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Minutes March 22, 1994 CITY OF DENTON CITY COUNCIL MINUTES MARCH 22, 1994 The Council convened into the Work Session on Tuesday, March 22, 1994 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: Council Member Chew 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered pursuing claim City of Denton against Fox-51, Inc. 2. Considered action in Gibson & Ervin v. City of Denton. Received and considered legal advice regarding solicitation from public streets. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Co Considered property acquisition on Foster Road and Mayhill Road. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 2. The Council received a report and held a discussion, and gave staff direction regarding the Employee Wellness Program. Joseph Portugal, Assistant to the city Manager, stated that five responses had been received regarding the City's request for proposal for the wellness assessment. Selection criteria for a provider included level and type of services, experience, qualifications and participation by professionals, time schedule and a~ditional services. Based on review of those criteria, it was recommended that the contract be awarded to Dynamic Health and Performance. The Dynamic Health and Performance questionnaire was professional and comprehensive, the staff was very professional and had experience with local governments, and assured confidentiality for employees and management reports. Council had previouBly approved $19,000 for the program. The initial cost estimate for the program was based on $25 per employee with a participation goal of 80% of the City employees. This agreement was for $45 per participant for the first 450 participants and $43 per participant over 451 participants. The current participation rate was 45-50% of the employees which was within the authorized budget. If the participation rate of 50% was exceeded, there might be the .City of Denton City Council Minutes March..22, 1994 Page 2 potential that additional funding of approximately $10,000 would be needed. If that were the case, staff recommendation was that the amount be taken from the difference in the health insurance budget and cost of the contract with Harris Methodist. Council approval would be sought before those funds were used. Council Member Perry asked if the City would be. receiving a better product due to the higher cost. Portugal stated that any additional funding would be needed if the percentage of employees participating in the program was over the 50% estimate. City Manager Harrell stated that originally the cost of the program had been miscalculated. It was thought that the program would cost only $25 per employee and after the proposals had been received, it was discovered that the cost would be higher than that. The cost differential was due to an underestimate of the cost. Council Member Brock asked if the Dynamic bid was the lowest bid. Portugal replied yes and that it was also the best evaluated bid. Consensus of the Council was to proceed with the program and to return to Council for consideration if the program would exceed budget. The Council considered Item #4. 4. The Council received a report, held a discussion, and gave staff direction regarding the naming of the Leathers Playground at South Lakes Park. Rich Dlugas, Superintendent of Parks and Recreation, stated that council had been briefed at a previous session on the Leathers Playground concept. Friends of South Lakes Park were actively looking for a name for the playground and had solicited 200 names from the elementary and middle schools in Denton. Four names were submitted to the Parks and Recreation Board. The schools voted on those four names on March 8 'and the two names receiving the majority of the votes were "Eureka" and "Kids Work". The Friends were requesting guidance from the Council on the name it liked for the playground. Mayor Pro Tem Smith stated that she had been at Sam Houston School visiting the third grade children and they were in favor of the name "Kids Work". City.of Denton City Council Minutes March 22, 1994 Page 3 Council Member Miller indicated that he had taken an informal poll and that "Kids Work" was a favorite. Consensus of the Council was to support the name of "Kids Work" for the playground. 3. The Council received a report and held a discussion regarding solicitation from the roadways and gave staff direction. Due to a time constraint, this item was considered during the Regular Meeting. under Miscellaneous Matters from the City Manager. 5. The Council received a report and held a discussion regarding "Building Communities: Together", Empowerment Zones and Enterprise Communities, and application for designation as an Enterprise Community. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, March 22, 1994 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 members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of March 1, 1994. Council Miller noted a correction on page 16 of the minutes. He asked that the wording "if received any funding from the County" be added to his comments regarding the City serving non-residents. Perry motioned, Smith seconded to approve the minutes with the noted correction. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 77 City of Denton City Council Minutes March 22, 1994 Page 4 Mayor Castleberry presented the following proclamations: National COmmunity Development Week Professional Social Work Month Denton Redbud Day Following the presentation of the proclamation for "Denton Redbud Day", Mayor Castleberry presented awards for outstanding redbud trees in Denton. ~ 3. Resolutions of Appreciation A. The Council considered approval appreciation for George E. Berger. The following resolution was considered: of a resolution of NO. RA94-010 RESOLUTION OF APPRECIATION OF GEORGE E~ BERGER Smith motioned, Perry 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 of' appreciation for Bill Angelo. The following resolution was considered: NO. RA94-011 RESOLUTION OF APPRECIATION OF BILL ANGELO Smith 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. C. The Council considered approval of a resolution of appreciation for Catherine Tuck. The following resolution was considered: NO. RA94-012 RESOLUTION OF APPRECIATION OF CATHERINE TUCK 78 City of Denton. City Council Minutes March 22, 1994 Page 5 Smith motioned, Perry 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. 4. Citizen Reports A. The Council received a citizen report from John Shrader regarding fire protection in the downtown area. Mr. Shrader stated that the Fire Department was to be commended for its work in the City. He represented the property owners, businesses, labs and manufacturers in the Central Business District. He was concerned that they were in old buildings in the Central Business District and that the Central Fire Station had been closed. He expressed concern with response time ~P~he. downtown area and felt that there should be a satellite statio~ where the Central Fire Station was now. The McCormick Street station was to serve the Central Business District but he felt that it was too. long a response time for a truck to come from that area. There were few fire walls in the Square area and if one business had a fire, many businesses would be lost. A satellite station was needed in the area for prompt response time. B. The Council received a citizen report from Kay Williams regarding fire protection in the downtown area. Mr. Williams stated that there were 9 body shops in the area of the Central Business District. If a fire were to occur in one of those businesses, a rapid response time was necessary. Mayor Castleberry stated that the Council would consider these requests in the near future. C. The Council received a citizen report from Dessie Goodson regarding "A Vision for Denton". Ms. Goodson stated that SPAN had indicated that they never denied service to residents~but that was incorrect as she had been denied service. SPAN needed changes in all departments and needed drivers who were trained in working with individuals with handicaps. Some drivers did not abide by the rules. A transportation coordinator was needed plus an executive director. The City needed a Council and City Manager who would listen to its citizens. She had asked the Council for some issues and they had not been acted on. Nothing had been done with a clean-up Of Oak and Fry area. 79 City of Denton City Council Minutes March 22, 1994 Page 6 5. Public Hearings A. The Council held a public hearing and considered the preliminary and final replats of Lots 1-6, and Lots 18-24, Block 2, Ccllege View Addition, into Lot iR, Block 2. The 2.201 acre site was located north of Davis Street, between Ruddell and Wood Streets, and was the site of the Sullivan-Keller Learning Center. (The Planning and Zoning Commission recommended approval on March 9, 1994, 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a residential replat which combined a number of lots for an expansion of an existing tract of land. The Traffic Safety Commission had granted a variance for head-in parking on Davis Street. The plat complied with the provisions of the Subdivision Regulations except for parking which had been given a variance. The Mayor opened the public hearing. No one spoke in favor. Kristina Gutierrez stated that she opposed the replat as there would be a bus line drop off in that area fOr the school. There was much traffic in the area on Wood and Davis Street which was an on-going problem. She was not opposed to the proposal but was opposed to the drop-off site of the bus line. Other residents in the area were also opposed to the bus line drop off site. This would cause more congestion in the area as parents already parked in the no parking area. She felt that the DISD should move the drop off site to the front of the school. The Mayor closed the public hearing. Council Member Cott asked if Ms. Gutierrez had talked with the DISD regarding the bus site. Ms. Gutierrez indicated that she had not at this point in time. The Mayor closed the public hearing. Curtis Martin, Supervisor of Construction for the DISD, stated that the DISD was in the process of buying.the vacant lots in the area for a parking lot. Council Member Cott asked if this had been discussed with the neighbors. 80 City of Denton City Council Minutes March 22, 1994 Page 7 Martin replied that the DISD was in the process of buying the lots and determining the ownership of the lots in order to purchase and build a parking lot. Council Member Brock asked where the students were dropped off now. Martin replied that right now the students were dropped off on Davis street in front of the school. That area was very crowded and DISD was trying to eliminate that condition by pUrchasing the property in the area to build a parking lot. Council Member Brock stated that when the DISD had acquired the property, it would own all the land on west side of Wood Streetl Martin replied correct. Council Member Miller stated that the buses were 'now on Davis Street and stopped in the street. Martin replied correct. Council Member Miller asked if the Wood Street location would be an off-street facility. Martin replied correct. Council Member Miller asked what was across the street on Davis Street. Martin replied that there were homes in that location. Council Member Miller stated that no matter where the bus stop were moved, there would be homes there. Ms. Gutierrez stated that the two houses on Wood faced the opposite direction. Council Member Cott asked Ms. Gutierrez if she had discussed the issue with the DISD. Ms. Gutierrez replied that she did not know this was happening until she had received a notice and was not told of the Traffic Safety Commission meeting until after the fact. The Mayor closed the public hearing. Cott motioned to reject the replats. 81 City of Denton City Council Minutes March 22, 1994 Page 8 Motion died for lack of a second. Miller motioned, Brock seconded to approve the replats. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-2 vote. B. The Council held a public hearing to consider the final plat and replat of 10.235 acres known as Lots 18-27, Block A; Lots 41-46, Block 36 of the Southridge Oaks Subdivision; and Lots 28 and 29, Block 36, into Lots 28A and 29A, of the Southridge East. Subdivision, Phase 1. The site was located on the west side of Lillian Miller Parkway, at Southridge Drive. (The Planning and Zoning Commission recommended approval on February 9, 1994, 7-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a replat and plat proposal. Lot 3 was the replat and the remaining area was a final plat. Council had approved a planned development on the site several months ago. State law required that if the subdivision regulations were followed, the plat had to be approved. The Mayor opened the public hearing. Tony Krause, representing the developer, stated that he would answer any questions of the Council~ Melissa Carter stated that she was concerned about the commercial replat. Robbins stated that this would be detached single family housing and not commercial zoning. The Mayor closed the public hearing. Council Member Perry asked about the drainage in the area. Robbins replied that the official FEMA map showed a flood plain location on this property which was thought to be in a different location. The developer made a detailed study which was presented to FEMA through the City to amend the official map. FEMA agreed with the study on the location of the flood plain. Council Member Perry asked where the water would go in the drainage easement. Robbins stated that it would flow across the lots. 82 City of Denton City Council Minutes March 22, 1994 Page 9 Perry motioned, Brock seconded to approve the final plat and replat. 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 to consider the final replat of Denton High West, Lot 1, Block A. (The Planning and Zoning Commission recommended approval on March 9, 1994, 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that schools were allowed in residential districts and thus this was a residential replat. Five additional fire hydrants would be added to the site in order to meet the requirements of the ordinance. The Planning and Zoning Commission found that the proposal met the standards of the subdivision regulations and recommended approval. The Mayor opened the public hearing.. Bill Coleman, representing the DISD, stated that the replat was to bring the property into compliance with the City's Subdivision Regulations. An easement abandonment was necessary and some unplatted property needed to be addressed. The City had asked that three fire hydrants be installed along Crescent Street and two along Fulton STreet and a new sidewalk on Bryan Street. A bus drop-off lane would be built to keep the bus traffic off the streets. He asked for approval from the Council. No one spoke in opposition. The Mayor closed the public hearing. Brock motioned, Smith seconded to approve the final replat. 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 and considered adoption of an ordinance rezoning approximately 11.92 acres of land from PD 140 and PD 94 to Multifamily Dwelling District-1 Conditioned zoning, MFl(¢). The property was located on the southeast corner of Bernard and Collins Streets. Z-93-032 (The Planning and Zoning Commission recommended approval on February 23, 1994, 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a rezoning from planned development on two separate tracts of property zoned planned development to conditioned zoning. This would eliminate the requirement for a detailed plan. One of most significant issues associated with the 83 City of Denton City Council Minutes March 22, 1994 Page 10 proposal was the standards which would apply in the platting process. Collins Street would have to be improved with perimeter street pawing. Off-site improvement at the intersection of Bernard and Collins might be needed. The Subdivision Regulations indicated that if a development were to create a traffic problem such that the level of service exceeded level of service C, improvements would be warranted. It had not yet been determined that the improvements at Bernard and Collins were needed but a recommendation had been made for a traffic study ~to be done to determine if the conditions were warranted. Drainage was a major issue on the site which would be addressed during the platting process. This was a residential development in which the voluntary park dedication provisions applied but park land dedication or fees in lieu of were not expected. The Planning and Zoning Commission had determined that a detailed plan or a detailed layout of the site was unnecessary due to the proposed conditions. This zoning would not allow development to exceed 11~9 units per acre. Another policy dealt with sufficient green space and recreational facilities and conditions. This proposal required a significant amount of green space. Two separate notices had been mailed for this case and one neighborhood meeting had been held. With conditions, the Planning and Zoning Commission had recommended approval. The Mayor opened the public hearing. Dale Irwin, owner of the property, stated that he was requesting the zoning change to conditioned zoning on two adjacent tracts of land. Conditioned zoning was a new zoning process approved by Council since the tract was zoned in 1991. It was an excellent zoning avenue. The requested change would eliminate the need for separate site plans during development. Conditioned zoning eliminated the need to return for each phase of the development. He had a concern regarding the possible traffic problem at Bernard and Eagle which was a considerable distance from the development. Federal funds had been applied for by the City for further improvements at the intersection plus a traffic signal would be installed. It would cost approximately $3000-5000 for a traffic analysis study and approximately $15,000 for a right turn lane. Bernard and Eagle was quite a distance from the development. The developer was being asked to widen Collins Street to 41 feet which was the same as Eagle Drive. If the development were to proceed, Collins Street would have to be widened and traffic problems, which were some distance from the proposal, would have to be addressed. Irwin did not believe that it was accurate that the development would add an additional 1000 car trips p~r day on the street. The units would have an exit on Collins Street and approximately one- half of the vehicles leaving or entering the development would do 84 City of Denton City Council Minutes March 22, 1994 Page 11 so on the Collins Street side. No one spQke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Smith asked who would be paying for the traffic light and for the installation. Robbins replied that the City would be paying for the signal. Council Member Miller asked if the light would take care of the problem or were turn lanes needed. Robbins replied that it was felt that the development would adversely impact that intersection and might generate enough traffic at the wrong time of the day so that that intersection went below the City's adopted standard level of service. A traffic impact analysis was proposed to see if that would be the case. If the study indicated that there would be no problem, improvements would not be needed. Council Member Miller stated that this was the normal procedure of the City in that whoever was responsible for the volume must pay for the improvement. Robbins replied correct. Council Member Miller asked about the number of trips per day. Robbins replied that part of the traffic impact analysis would study the number of trips per day. Staff had used the standard number of trips per apartment unit. Staff was raising a flag that there might be a problem in the area. Council Member Miller asked about the time frame for the study and would the applicant have to wait until the study were completed before proceeding with the development. Robbins replied that the applicant could bring information to staff without having to use a consultant. Council Member Miller asked for locations where the City had required such procedures. Robbins replied that the Owens plat on Lillian Miller would have required the installation of a right turn lane. This was a rare occurrence. City of Denton City Council Minutes March 22, 1994 Page 12 City Manager Harrell stated that this was a two part process. Council was currently looking at a rezoning request for lan~ use and the recommendation was to approve the request with specific conditions none of which related to these traffic items. If Council approved land use, the zoning, the developer would have to go through a second process which required the filing of a plat. During that time, the Planning and Zoning Commission would look at the various public improvements which would be required for development of the property. One of the considerations, which the Planning and Zoning Commission would have to make, was how much paving and off-site improvements would be needed. This issue would be considered at a later date. Council Member Cott stated that he had been on the property several times and this was a developer's risk. He felt it would be easy to determine the traffic problem calculations now. Council Member Perry asked if the drainage detention area would pose a safety hazard to children. Robbins replied that the pond had not been drawn at this time. There were a number of these facilities in the City. They were all designed to be wet for a small period of time except during heavy rains. Council Member Brock stated that further development would probably create some traffic problems. The area was poorly planned several years ago. She expressed concerned about making areas for individuals to walk and for bikes and suggested that the developer be aware of those options. Mayor Castleberry asked if Collins Street would be a major thoroughfare in the future and was that the reason that the developer was being asked to widen Collins Street. Robbins replied that Collins had always been shown as a collector street and that was the reason the developer was being required to widen the street to that standard. At a future date it might be an arterial street. Mayor Castleberry stated that Council needed to keep in mind that they were not considering the turn lanes at this meeting. They were only considering the zoning of the property at this time. City of Denton City Council Minutes March 22, 1994 Page 13 The following ordinance was considered: NO. 94-037A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 140AND PLANNED DEVELOPMENT NO. 94 TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-i-C) FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; 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. E. The Council held a public hearing and considered adoption of an ordinance changing an 8.278 acre tract of land from General Retail (GR) zoning district to Planned Development, considered a Detailed Plan and considered conditions limiting the categories of uses and parking spaces. The tract, known as Carriage Square Shopping Center, was bound by Eagle Drive, Interstate 35-E, Avenue C and Collier Street. Z-94-001 (The Planning and Zoning Commission recommended approval, with conditions on February 23, 1994, 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a planned development zoning to allow for fewer parking spaces than what was required. A large vacant retail portion of the development had a potential restaurant tenant and with the current zoning, parking was inadequate. Rather than proceed with a variance process, the planned development technique was proposed. This planned development would allow for a restaurant to go in the center if the mix of uses were met. A traffic study was done which proved that with the mix of uses not ~l.~.'the parki'n~g~was. needed. The proposal would also improve the landscaping and decrease the amount of signage on the property. The Mayor opened the public hearing. Mike Ma~e, representing the owners of the property, stated that he would answer any questions the Council might have. No one spoke in opposition. The Mayor closed the public hearing. 87 City of Denton City Council Minutes March 22, 1994 Page 14 The following ordinance was considered: NO. 94-038 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM GENERAL RETAIL (GR) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8.278 ACRES OF LAND KNOWN AS CARRIAGE SQUARE SHOPPING CENTER AND BOUNDED BY EAGLE DRIVE, INTERSTATE 35-E, AVENUE C AND COLLIER STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock 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. F. The Council held a public hearing and considered adoption of an ordinance amending the regulatory line map to include an area located in the ETJ, south of FM 455 between the Elm Fork of the Trinity River and FM 2164. (The Planning and Zoning Commission recommended approval on January 12, 1994, 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that the ordinance which adopted the regulatory line which made a distinction in the ETJ when the City would apply the subdivision regulations, indicated that if the City's certificate of convenience and necessity were amended, that the line should be reconsidered. That had happened and the Planning and Zoning Commission had recommended an amendment to the line. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-039 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE REGULATORY LINE MAP AS ESTABLISHED BY ORDINANOE NO. 93-033; AND PROVIDING FOR AN EFFECTIVE DATE. 88 City of Denton City Council Minutes March 22, 1994 Page 15 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. G. The Council held a public hearing and considered adoption of an ordinance amending a Specific Use Permit for the Delta Chi Fraternity to allow continued operation of their meeting hall and offices. This property was located at 119 Avenue A. Z-93-035 (The Planning and Zoning Commission recommended approval on February 9, 1994, 4-0.) Frank Robbins, Executive Director of Planning and Development, stated the proposal extended the specific use permit, with no limit, for the fraternity in the area. A condition was added that if any of the previous conditions were violated, the Executive Director fOr Planning and Development could bring a case to the Planning and Zoning Commission for revocation. The Mayor opened the public hearing. Scott Woods stated tha~ he would answer any questions of the Council. No one spoke in opposition. The Mayor closed the pUblic hearing. Council Member Miller stated that originally there was some opposition and concerns regarding the use of the property. Robbins stated that there were some issues associated with alcohol but that was a condition of the SUP. Council Member Miller stated that after a year in operation, there was no opposition. Robbins replied correct. The following ordinance was considered: NO. 94-040 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT TO ALLOW FOR THE CONTINUATION OF A FRATERNITY MEETING HALL AND OFFICE SPACE ON A 1600 SQUARE-FEET TRACT OF LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 89 City of Denton City Council Minutes March 22, 1994 Page 16 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". Motioncarried unanimously. 6. Consent Agenda Council Member Cott asked that Item #9 be pulled for discussion. He felt that by putting the roofing projects with the contractor who was building the buildings, competitive bidding was being eliminated. He suggested bringing in roofing individuals regarding such projects. Perry motioned, Cott seconded to approve the Consent Agenda. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. ~id #1581 - Commercial Refuse Trucks 2. Bid #1586 - Vibratory Roller 3. Bid #1588 - Utility Vehicles 4. Bid #1593 - Fertilizer & Herbicide 5. Bid #1602 - Transformers 6. Bid #1594 - Demolition #22 7. RFSP #1595 - Controlled Access Locks 8. RFSP #1597 - Wellness Program 9. P.O. #40402 - Steele Freeman 10. P.O. #43435 - Ford Hall Co., Inc. il. P.O. #43439 - Dictaphone 7. Ordinances Council considered Ordinances A-G, the Consent Agenda Ordinances, with one motion. A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (7.A.1. - Bid #1581, 7.A.2. - Bid #1587, 7.A.3. - Bid #1588, 7.A.4. - Bid #1593, 7.A.5. - Bid #1602) The following ordinance was considered: 90 City of Denton City Council Minutes March 22, 1994 Page 17 NO. 94-041 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. B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (7.A.6. - Bid #1594) The following ordinance was considered: NO. 94-042 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. C. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services. (7.A.7. - RFSP #1595) The following ordinance was considered: NO. 94-043 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OFMATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. D. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement with Dynamic Health & Performance Inc. for professional services relating to .health screening of employees of the City of Denton (7.A.8. - RFSP #1597) ' City of Denton City Council Minutes March 22, 1994 Page 18 The following ordinance was considered: NO. 94-044 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DYNAMIC HEALTH & PERFORMANCE INC. FOR PROFESSIONAL SERVICES RELATING TO HEALTH SCREENING OF EMPLOYEES OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. E. 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. (7.A.9. - P.O. #40402) The following ordinance was considered: NO. 94-045 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND STEELE FREEMAN; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. F. 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. (7.A.10 - P.O. #43435) The following'ordinance was considered: NO. 94-046 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IH ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. G. The Council considered adoption of an ordinance awarding a contract for the purchase of materials, equipment, supplies or services bid by the State Purchasing General Service Commission. (7.a. ll. -.P.O. #43439) The following ordinance was considered: 92 City of Denton City Council Minutes March 22, 1994 Page 19 NO. 94-047 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FORAN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt Ordinances A-G. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. .~he Council considered adoption of an ordinance vacating certain public utility easements recorded in Volume 363, Page 522 of the Deed Records of Denton County, Texas, Volume 363, Page 523 of the Deed Records of Denton County, Texas, and Volume 431, Page 387 of the Deed Records of Denton County. Rick Svehla, Deputy City Manager, stated that the plat was for the Denton West High School. The City had received an easement for the existing utilities. There were some easements which were filed by a separate document and were no longer needed. Staff was recommending approval of vacating these easements. The following ordinance was considered: NO. 94-048 AN ORDINANCE VACATING CERTAIN PUBLIC UTILITY EASEMENTS RECORDED IN VOLUME 363, PAGE 522'OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, VOLUME 363, PAGE 523 OF THE DEED RECORDS OF. DENTON COUNTY, TEXAS, AND VOLUME 431, PAGE 387 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered adoption of an ordinance authorizing the filing of an application with the Department of Transportation, United States of America, fora grant under the Urban Mass Transportation Act of 1964, as amended. Catherine Tuck, Administrative Assistant, stated.that this was an annual grant application for Section 9 funds to run the public transportation system and demand response system in Denton through SPAN. The City was requesting an amount of congestion mitigation City of Denton City Council Minutes March 22, 1994 Page 20 93 air quality funds. The following ordinance was considered: NO. 94-049 AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING 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. J. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Curtis Smith to purchase property. Bill Angelo, Director of Community Services, stated that the contract was for the purchase of property located on Mayhill Road which was associated with the expansion of the Denton landfill. This property would be a buffer zone in the area. Smith may remain on the property for several years as noted in the contract. The Planning and Zoning Commission recommended approval. The following ordinance was considered: NO. 94-050 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND CURTIS SMITH TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith 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 K. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Robin G. and Patty S. Wilson to purchase property. This item was pulled from consideration. L. The Council considered adoption of an ordinance amending solid waste rates for sanitary landfill use as authorized by 94 City of Denton City council Minutes March 22, 1994 Page 21 Chapter 24 of the Code of Ordinances of the City of Denton by amending the charges for use of the landfill. (Public Utilities Board reco~ended approval.) Bill Angelo, Director of Community Services, stated that since August of 1993 there had been a significant increase in volumes coming into the landfill from contract/cash customers. The normal volume in that area had been approximately 800 cubic yards per month and that had been increased to over 2000 cubic yards per month from those categories. It had been learned that recent rate changes and closures of area landfills were contributing to the increased flow of waste to the landfill. It was a concern that such a rate would increase the shortening of the life of the landfill. The proposed higher rate would discourage some of the waste coming from the southern part of the County and channel it to other parts of the County. The Pubic Utilities Board had reviewed the rate and had recommended approval. It was felt that most of the increase was from the DFW and Camelot landfills which had rates higher than the City. Council Member Brock asked if it would not be to the City's advantage to put off filling the landfill as long as possible. Angelo replied that the solid waste budget was predicated on bringing in a certain amount of revenue from the outside through the landfill. If that revenue were not realized, other sources would have to be found to collect that revenue, possibly a rate increase on the residential and commercial side. It was felt that the proposed rate would allow some outside business and would be adequate to change some flow to other facilities. Staff would be keeping track of the flow on a daily basis and if the volume were not diminished enough, the rate could be increased when needed. Joyce Poole urged the Council to be in favor of the proposed increase. The life of the landfill was limited and the permitting process for a new landfill was a long process. The City needed to divert some of the waste from the landfill to increase the life of the landfill. She also urged the Council to consider a different approach in which local residents would not be charged the extra cost. The local contractors could pay on a contracted basis and the local citizens would not be affected by the increased rate. Mayor Pro Tem Smith asked what would be the financial differences if the increase did not apply to local citizens. Angelo replied that the problem was not in differentiating between residential and non-residential use but where the waste was coming from. A local roofing firm might be doing a job in Lewisville and 95 City of Denton City Council Minutes March 22, 1994 Page 22 bring that waste to Denton. The problem was more in determining where the waste was coming from rather than where the individual lived. There would be some problems in determining where an individual lived and some type of system would have to be developed to distinguish between residents and non-residents and where the waste was coming from. Most of this type of waste was from contract jobs as opposed to residents. The following ordinance was considered: NO. 94-051 AN ORDINANCE OF THE CITY OF DENTON AMENDING SOLID WASTE RATES FOR SANITARY LANDFILL USE AS AUTHORIZED BY~CHAt~PER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING THE CHARGES FOR USE OF THE LANDFILL; AND PROVIDING FOR A/~ EFFECTIVE DATE. Cott motioned, Miller seconded to adopt the ordinance. On roll vote, Brock "nay",' Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-2 vote. M. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. Nonie Kull, Environmental Health Services Manager, stated that this was an annual agreement with the County of Denton to allow the City to shelter animals found in the County. This was a standard agreement and was the same contract which had been used for the last 10 years. Mayor Pro Tem Smith asked about the volume from the County. Kull replied it ranged from a low figure of 15-20 animals per month up to 200 per month which was rare. There was an additional agreement with the County which indicated that they were not to exceed 1500 animals annually if it were causing problems for the City. The following ordinance was considered: City of Denton City Council Minutes March 22, 1994 Page 24 O. The Council considered adoption of an ordinance authorizing a traffic light synchronization program grant application (TLS III) to promote the conservation of energy resources. Rick Svehla, Deputy City Manager, stated that this would allow the City to apply for more grant money in the oil overcharge program. The City was submitting three projects but probably would not receive funding for all three projects. The following ordinance was considered: NO. 9~-054 AN ORDINANCE AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION (TLS III) TO PROMOTE THE CONSERVATION OF ENERGY RESOURCES; AND DECLARING AN EFFECTIVE DATE. Perry 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. 8. Resolutions Mayor Castleberry noted that Items 8.A. and 8.B. were listed as resolutions. Those items were ordinances and copies of the ordinances had been made available to the Council. A. The Council considered approval of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats. Nonie Kull, Environmental Health Services Manager, stated that this was an annual contract with the City of Corinth. The following ordinance was considered: NO. 94-055 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, 97 City of Denton City Council Minutes March 22, 1994 Page 23 NO. 94-052 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FORAN EFFECTIVE DATE. Perry motioned, Smith 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. N. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council. City Manager Harrell stated that the Council had originally considered this item on its January 4 agenda. The agreement allowed the City to authorize the transfer of certain monies from the hotel/motel tax. Approximately $117,711 had been collected from April 1, 1990 through March 31, 1992 and had been designated, at that time for the historic restoration of the old steam plant. This ordinance would redesignate those funds and make them available for the Campus Theater project. Council Member Perry felt that the City had designated the funds for the steam plan project and would still need a performing arts center. On the strength of what the City said it would Bo and the fact that money had been raised on the premise of using the old steam plant, he felt that the money needed to remain in its original account. He had no opposition to the Campus Theater project but felt that the money should remain with the old steam plant. The following ordinance was considered: NO. 94-053 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. City of Denton City Council Minutes March 22, 1994 Page 25 Perry motioned, Smith 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 approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. Nonie Kull, Environmental Health Services Manager, indicated that this was also an annual contract with the City of Roanoke. The following ordinance was considered: NO. 94-056 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS; THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution adopting a comprehensive driving and city vehicle use policy. City Manager Harrell stated that Council had reviewed this policy at a recent work session. This was the formal resolution to adopt the policy. The following resolution was considered: NO. R94-012 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A COMPREHENSIVE DRIVING AND CITY VEHICLE USE POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Mille~ "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 99 City of Denton City Council Minutes March 22, 1994 Page 26 9. update on the "Vision for Denton" project. Council Member Miller stated that two impact groups had recently met. A schedule of when the impact groups would be meeting had been developed and the project was moving forward. city Manager Harrell stated that there had been a first meeting with chairs of the various impact groups. Every group had been represented and the chairs continued to be very enthusiastic about the project. By the end of the week, every impact group would have met except for the education group. The education group was in need of two new chairs. One had been selected, Jim Alexander, and the group was working on the other co-chair. Council Member Brock stated that the open house for the Vision Room would be on Sunday April 10, 1994, 2:00-4:00 p.m. Mayor Castleberry stated that there, was a great deal of interest in the project. 10. Miscellaneous matters from the City Manager. A. Teasley Lane Update - Rick Svehla, Deputy City Manager, stated that the City continued to work with the Texas Department of Highways. On April 6-7 there would be meetings at Sam Houston Elementary School for interested individuals regarding the project. Notice of the meetings would be sent by utility bills and through the press plus Channel 25. The Council considered the Work Session items not considered during the Work Session. 3. The Council received a report and held a discussion regarding solicitation from the roadways and gave staff direction. Miller motioned, Brock seconded to defer this item until the neXt meeting. Council Member Perry stated that this was the third time to consider this item. He asked why it would be necessary to postpone the item. Council Member Miller indicated that Council Member Chew was not at the meeting. On roll vote, Brock "aye" Cott "aye" Miller "aye" Smith "nay" Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 vote. 100 City of Denton City Council Minutes March 22, 1994 Page 27 City Manager Harrell stated that this item had been before Council several times concerning whether or not to permit solicitation on the roadway within the City. Currently such activity was prohibited. A comprehensive survey had been done regarding what other cities allowed. Council had asked for a draft ordinance at that time, and gave direction regarding provisions for the ordinance. Council voted 3-3 a year ago to not proceed and the item died at that point in time. Council Member Miller indicated that since he had been on Council, these types of issues had been resolved by ordinances. This was one issue which the Council refused to put in ordinance form for consideration. He felt that there was enough indication that this was the kind of issue which should be brought to Council in the form of an ordinance to give the public an opportunity to provide input. He wanted Council to put this information in the form of an ordinance and then consider that ordinance. Council Member Perry stated that the public had had three opportunities to address the issue. Many cities had an ordinance which Prohibited solicitation from the roadways. The City did not deny a group a basic right. The City did pay attention to safety hazards and to impeded access to the roadways by individuals. This was a serious matter in a busy intersection. Council Member Miller stated that this item had only been considered by Council in a study session and there had been no public input on the issue. There had been no consideration of an ordinance. Ken Gold stated that the ordinance regulations could be lessened and that would provide some good to a national charity. While he could not predict the future, there had never been a single injury in prior years. He realized there was a constitutional question in that if one organization were allowed to solicit from the street then all must be allowed. A recent court decision indicated that charitable organizations had access to the streets. Council Member Cott indicated that it was time to have an ordinance to consider. Mayor Pro Tem Smith stated that she was opposed to solicitation on the roadways. It was a serious traffic hazard, a bad example to children and a nuisance to drivers. Miller motioned, Cott seconded to direct staff to proceed With the drawing of an ordinance for Council to consider at a meeting where the public could respond. With the information provided at the City of Denton City Council Minutes March 22, 1994 Page 28 101 meeting of October 1993 there was a proposed ordinance. Staff could also provide data from other cities regarding this issue. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-3 vote. 5. The Council received a report and held a discussion regarding "Building Communities: Together", Empowerment Zones and Enterprise Communities, and application for designation as an Enterprise Community. Frank Robbins, Executive Director for Planning and Development, stated that the Federal Government had announced that six cities would be designated as empowerment zones. Denton probably would not be designated as such as the funds probably would go to much larger communities. Sixty five communities of Denton's size might be designated enterprise communities. He felt it would be a worthwhile project to go through. To be designated an enterprise community the City would have to develop a strategic plan in an area of poverty and economic services. The Department of Housing and Urban Development had four key principles in the project - (1) economic opportunity which involved the creation of jobs both within the community and throughout the region, (2) sustainable community development which involved empowerment of communities by supporting local plans that coordinate economic, physical, environmental, community, and human development, (3) community- based partnerships which involved broad participation by all segments of the community and (4) strategic vision for change which involved a strategic map for revitalization. He proposed a technique which would involve meeting with individuals in small groups for 2-4 hours regarding the issue. A draft plan to Council would be presented at the second meeting in May. Mayor Pro Tem Smith asked for the deadline for submittal of the application. Robbins replied that the application had to be to the State by June 4 and to the Federal government by the end of June. Council Member Perry asked where the membership of the groups would come from. Robbins replied that anyone who wished to become involved could do so. Groups suggested would include the United Way, NICE, the Owsley Coalition, and the CommunitY Development Advisory Committee. Council Member Miller suggested that church groups, police input, the educational system such as PTA, and the judiciary be included. 102 City of Denton City Council Minutes March 22, 1994 Page 29 People in the community who were involved in various areas needed to be included in the membership of the group. City Manager Harrell stated that this was a new initiative from the Federal government and would not replace community development activities. This was a program directed to the human service needs of low income individuals in the community. This would be an opportunity to coordinate the delivery system to make sure it was being comprehensively delivered to individuals in need. This woUld give access to a significant amount of money if selected to participate in the project and work on human service needs. The City had a chance to receive the funding and should consider participating in the project. Mayor Castleberry asked if the funds were to be used by charitable agencies. Robbins replied correct. Mayor Castleberry asked if there were any strings attached. Robbins replied that there were no strings as it .was a one time program. Council Member Miller suggested holding the meetings in the Vision Room as this might be tied in with the Vision Project. 11. There was no official action taken on the Executive Session items considered during the Work Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Miller motioned, Perry seconded for reconsideration of an earlier item regarding the naming of the new playground facility. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Rich Dlugas, Superintendent of Parks and Recreation, stated that members of the Friends of South Lakes Park had been involved in the naming process of the playground. A ~ember would like to present additional comments regarding the naming of the playground. 103 ' City of Denton City Council Minutes March 22, 1994 Page 30 Sandy Kristofersen stated that the she been conducting the voting regarding'the naming of the playground. She offered further information regarding the other choice for the name of the playground. She asked for reconsideration of the name "Eureka" for the playground as it tied in more with the schools and would provide more educational use of the playground. Miller motioned, Cott seconded to proceed with the name "Eureka" for the playground. On roll vote, Brock "aye", Cott "aye", Miller "aye"~ Smith "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-2 vote. 13. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 9:45 p.m. TI~E~ WALTERS S~RETARY OF DENTON, TEXAS ACC001B6