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Minutes May 3, 1994165 CITY OF DENTON CITY COUNCIL MINUTES May 3, 1994 The Council convened into the Executive Session on Tuesday, May 3, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None following: The Council convened into the Executive Session to discuss the A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered authorizing the City Attorney to file an amicus brief in City of San Antonio v. Rodriquez. 2. Considered settlement in claim of Mr. and Mrs. L. Brown. 3. Considered possible action against Fox-51, Inc. for violations of lease. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, May 3, 1994 at 5:45 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. The Council received a report and held a discussion regarding the Community Development Advisory Committee recommendations for the 1994-95 program year. Barbara Ross, Community Development Administrator, stated that in January, public hearings were held to gain citizen input on the use of CDBG and HOME funds. Staff advertised the availability of funds and assisted many individuals in preparing applications for funding. The City Council ranked the eligible activities in February and staff members reviewed and ranked applications for funding. The Community Development Advisory Committee held hearings to receive additional information and discussed each request for funding. 166 City of Denton City Council Minutes May 3, 1994 Page 2 Mayor Castleberry asked why TWU Cares was not included in the recommendation. Ross replied that the Chair of the Community Development Advisory Committee would be able to answer that question. Curtis Ramsey, Chair-Community Development Advisory Committee, stated that staff and members of the Committee had worked very hard on the recommendations presented to Council. The Committee had received proposals which far exceeded the amount of available funds. He reviewed the recommendations for funding as proposed by the Community Development Advisory Committee. Those recommendations included $105,702 for the Homebuyer Assistance Program; $26,000 for an Owsley Community Center; $140,000 for Chambers Street drainage; $12,600 for MK & T Railroad culvert improvements; $35,583 for Chambers, Boardwalk, Park Lane, Simmons repaving; $14,140 for a SPAN vehicle; $100,000 for American Legion renovation; $45,000 for Denia playground improvements; $10,400 for MLK playground improvements; $200,000 for Fred Moore Child Care renovation; $22,223 for City-County playground drainage; $14,957 for Fairhaven rehabilitation; $65,000 for demolition and clearance; $7,500 for AIDenton; $18,000 for Hope Transitional Housing; $19,000 for MLK After School Action Site; $13,000 for King's Kids Summer Program; $8,000 for After School Action Site Scholarships; $10,000 for Owsley Summer Program; $41,500 for SPAN Transportation; $33,000 for Rainbow Connection; $8,420 for ADA compliance; $17,000 for housing rehabilitation; and $237,000 for program administration. Mayor Castleberry asked how those recommendations were in line with the Council survey. Ramsey felt it was a good fit and felt they were on track with Council suggestions. Council Member Cott asked if the City had to outlay any money to receive these federal funds. Ramsey replied that this was not a matching grant program so no money would be coming from the City. Council Member Cott asked if there would be any expenditure of people in order to accept the funds. Ramsey replied no. Ross stated that the HOME program did require a program match from the City. The match which the City intended to use would be properties which were available for new homes. A proposal was also being made to the Denton County Housing Finance Corporation for additional funds for more construction. 167 City of Denton City Council Minutes May 3, 1994 Page 3 City Manager Harrell stated that all administrative costs were funded from the block grant proceeds. The City did not charge the program for indirect administrative costs as many other cities did and did not charge.for accounting personnel who worked on the grant administration. Council Member Miller stated that. he had questions regarding some of the funding suggestions. He questioned what would be the use for the American Legion building, who would operate it, would it require additional maintenance funds~from the~City, and what would be the impact of moving the COPS program from the Phoenix Apartment area. Ross replied that the Parks and Recreation Department was working on an agreement with the American Legion to take possession of the property and would be responsible for the maintenance of the facility. Senior citizens would use the building as a craft house and for special'events such as wedding receptions. The COPS program would use the building as a base of operations during special events. Mayor Castleberry questioned having two facilities so close together as MLK was not being used to capacity. He felt Council needed to look closely at the proposal with the Legion building. He was concerned that there be enough funds available for low income neighborhoods in the community for such projects as paving and drainage improvements. City Manager Harrell stated that this year there had been a substantial increase in block grant funding. There were approximately $1.4 million worth of street/drainage projects submitted and the Committee only recommended $200,000 for funding. He asked Chairman Ramsey for the Committee rationale for those types of recommendations. Ramsey replied t. hat they tried to achieve a balance. Ail of the available funding could have been used for paving and drainage projects but the Committee did not feel that that was proper. Mayor Castleberry asked for a list of the projects which were not recommended for funding. Council Member Brock felt that it would be helpful to have someone on the Police Department review the plan for regarding the possibility of moving the COPS program from the Phoenix Apartments. She would like a plan for the COPS program if the Legion building were renovated. She also asked for more specific information about the state/federal funds which would be used for the SPAN program. 168 city of Denton City Council Minutes May 3, 1994 Page 4 Council Member Perry asked for additional information regarding the use of the Legion Building for senior citizens. Council Member Miller asked if the American Legion building was a City owned building. Council Member Chew replied that the Legion was a City owned building. He felt that the problems with the Fred Moore Park would be eliminated if the COPS program were there. 2. The Council received a report and held a discussion regarding the Human Services Committee recommendations for the 1994-95 agency funding. Sandy Kristofersen, Chair-Human Services Committee, detailed the recommendations for funding which included $3,500 for the Community Food Center; $2,000 for the Denton Christian Pre-School; $21,000 for the Denton City-County Day Nursery; $28,000 for the Fred Moore Child Care Center; $20,000 for Friends of the Family; $5,000 for HOPE, Inc.; $30,000 for the North Texas Community Clinics; $7,500 for RSVP; and $26,000 for SPAN. The Council had indicated that children and youth were a priority and the Committee's recommendations reflected those priorities. The budget recommendation included an additional $1,700 in general fund dollars to be allocated for human services agencies. This was a 2% increase over last year's level of $148,300. Council Member Cott stated that it took time to get an agency established. If the City pulled back money it would be difficult for some agencies to get other funding. He suggested that the Council get involved in specific long term funding for certain agencies. Kristofersen replied that the Committee had difficulty in that it had more requests than money. Marion Hamilton, Executive Director of the Denton Housing Authority, stated that it was difficult for an organization, once it had started, to find operating funds. She felt that in terms of approaching the Human Services Committee and asking for operating funds, the agencies were receiving mixed messages for funding. She suggested developing firm guidelines regarding what the Committee was looking for when making a recommendation. Health care was a very pressing need for low income individuals. TWU Cares helped address those types of health needs. Mayor Castleberry stated that he understood that in 1989 or prior, some of the funds were available for a three year basis and then an agency would have to find its own funding. He asked that that information be presented at the next meeting so that Council would 169 City of Denton City Council Minutes May 3, 1994 Page 5 know the guidelines. C6uncil Member Miller stated that he had some concerns as some agencies had received funding for a long period of time, and some agencies only could receive short term funding. He felt that mixed signals had been sent out regarding this funding. He felt that the message given out was that new programs should not be created that would take funding from established programs. Kristofersen stated that very few of the agencies recommended for funding were new programs. The only new programs recommended for funding were City generated programs. Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. 3. The Council receive a report, held a discussion and gave staff direction regarding the Design Guidelines. The Planning and Zoning Commission recommended approval contingent upon City Council funding the legal review of the zoning ordinance rewrite as recommended by the Zoning Ordinance Task Force (6-0). Due to a time constraint, this item was considered in the Regular Session under Miscellaneous Matters from the City Manager. 4. The Council received an update on the Empowerment Zone, Enterprise Community strategic planning effort, discussed the process and gave staff direction. Due to a time constraint, this item was considered in the Regular Session under Miscellaneous Matters from the City Manager. 5. The Council received a report and held a discussion regarding procedures at the City of Denton Animal Control facility. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from he City Manger. The Council convened into the Regular Meeting on Tuesday, May 3, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 170 City of Denton City Council Minutes May 3, 1994 Page 6 2. The Council considered approval of the minutes of the Special Call Session of March 29, 1994 and the Regular Session of April 5, 1994. Perry motioned, Smith seconded to approve the minutes. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: National Preservation Week Arson Awareness Week Drinking Water Week in.Denton Mayor Castleberry stated that the City would be receiving an award for the "Best Tasting Water Contest". Peggy DeFour, President of North Texas Chapter of Laboratory Analysts, presented the City with the award. 3. The Council received a citizen report from Mike Alexander regarding the overpopulation of animals. Mr. Alexander stated that he wanted to make a greater awareness that pet owners had to have responsible behavior regarding the overpopulation of animals. He suggested some type of legislation regulating the breeding of animals that would include specific goals for numbers, data collection and evaluation. Pet overpopulation effected all and he suggested that there be no breeding without a license. Such a breeding ordinance would decrease the number of unwanted animals in the City and in the County. He asked the Council to regulate breeding by requiring a license. 4. Citizen Request A. The Council considered approval of a resolution requested by the Owsley Coalition to temporarily close Charlotte Street between Avenue H and Bonnie Brae Street on Friday, May 20, 1994. Joseph Portugal, Assistant to the City Manager, stated that this request was from the Owsley Coalition for an annual block party. This was the fourth year for the event and a number of United Way organizations were participants. Police officers would allow residents to cross the barricades if necessary. The following resolution was considered: 171 City of Denton city Council Minutes May 3, 1994 Page 7 NO. R94-014 A RESOLUTION TEMPORARILY CLOSING CHARLOTTE STREET BETWEEN AVENUE H AND BONNIE BRAE STREET ON FRIDAY, MAY 20, 1994, AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. The Council received an award from the Texas Water Utilities Association for the City of Denton Water Production Division winning the "Best Tasting Water Contest". This item was considered earlier in the meeting. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 1.068 acres from SF7 to Planned Development and considered a detailed plan for Zeta Tau Alpha to locate a sorority house at the northwest corner of Avenue A and Underwood Street. (The Planning and Zoning Commission recommended approval, 6-0.) Z94-002 Frank Robbins, Executive Director for Planning and Development, stated that this was a recommendation to approve rezoning of a detailed plan in a planned development district. Originally there was a concern regarding the preservation of large trees on the site. sixty-five percent of the protected trees would remain on the site and there was a significant bufferyard between the property and the adjoining property. Staff also had concerns regarding the project and the neighbors. Neighborhood meetings were held and the neighbors did not seem to object to the proposal. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Robert Cunningham stated that the lots which fronted on Avenue A were not suitable for single family usage and this would be a good use of the property. He also felt the proposal would be a good buffer between the current single family homes and the commercial property near the highway. He felt that the proposal had met all the requirements which the City had requested. No one spoke in opposition. The Mayor closed the public hearing. 172 City of Denton City Council Minutes May 3, 1994 Page 8 Mayor Castleberry stated that the ordinance did not specify a particular species of plants to be used but the plants had to conform with the ordinance. Robbins replied that if Council adopted the site plan, the developer would have to use the specific list of plants included with the site plan. Mayor Castleberry stated that the ordinance did not specifically give plant names. Robbins replied that there was a suggested plant list in the landscape ordinance. Mayor Castleberry stated that he had been questioned that staff might be dictating what plants had to be used. As long as the ordinance was followed, specific plants would not have to be used but ones which conformed to the ordinance. Robbins replied correct. Council Member Brock stated that there were some concerns regarding traffic problems on Avenue A. Since the street had been widened and improved, there were no significant traffic problems in that area. The residents of the sorority would not present a significant traffic problem. She felt this proposal would be an excellent upgrade to the neighborhood. The following ordinance was considered: NO. 94-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM ONE-FAMILY (SF-7) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.068 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENUE A AND UNDERWOOD STREET; PROVIDING FOR THE APPROVAL OF A DETAIL PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance rezonlng from PD87 and SF10 to Planned Development, approved variances to Subdivision and Land Development and Signs and Advertising Devices Chapters of the City Code and approved a 173 City of Denton City Council Minutes May 3, 1994 Page 9 detailed plan for 43.792 acres located on Lillian Miller Parkway south of Southridge Shopping Center. (The Planning and Zoning Commission recommended approval, 6-0.) Z94-004 Frank Robbins, Executive Director for Planning and Development, stated that this proposal contained three items. There would be a rezoning of approximately 26 acres from SF-7 to PD, approving a detailed plan, and two variances to the subdivision regulations. If the variances were not approved, the preliminary plat on the Consent Agenda should not be considered. This was a down zoning and a decrease of intensity allocation. One variance dealt with the curvature of streets through intersections. The proposed intersection would have adequate sight distances and there would be no visibility problem. The detailed plan would approve the landscaping of the cul de-sacs and the landscaping and wall on Lillian Miller. The cul-de-sacs and wall would be in private hands and covered in the deed restrictions. A homeowners association would be responsible for the private facilities. There was also a request for a deviation to the sign ordinance related to the number of ground signs on the property. Two ground signs were proposed as opposed to one which was allowed by ordinance. There were no building footprints on the planned development but the building envelopes were stated on the plan. No lot would be smaller than 9,000 square feet. Most of the frontages would have a 20' setback from the street and some side yards would have 15' setbacks. Neighborhood participation was good with no opposition noted. The Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Don Allen, TrendMaker Homes, stated that they were requesting approval of the proposal. Current zoning would allow much more units than they were requesting. Under the current zoning there would be straight development. They wanted to create something different with the area and would have some pockets of green space throughout the development. Entry signs would be built into brick or stone entry features with landscaping around the signs. There would be a wood fence along the remainder of Lillian Miller. They had worked in great length with staff to meet all regulations and felt that the proposal would be a good addition to the City. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Smith stated that 187 units would have been possible under the current zoning but that that had been reduced to 136 units. Robbins replied correct. 174 City of Denton City Council Minutes May 3, 1994 Page 10 Council Member Miller asked for the price range of the homes in the proposal. Allen replied that they would be approximately $150,000-$190,000. Council Member Brock asked if the small park would be kept up by the homeowners association. Allen replied correct. Council Member Perry asked about the drainage to the south. Robbins replied that that would be addressed in the final plat process. The regulations required that before development occurred permission for the change in the drainage patterns, in terms of velocity and quantity, would have to be given from the property owners to the south. Council Member Perry asked if that been done. Robbins replied that it would have to be done before approval of the final plat. Council Member Miller stated that the recommendation was with the deed restrictions. Robbins replied that the ordinance required such deed restrictions. The following ordinance was considered: NO. 94-076 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT DISTRICT NO. 87AND ONE-FAMILY (SF-10) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 43.792 ACRES OF LAND LOCATED ON LILLIANMILLER PARKWAY SOUTH OF SOUTHRIDGE SHOPPING CENTER; PROVIDING FOR THE APPROVAL OF A DETAIL PLAN WITH VARIANCES FOR THE DISTRICT; PROVIDING 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. C. The Council held a public hearing and considered adoption of an ordinance amending Specific Use Permit 6 to allow the addition of approximately 4800 square feet to the Denton Nursing 175 City of Denton City Council Minutes May 3, 1994 Page 11 Center located at 2229 N. Carroll Blvd. (The Planning and Zoning Commission recommended approval, 6-0.) Z94-005 Frank Robbins, Executive Director for Planning and Development, stated that the proposal was to amend the specific use permit to expand the existing facility. All criteria had been met and the Planning and Zoning Commission recommended approval. The Mayor opened the public hearing. Tom Irlbeck stated that the facility would add a chapel for the residents and a family room for visitation plus some office space. There was a need for physical therapy, speech therapy, etc. and this would allow for such programs. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-077 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT TO ALLOW FOR THE EXPANSION OF THE DENTON NURSING CENTER LOCATED AT 2229 NORTH CARROLL BOULEVARD; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing with regard to the prophosed annexation and zoning of 79.69 acres located along FM2164 and extending approximately 3482 feet north of Bobcat Road. A-65 Harry Persuad, Senior Planner, stated that the proposed annexation was for 79.69 acres north of FM2164. Two public hearings must be held for this annexation. The second public hearing would be held on May 17. The Mayor opened the public hearing. No one spoke in favor. Gloria Delaney stated that she was concerned that the property was farm land and her property would be next to be annexed. She 176 City of Denton City Council Minutes May 3, 1994 Page 12 wondered if her property would be next and what was-the City's future annexation plans. Robbins replied that there were no plans at this time for any other annexation other than what was proposed. Delaney asked if there were other options available in order to extend the City's ETJ. Mayor Castleberry stated that there were plans for annexations to extend the City's ETJ to Lake Ray Roberts to protect lake rights. Robbins replied that there might be other options to extend the City's ETJ but they were not for consideration at this meeting. Council Member Miller stated that this pubic hearing only dealt with this section of ETJ. At the last Council meeting he had expressed a concern for further annexation. Staff was directed to look at further options. He asked if this would affect this area or was it in another direction. Robbins replied that staff at this time did not have any options for Council and had not sorted out any future options. The Mayor closed the public hearing. No action was needed on this item at this time. E. The Council held a public hearing and considered adoption of an ordinance amending Article II entitled "Board of Adjustments" of Chapter 35 of the Code of Ordinances relating to "Zoning" by repealing Sections 35-41 through 35-46 and adopting new Sections 35-41 through 35-54 providing for the organization, jurisdiction and rules of procedure for the Zoning Board of Adjustment; providing an appeal procedure; providing for the amortization, termination, discontinuation and restoration of nonconforming uses and structures; providing for variances and special exemptions; and providing for judicial review of board decisions. Frank Robbins, Executive Director for Planning and Development, stated that the Council had reviewed this item in work session several meetings ago and this was an amendment to streamline the ordinance. It would add factors for the termination of nonconforming uses and allow the City to initiate the termination of a nonconforming case. It added variance criteria in accordance with state law and set a 6 month time limit to act on a variance and a 6 month time period for an appeal for a denied variance or special exception. The proposal would enable the Board to grant a special exception for a nonconforming use. This was the first part of the zoning ordinance presented by the Zoning Ordinance Task 177 City of Denton City Council Minutes May 3, 1994 Page 13 Force. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Council Member Miller asked if the clarification requested by Council regarding limited special exceptions had been incorporated into this proposal. Robbins replied correct. Council Member Brock suggested highlighting new wording when looking at future ordinances so Council would know what was being changed. The following ordinance was considered: NO. 94-078 AN ORDINANCE AMENDING ARTICLE II ENTITLED "BOARD OF ADJUSTMENT" OF CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO "ZONING" BY REPEALING SECTION 35-41 THROUGH 35-46 AND ADOPTING NEW SECTION 35-41 THROUGH 35-55 PROVIDING FOR THE ORGANIZATION, JURISDICTION AND RULES OF PROCEDURE FOR THE ZONING BOARD OF ADJUSTMENT; PROVIDINGANAPPEAL PROCEDURE; PROVIDING FOR THE AMORTIZATION, TERMINATION, DISCONTINUATION AND RESTORATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR VARIANCES AND SPECIAL EXCEPTIONS; PROVIDING FOR JUDICIAL REVIEW OF BOARD DECISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FORAN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Consent Agenda Brock motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 178 City of Denton City Council Minutes May 3, 1994 Page 14 A. Bids and Purchase Orders: 2. 3. 4. 5. 6e Bid #1619 - File Storage System Bid #1609 - Windrow Composting Machine Bid #1621 - Electric Distribution Cable #2 and #4/0 Bid ~1624 - Street Maintenance Equipment Rental Change Order #2 - Oscar Renda Contracting - University Drive Sewer P.O. #44525 - Federal Energy Regulatory Commission B. Plats and Replats Preliminary plat for Lots 1-72, Block 1; Lots 1-20, Block 2 and Lots 1-17, Block 3 of a 43.792 acre tract located on Lillian Miller Parkway south of Southridge Shopping Center. (The Planning and Zoning Commission recommended approval, 6-0). C. Tax Refunds 1. Edith G. Hern/AmWest Savings Association - $559.39 8. Ordinances The Council considered the Consent Agenda ordinances. 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 #1619, 7.A.2. - Bid #1609, 7.A.3. - Bid #1621) The.following ordinance was considered: NO. 94-079 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.4. - Bid #1624) The following ordinance was considered: 179 City of Denton City Council Minutes May 3, 1994 Page 15 NO. 94-080 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 authorizing the execution of a change order to a contract between the City of Denton and Oscar Renda Contracting; and providing for an increase in the contract price. (7.A.5. - Change Order #2) The following ordinance was considered: NO. 94-081 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND OSCAR RENDA CONTRACTING; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. D. The Council considered adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the city for fees for the payment of taxes or application or licenses or renewal of licenses required by the State of Texas or the united States of America or any agency thereof. (7.A.6. - P.O. ~44525) The following ordinance was considered: NO. 94-082 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR FEES FOR THE PAYMENT OF TAXES OR APPLICATION OR LICENSES OR RENEWAL OF LICENSES REQUIRED BY THE STATE OF TEXAS OR THE UNITED STATES OF AMERICA OR ANY AGENCY THEREOF; AND PROVIDING AN EFFECTIVE DATE. smith motioned, Perry seconded to adopt ordinances A-D. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance prohibiting the parking of vehicles on the east side of Bryan Street, from its intersection with Oak Street to its intersection with Scripture Street. (The Traffic Safety Co~mission recommended approval.) 180 City of Denton City Council Minutes May 3, 1994 Page 16 Jerry Clark, City Engineer, stated that this was a no parking request on Bryan Street. No parking signs were on the site when it was discovered that there was no ordinance supporting no parking in the area. This ordinance would correct that problem. All of the residents in the area were in favor of the request. The following ordinance was considered: NO. 94-083 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE EAST SIDE OF BRYAN STREET, FROM ITS INTERSECTION WITH OAK STREET TO ~TS INTERSECTION WITH SCRIPTURE STREET; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll voter Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance amending portions of Chapter 18, Article II, Division 2 of the Code of Ordinances relating to trucks and truck routes; providing for a repeal of any ordinance in conflict therewith; providing for a severability provision; and providing for a penalty in the maximum amount of $200.00 for violations hereof. Jerry Clark, City Engineer, stated that Council had considered this ordinance at an earlier meeting. This amendment would provide a clearer definition f~r an overweight load and staff was recommending approval. The following ordinance was considered: NO. 94-084 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 18, ARTICLE II, DIVISION 2 OF THE CODE OF ORDINANCES RELATING TO TRUCKS AND TRUCK ROUTES; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY PROVISIONS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. On ~011 vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 181 City of Denton City Council Minutes May 3, 1994 Page 17 G. The Council considered adoption of an ordinance authorizing the City Manager to execute all documents and agreements, as required, to obtain funding for the Summer Food Service Program .... Janet Simpson, Superintendent of Leisure Services, stated%hat this was the third year for this program. An additional site would be added this year and the DISD would prepare the lunches for the sites. The following ordinance was considered: NO. 94-085 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS AND AGREEMENTS, AS REQUIRED, TO OBTAIN FUNDING FOR THE SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The Council considered adoption of an ordinance approving and authorizing the city Manager to execute a compromise settlement release of all claims in the matter of Noel Wood. Debra Drayovitch, City Attorney, recommended Council approve the ordinance in accordance with previous Council direction. The following ordinance was considered: NO. 94-086 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF NOEL WOOD; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberr¥ "aye". Motion carried unanimously. 182 City of Denton City Council Minutes May 3, 1994 Page 18 9. Resolutions A. The Council considered approval of a resolution approving a bond resolution by the Denton Health Facilities Development Corporation providing for the issuance of health facilities refunding revenue bonds for the Evangelical Lutheran Good Samaritan Society. Kathy DuBose, Acting Executive Director for Finance, stated that this resolution would approve the bond resolution by the Denton Health Facilities Development Corporation and provide for the issuance of health facility refunding revenue bonds for the Evangelical Lutheran Good Samaritan Society. This would not obligate any city funds and would allow refunding of previously issued bonds. The following resolution was considered: NO. R94-015 RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF HEALTH FACILITIES REFUNDING REVENUE BONDS FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY. Cott motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the Mayor to act on the City's behalf in casting a ballot in the election to amend the bylaws of the National League of cities. City Manager Harrell stated that Council had received a memorandum from the National League of Cities regarding recommended changes in the bylaws for the organization. This resolution would authorize the Mayor to cast the City's vote on the proposed amendments. These amendments seemed routine and housekeeping in nature. The following resolution was considered: NO. R94-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO ACT ON THE CITY'S BEHALF IN CASTING A BALLOT IN THE ELECTION TO AMEND THE BYLAWS OF THE NATIONAL LEAGUE OF CITIES; AND DECLARING AN EFFECTIVE DATE. City of Denton city Council Minutes May 3, 1994 Page 19 Miller motioned, smith seconded to'authorize the Mayor to vote yes on amendments A, B, C, D, and E. city'Attorney Drayovitch stated that the resolution did not specify a direction the Council wished the Mayor to vote. She recommended that the resolution be amended to provide that the Mayor would be authorized to act on the City's behalf in casting a ballot affirmative on all propositions. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution approving an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services. City Manager Harrell stated that this was a routine matter of an annual contract for providing ambulance service in unincorporated portion~ of Denton County. These funds had been budgeted during the budget process. The following, resolution was considered: NO. R94-017 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Smith motioned, Miller seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered nominations and/or appointments to the Traffic Safety Commission, the Board of Adjustment and the Keep Denton Beautiful Board. Mayor Castleberry stated that Council Member Perry had nominated Jane Powell to the Keep Denton Beautiful Board at the last meeting. On roll vote of that nomination, Brock "aye", Cott, "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Brock indicated that she did not have a nomination for the Traffic Safety Commission at this time. Council Member Miller indicated that he did not have a nomination to the Board of Adjustment at this time. He asked if an alternate City of Denton City Council Minutes May 3, 1994 Page 20 should move to a regular position when there was a vacant regular position. Mayor Castleberry stated that normally if there were a vacancy in a permanent position, the alternate was asked to fill that permanent position. He assumed that whoever had that alternate position would then have to fill that position. Mayor Pro Tem Smith stated that there was not a definite rule that an alternate had to move to a regular position. The alternate might not want to go into that position. After discussion, consens6s of the Council was to appoint the alternate to the permanent position, if the individual so desired, which would open the alternate position. 11. Vision Update Council Member Miller stated that~there had been a cabinet meeting earlier in the day and the Cabinet received a report from the impact groups. He invited all to go to the Vision Room and see the change in the room and the direction the project was moving. Joe Lanford would be in Denton to meet with the impact groups and with the Cabinet on June 5 and June 6. He would be asked for suggestions on how to proceed with the project. Mayor Pro Tem Smith stated that the Vision Room was open for visitors Monday-Friday from 10:00 a.m. - 2:00 p.m. 12. Miscellaneous matters from the City Manager. A. The Council held a discussion and gave staff direction regarding a timeline for board/commission appointments. Jennifer Walters, City Secretary, reviewed the schedule with the Council as presented in the agenda back-up materials. After discussion, consensus of the Council was to proceed with the schedule as presented. B. The Human Resources Department and Information Services moved to the Denton Municipal Complex over the weekend and did a great job with the move. C. Early voting closed today with compared to 1461 cast last year. Council returned to the Work Session items. 600 early votes cast 185 City of Denton City Council Minutes May 3, 1994 Page 21 2. The Council received a report and held a discussion regarding the Human Services Committee recommendations for the 1994-95 agency funding. Council Member Miller stated that he was concerned about the funding level for some of the social services. There was a new funding item for SPAN transportation. He asked how much would have to be put back into the general fund if that were not funded to SPAN and what would be done with those dollars. He also asked for a further explanation for not funding TWU Cares. Last year the justification for reduced funding was for record keeping and this year it was suggested that the funding might not be needed. Other areas of concern were the North Texas Community Clinic and Friends of the Family. He did not want to second guess the recommendations from a board or commission but was concerned about the signals given regarding such funding. Ross stated that staff had discussed with the Committee the number of agencies which were funded. The funding had gone from 5 or 6 original agencies to 15 agencies. Staff had recommended that the Committee not fund more that 16 agencies due to the time involved for staff monitoring of the agencies. The Committee had voted to fund 17 agencies. Council Member Cott suggested that if the Committee wanted to work down funding to an agency, notice should be given first and not completely cut off funding all at one time. Ross replied that there had been some discussion about not pulling funding all at once and the Committee might need more direction regarding such a procedure. Section seven of the policy stated that funding for new agencies would be for a maximum of three years. Council Member Brock felt that Council needed to look at the guidelines which had been adopted and that some policy decisions needed to be made regarding the funding of new agencies. In the list of programs funded, the Denton christian Preschool was described as a daycare operation which was not the case. The Preschool was a very intensive instructional program designed to prepare children to succeed and survive in school. City Manager Harrell stated that when the policy was adopted by the Human Services Committee, the three year period was an attempt to mirror the policy of the united Way. The United Way would not fund an organization unless it had a track record of community service. Four of the proposed funded programs were in the Parks and Recreation Department. It appeared that it was an after thought of the Committee to reduce the funding of those programs. He suggested staff do an analysis on how of each of those programs 186 City of Denton City Council Minutes May 3, 1994 Page 22 would be affected by the reduced funding. Council Member Brock stated that the Enterprise Community Vision subcommittee needed to consider many of these items. She felt that there was a need to think about changing some policies to fit changes. Preventative measures seemed to be less funded than a crisis situation. Council Member Miller felt that there was a need to resolve the funding level for this year. Council needed to meet with the two Boards to look at what the policies should be. Newer requests should not be on the same level as the long term funded programs. Mayor Pro Tem Smith stated that the committees had worked very hard to reach their conclusions and she understood the hard decision they had to make regarding a recommendation. Mayor Castleberry requested a list of sources of other funding for the agencies. He stated that there were several Speaker Cards from individuals who wished to comment on the agenda item. The following individuals were opposed to the recommendations: Linda Nickum, Karen Connor, Kris Altman, Myra Clemans, Donna Clayton, Tiffany Cannon, Jeanne Birks, Joy Hesch, and Norma Johnson. Cheryl Sutterfield, Friends of the Family, stated that there were problems with the guidelines and that they were very surprised that they would not receive any funding for the next year. They had only asked for 13% of their budget. They had spent $286,000 worth of services on City residents during the past year. City funding was used for matching funds. Warren Searls stated that the Council should not send the wrong message to citizens. He asked that the Council review procedures so that it was the Council setting policy and not staff and/or committees. He felt that the agencies should be advised in advance what the regulations were so that the agencies could make good presentations. Friends of the Family was making good progress in the City and in the County and he asked that the Council not penalize the agency because it was successful. 3. The Council received a report, held a discussion and gave staff direction regarding the Design Guidelines. The Planning and Zoning Commission recommended approval contingent upon City Council funding the legal review of the zoning ordinance rewrite as recom~ended by the Zoning Ordinance Task Force (6-0). Harry ?ersuad, Senior Planner, stated that the Zoning Ordinance Task Force was appointed by Council to rewrite the City's Zoning Ordinance and had completed work last year. The guidelines provided a checklist for reviewing and evaluating site plans. This 187 City of Denton City Council Minutes May 3, 1994 Page 23 would provide a consistent frame work for the developer, city staff, the Planning and Zoning Commission and Council to address site planning issues and concerns. In the Planning and Zoning Commission work sessions, it was determined that the guidelines contained elements of the mixed use zoning district (MXD) which had been proposed by the Zoning ordinance Task Force. The MXD contained many zoning benefits to land owners and developers. The Planning and Zoning Commission felt that the work of the Zoning ordinance Task Force should be treated as aM integrated package and not desegregated and processed in a piecemeal manner. _. Russell Bates stated that he was a member of the Mixed Use District Task Force. Their charge was to determine a viable option to planned development zoning. He felt that the zoning ordinance and the mixed use ordinance were very much intertwined. The Zoning Ordinance Task Force recommended to not separate-the zoniDg ordinance and the mixed use district. He felt that this was a good proposal and was good for business and residential areas. Council Member Miller stated that the recommendation from the Planning and Zoning Commission was to move ahead with~ the guidelln~s but that it be contingent on the funding of the entire rewriting of the zoning ordinance. The Planning and Zoning Commission had requested to not approve one without the other. Bates replied correct that there was a need to keep their recommendation together pending City funding. Council Member Miller stated that the process should be done at one time. Bates replied correct that it was designed to be an entire paakage and not separated. Jim Englebrecht stated that the zoning ordinance Task Force attempted to resolve some of the zDning problem issues. He fe~t that the MXD provided protection for existing neighborhoods. There was a need for a legal review of the zoning ordinance which Council decided not to fund during the last budget year. The Planning and Zoning Commission wanted to see the MDX go through but felt that funding was necessary for a review of the zoning ordinance. Council Member Cott asked how much the review wou~d cost. Englebrecht replied approximately $20,000. Council Member Perry asked if the proposal dealt with an overall revision of the zoning ordinance of which the MXD was only one segment. If this required funding, the whole matter needed to be dealt with as a budget item in the upcoming budget discussions. He 188 City of Denton City Council Minutes May 3, 1994 Page 24 felt that that would be necessary as funds had not been allocated for the review. Englebrecht stated that the recommendation did not start out with a budget request. The recommendation came to the Planning and Zoning Commission with regard to the design guidelines. The Planning and Zoning Commission was concerned that this be a budget item for a legal review. Council Member Perry stated that he would like to consider the proposal as a complete package and put under budget deliberations. He did not want to act on the proposal as piecemeal but rather as a comprehensive document. Mayor Castleberry stated that the Planning and Zoning Commission was requesting that the proposal be a part of the budget. Englebrecht stated that the Planning and Zoning Commission would like to have the funding for a legal review of MXD at this time and not wait until budget discussions. IF the MXD were to be approved, it would solve the guideline problems for the staff. Mayor Castleberry stated that the Planning and Zoning Commission would like an indication that Council would be looking at the proposal in terms of being a part of budget and give some direction regarding MXD. Englebrecht replied no that the Planning and Zoning Commission was concerned with the funding of the proposal. Council Member Miller felt that if the proposal were put as a budget item and approved, the MXD would be written and then go through legal interpretation. He had a hard time regarding putting one in and waiting to get legal approval for the rest. He supported the idea of working on putting the proposal in the budget for next year and not proceeding with the guidelines until all was prepared. It should not be done piecemeal. Council Member Brock stated that some portions of the zoning ordinance had already been done piecemeal. If this item were put in the budget, would the Council be giving approval to the idea of the MXD. Would a study be done on what the MXD would be and then Council decide to have a .legal expert decide that the City was covered. Was funding being done too soon before knowing what the concept was or what the program would be. Council Member Cott asked if it would be beneficial to have the Task Force frame a written proposal for the funding along with an explanation of goals and objectives. City of Denton City council Minutes May 3, 1994 Page 25 Robbins replied that that had been done last year as part of the budget process and Council would see that package again from the Legal Department. There were eight major provisions in the zoning ordinance and they were being brought to Council in a piecemeal process. The Board of Adjustment which the Council considered earlier.in the meeting was one of the eight provisions. MXD was another provision. Council Member Brock felt that there was a difference between receiving a presentation on the proposal and studying the proposal in terms of how it would apply. It needed to be thought of in terms of what were the implications, how it would work, what kinds of changes would it make in the community, etc. Mayor Castleberry felt that the consensus of the Council was to bring the item back to Council at a later date. Council Member Perry agreed with Council Member Brock that Council needed time to look at the proposal as a comprehensive whole and needed time to study it carefully. Council Member Chew suggested reviewing the proposal at a work session with nothing else on the agenda. Council Member Miller proposed that staff bring back to Council a total rewrite of what the project would look like. The Council would have to resolve the issue of the legal fees. He did not support the idea of doing the guidelines now and then doing the other portions. Consensus of the Council was to bring the proposal along with funding needs back to Council during a work session with no other items on the agenda. 4. The Council received an update on the Empowerment Zone, Enterprise Community strategic planning effort, discussed the process and gave staff direction. Frank Robbins, Executive Director for Planning and Development, stated that the draft plan addressed the four principles outlined by HUD as elements that must be addressed. The mission statement for the project would be "For the good of the whole community, enable people to become self sufficient so they can meet their own needs." The plan contained a series of facts illustrating the problems of poverty and inadequate human services; a mission statement; a set of principles and facts representing the commonly held beliefs of the community as represented by those interviewed and who participated in the focus groups; a set of strategies defined by the focus groups representing longer term goals and principles with shorter term actions which should be undertaken to City of Denton City Council Minutes May 3, 1994 Page 26 achieve the mission. Staff would discuss the local government role in the plan according to the five principles espoused in the book Reinventing Government which included catalytic government (steering rather than rowing); community-owned government (empowering rather than serving); mission driven government (transforming rule driven organizations); anticipatory government (prevention rather than cure); and results-oriented government (funding outcome, not inputs). The final document would be presented to Council on May 17 for approval after a town meeting for public input. Council Member Cott felt that government, while it should provide services to the citizens, did not necessarily have to be the provider of the services. That was something which had not been addressed. He felt it could not be said that the Vision project was not budgeted and then put staff people on the project. Council Member Brock stated that this project was not a spin-off on the Vision Project but was an attempt to bring dollars to Denton as an economic empowerment city. Council Member Miller questioned the process and why was the City involved in this project. Robbins replied that there was a federal program for 65 communities the size of Denton which would receive $3 million for social service funding. Consensus of the Council was to proceed with the project. 5. The Council received a report and held a discussion regarding procedures at the City of Denton Animal Control facility. Nonie Kull, Environmental Health Services Manager, stated that the Denton Humane Society proposed that they be allowed to bring their veterinarian into the facility whenever there was an injured animal. There had never been a denial of that kind of request in the past. Local veterinarians were used especially if the animal had a tag. The Society expressed a concern over the practice of holding severely injured or ill animals for the 96 hours. This was not the practice. During the first two months of this fiscal year, the Center sheltered 645 cats and dogs. Of those animals, 10 of those animals were very seriously injured and 9 were put down the same day. The other animal was held overnight because they were able to keep it quiet in the hopes of locating an owner. When that did not happen, the animal was put down. She was unable to discuss the legal aspects and the liability of having a veterinarian coming into the facility but did know that the Legal Department was looking into the issue. Animal Control was not opposed to having a veterinarian come to the premises. They had been invited for 191 City of Denton City Council Minutes May 3, 1994 Page 27 years and were free to come at any time. There was a local veterinarian who volunteered his services whenever needed. The Denton Humane Society exclusively used a veterinarian in Ponder. She was not comfortable moving a Denton animal out of the City but preferred to use a local veterinarian. Council Member Perry commented on the kindness and understanding of the Animal Control employees and their approach to their task. Council Member Miller asked about the on-going relationship with the veterinarians in the City and visiting the shelter. Kull replied that there was an informal relationship with the veterinarians. The veterinarians who assisted her did so on a voluntary basis because she had asked for help. There was no routine care for the animals but rather it was done on an as needed basis. Some veterinarians provided the services free of charge, others she had paid for herself. There was no set schedule. Mayor Castleberry stated that he had raised the legal issues which the Cit~ Attorney had researched. He understood that there was a Humane Society representative who came by on a regular basis. He asked if that impeded the work at the Center. Kull replied that it was not a great problem and sometimes meant that animals could be adopted which otherwise would not. Mayor Castleberry suggested looking at establishing a procedure and consider setting a time to look at the animals. He suggested that the Manager develop a plan which the Council could consider. He did not want to slow the work of the Center with too much participation and it was important to consider any liability issue. Consensus of the Council was to proceed with the Mayor's suggestion. 13. The Council took the following official action on Executive Session items discussed during the Work Session Executive Session: Perry motioned, Chew seconded to authorize the city Attorney to join in an amicus relationship with the City of San Antonio in pursuing a suit that if it came to a successful conclusion would increase greatly the punitive damages for cities. It was to the City's interest to prevent that if possible. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 192 City of Denton City Council Minutes May 3, 1994 Page 28 14. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller proposed to televise all future work sessions and follow a schedule similar to the one set out at this meeting. Council Member Perry stated Council had agreed to take this session and evaluate it. He felt that the Council should follow that suggestion as he had some issues to raise over the procedure. Council Member Miller felt that the procedure worked well and that it should be continued. After discussion, Brock motioned, Miller seconded that the Council follow the same procedure for one more work session before proceeding with a long ra~ge evaluation and that the additional session be the next regular meeting. On roll vote: Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew ::nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 15. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned 10:45 p.m. Y SECRETARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY~R CITY OF DENTON, TE7 ~ ACCOO1CB