasting meetings of the Council on either of those two time periods from downstairs in the Civil Defense Room. Angelo stated that staff felt there were many problems associated with broadcasting from downstairs in the Civil Defense Room primarily from the facility available. There was not enough site distance between the walls and the tables to allow for any type of wide angle shot which required focusing on one or two individuals during the entire meeting. Angelo stated there was a problem with the audio since there was no sound system downstairs. One could be installed at a substantial cost, or they could use directional microphones on the cameras. The problem with directional microphones was that they worked good at close distances but when a head was turned to ask a question, audio might disappear. Additionally, directional microphones picked up a lot of additional noises. The broadcast from downstairs could be done but not with very Good quality. There was a cost of approximately $2,250 to run the cables approximately 200 feet from the system upstairs to the Civil Defense Room. Personnel costs and labor to broadcast from downstairs for the first and third Tuesdays was estimated at $665 449 City of Denton City Council Agenda December 7, 1993 Page 25 for remainder of fiscal year, and $1,227 if the second and fourth Tuesday meetings were included. Another problem with broadcasting the meetings of the first and third Tuesdays was that with only two cameras available a 45 minute delay from meeting downstairs to upstairs was needed for camera breakdown and set up. Angelo stated that the second scenario which dealt with broadcasting the work sessions on the second the fourth Tuesdays from the Council Chambers had only a nominal cost of $1,227 additional personnel expenses. The problem with the broadcast on the second and fourth Tuesdays was that in discussions with the School Board in regard to sharing of the channel and the broadcast equipment, the Board had indicated that they planned to broadcast their meetings on the second and fourth Tuesdays of the month. Staff would be happy to work on that scenario and to discuss with the School Board the possibility of changing their meeting night. Angelo stated that as far as broadcasting work sessions from the Council Chambers on the first and third Tuesdays, there were no problems since the facilities were adequate and all equipment was in place. An additional expense of $667 for personnel would be incurred. Council Member Cott stated that Council Member Perry had convinced him that the Council seating configuration in the Chambers was not as conducive as the configuration in the Civil Defense Room for Work Sessions. Cott requested that the city cost a better configuration for the Council Chamber dais. Angelo stated that future remodelling activity might take place in the Council Chambers and City Hall. At that time, broadcast of the work sessions would be kept in mind to make the room downstairs a little larger and include facilities that allowed for a good audio feed. Council Member Miller stated he was very much in favor of televising all of meetings and wanted to have the work sessions televised in the future because they were important. Miller stated that he did not feel it was practical to televise the meetings from the Civil Defense Room. The configuration that made for good conversation in that room was not good for televising. Miller stated some concern regarding second and fourth Tuesday meetings and making them synonymous with Work Sessions since many times they were not all work session items and city business was conducted and some very important issues were discussed and voted on especially during the budget process. Because of conflicting meeting dates with the DISD caused problems and recognizing that both the School 45O City of Denton City Council Agenda December 7, 1993 Page 26 Board and Council met on additional nights, a resolution of the times and dates for meetings would need to be made. Council Member Brock recommended that the issue be put on the agenda for the Council's mid year planning session so that Council could work out some means for televising the work sessions because of the deliberations that go on. Brock also stated that the Council should definitely be talking to members of the School Board about the Council's understanding about working out something equitable. Brock stated that she was concerned that the Council had meetings concerning public policy when the School Board was also meeting. She felt it necessary to have a very serious discussion about the meeting date so that citizens who were interested could attend any meeting or all of them could be televised. Brock also stated that she would like address the issue of televising the Planning and Zoning meetings because they were of general interest and frequently many issues were worked out at Planning and Zoning meetings before they were presented to Council for consideration. Harrell stated that the city and the Denton Independent School District reached an informal agreement that the city and the DISD would share equipment. Part of agreement was that the city would broadcast the first and third Tuesday, but there was a provision that occasionally the City Council would have special sessions on the off Tuesdays and during those times the Council Meeting would take precedence. The issue had been discussed informally and the ball left in the DISD court as to coming forward with the formal agreement setting forth the relationship between the city and the DISD. Because they were not projecting to begin broadcasting until next spring or summer, the DISD had not felt an urgency to move forward. Based upon the city's early experience at televising meetings, the Council might want to dialogue with The School Board at the joint January meeting to encourage them to review the possibility of moving their meeting to eliminate the conflict of meeting dates. Council Member Cott asked who owned the broadcasting equipment. City Manager Harrell stated that the equipment actually owned by city and was purchased with a grant given by Sammons Communications at the last franchise negotiation with the stipulation on the grant that the equipment be utilized to televise Council meetings. The grant was negotiated to replace an earlier provision in the franchise which required Sammons to actually televise the meetings. Council Member Cott questioned to whom Sammons obligated Channel 26. 451 City of Denton City Council Agenda December 7, 1993 Page 27 City Manager Harrell stated that in the 1988 Sammons franchise agreement Sammons obligated themselves to televise Council meetings at some point in the future. During the course of the negotiations for the new franchise, the city substituted a continuance of Sammons obligation to televise the meetings with a provision that Sammons provide a grant in the amount of $60,000 to purchase the equipment to televise the meetings. School Board members talked with the city and wanted to piggyback onto the agreement and utilize the same equipment to televise School Board meetings. Through some informal discussions with the DISD, Council agreed that was a good idea to work towards. Council Member Perry stated that there were other considerations to determining what was in the best interest of citizens of Denton besides the cost of a televised program and technical issues involved. Perry stated that as close communication as possible between and among members of the Council as they deliberated issues was necessary and urged that Council not lose sight of the importance of the communication. Perry stated that everything done by the Council was in the public eye, covered by the press, and had been broadcast on the radio and available to everyone. The actions of Council were recorded fully and Perry urged that true communication between and among the Council was as urgent to the public interest as anything else. Perry felt it was an important part of communication to see everyone to build consensus. Council Member Miller asked if the channel itself was a public channel dedicated to city which the city would allow the School Board to use and what were the terms of the use of that channel. Angelo stated that the channel was a government access channel. When the city negotiated for the channel it was for the city. The city had contacted the DISD prior to the negotiations to ask if they were interested in participating with the city in some type of shared channel. The response at the time was that there was not much interest. However, the city has always kept in mind that it would be a shared channel. The city had discussions with Sammons during that time period and since, that at some point in time it was envisioned that either the city or DISD would have enough productions to warrant their own channel. Angelo felt that Sammons would honor the request for a separate channel. Council Member Miller stated that if the item was going to be discussed it should start as to where the city saw the access channel going and better utilization of the channel as a communication tool within the community not only with the city but also the school district. Miller stated that a determination of 452 City of Denton City Council Agenda December 7, 1993 Page 28 what was the purpose of the channel and what was the best utilization of the channel should be discussed by Council. The Mayor stated that in the initial discussion with the School Board there was some thought that the School Board may change their meeting night to Monday. The Mayor asked the staff to start some preliminary discussions with DISD staff about when they would like to start televising meetings, and that the item put on the agenda for the joint meeting in January. Because of the understanding with the School Board that they would be using the same equipment to televise their meetings, the Mayor felt the city needed to have discussions with them. Council Member Miller cautioned that the city phase into the extended televising and meeting changes. Council Member Brock requested that the city start using the bulletin board feature to get out information concerning the city. Angelo stated that the bulletin board was functional and had been used on a limited basis with contact numbers. During the next week or two, staff would attempt to get City Council agendas on the bulletin. ~ Council Member Smith agreed with Mr.Miller's comments and was very pleased that the city was broadcasting the regular meetings. Smith stated that she wished the city could telecast the decision making times because it could be a very explanatory type process so the citizens would know how the Council arrived at their decisions. Smith stated that the city had to be very careful not to do extended televising until the situation was workable for the Council. Based on staff's report concerning the limitations to the Civil Defense Room, she did not feel it was a possibility at the moment. Council should keep in mind the remodelling that would occur in the building in the future and work toward broadcasting all meetings. Smith concurred that the Council should talk with School Board since the city had started the process with them. Council Member Perry supported the suggestion Council Member Brock had made concerning taking another detailed look at the broadcast issue at the mid year planning session. 4. The Council received a report and held a discussion regarding the Airport Plan and height and noise zoning regulations. Rick Svehla, Deputy City Manager, stated that on Wednesday evening the Planning and Zoning Commission and the Airport Advisory Board would meet to begin receiving input on two related items at the 453 City of Denton City Council Agenda December 7, 1993 Page 29 airport. The first was height control and compatible land uses. In April, Council appointed a joint board of Planning and Zoning Commissioners and Airport Advisory Board members to study the height and land compatibility issues. State law had changed and allowed cities over 50,000 to begin to zone around airports in areas any closer than five miles from the end of runway and any closer than a mile and half on either side of runways. Because of the law change and because the city was in the midst of doing a master plan, the Council appointed the board to look at zoning issues. The joint board finished their work in July and had since made preliminary recommendations to Council. Since the joint board anticipated doing zoning controls on adjacent land at the airport, the joint board was taking the issues to the Planning Zoning Board. At the joint meeting on Wednesday night, the recommendation would be discussed. Svehla stated that the area described by the law allowed the city to zone and control approximately 33 square miles which was roughly half again as big as the City of Denton. In the initial discussions, the joint board thought that the area was very large and should be reduced. Consequently, the joint board received a large amount of information on the noise characteristics of future improvements. The joint board had come to Council several times with configurations at the airport based on demand and forecasting to include not only extensions to the existing runway but also a second larger runway. Based on the recommendations of the draft configurations of the plan, the joint board made recommendations for a two prong approach for zones of land around the airport. The zones were called Zone 1 and 2. Zone 1 was the closest area around the existing and proposed improvements and additions to the airport and prohibited the building of residential type of uses. The area was more compatible with industrial and commercial uses and mirrored the existing Denton Development Plan for land use around the airport. Zone 2 allowed residential uses with one or two options of either an avigation easement granted by the land owner that acknowledged that air transportation or traffic of some sort may actually be using air space above the property or that when a building was permitted special noise mitigation be used in construction. The requirements for noise mitigation were very similar to standard building practices that were used in any kind of energy efficient home being built in the city now. The joint board listened very carefully in the public hearings they held to concerns expressed by individuals. The joint board looked at how the zones matched the Denton Development Plan, how the original thought was to zone a large tract of land and then very minimally constructed the new zones. Svehla added that the joint board wanted to be assured that existing structures were not affected by the new regulations which was true with the exception of buildings which were added on to which needed to meet the new standards. 454 City of Denton City Council Agenda December 7, 1993 Page 30 Svehla reported that the second issue to be discussed was the Master Plan. The Master Plan entailed not only the existing airport and improvements to it, but also future improvements to the existing runway and finally to looking to expand to a larger runway to the west. The Airport Advisory Board was very cognizant of a number of things including forecasting demand for commuter travel, cargo and general aviation. The projections of the new draft Master Plan were much lower than that of the 1986 plan and were based on the new projections for growth for Denton. The Airport Board was very cognizant of costs and making sure not to move any faster than demand dictated and ensuring the city was applying for all the FAA matching funds available. Svehla stated that after the public hearing additional information would be gathered and expected the issue to be to Council for consideration during the first quarter of 1994. 15. There was no official action on Executive Session Items discussed during the Work Session Executive Session. 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller updated the Council on visioning activities. The Cabinet met on Tuesday morning and appointed co- leaders for impact groups. The six impact groups were The Business City, The Cultural City, The Education City, The Functional City, The Hospitable City, and The Transportation City which had subheadings under each which would be interrelated. The training time was set for the evening of January 13 for the co-leaders at which time they would go through the process of dealing and considering change, strategic planning, and the idea of facilitating and communicating the process with the impact groups. Sometime between now and January a communique to peopled interested in being involved in process would be sent asking for their first, second and third choice for involvement in the visioning process. Impact group appointments would be made based upon their choices so that representation from the community was in each group. By the latter part of January, the impact groups would have their first meetings and get underway. The Visioning Room at the Denton Municipal Center was just about complete and would be available for impact group meetings and to display materials. B. Council Member Smith announced that Council would be cleaning their Adopt-A-Spot on Saturday, December 18th at 9:30 a.m. 455 City of Denton City Council Agenda December 7, 1993 Page 31 17. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 9:30 p.m. Betty Wi~l~ms Deputy City Secretary' City of Denton, Texas ACC0017A