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Minutes July 19, 1994386 CITY OF DENTON CITY COUNCIL MINUTES JULY 19, 1994 The Council convened into the Executive Session on Tuesday, July 19, 1994, at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council convened into Executive Session to discuss the following: ao Bo Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered claim against GTE for payment of franchise fees. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Considered acquisition of real property near the Spencer Water Treatment Plant. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, July 19, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 1. The Council had a presentation and discussion of the Hotel/Motel Tax Recipients budgets by the Denton County Historical Foundation, the Denton County Historical Museum, the Greater Denton Arts Council and the North Texas State Fair Association. Leon Callahan, Vice Chairman of the Denton County Historical Foundation, stated that the budget being presented was approved by the Board of Directors. An audit of the previous nine months of the budget was also presented. Callahan stated that the Denton County Historical Foundation was attempting to get their budget year on line with the City budget year. Currently, their fiscal year started on January 1st. Callahan stated that the budget fulfilled the obligation required by law for use of Lalor money. Many historical projects within the City of Denton were ongoing and funds were committed to projects underway at the current time. The current Historical Foundation budget was slightly more than the previous year's because many more people were spending the night in Denton and quarterly funds had increased. 387 City of Denton City Council Agenda July 19, 1994 Page 2 A number of historical marker applications were pending in the city. Last year, two markers were dedicated in the city limits, one at the historical building on the UNT campus and the other was the old 1936 monument marker which was moved from the highway and placed on the Courthouse-on-the-Square lawn. Immaculate Conception Catholic Church on North Elm had received notice of approval for a Texas historical marker which would be placed on the church lawn. Several churches in the City of Denton were working on their histories with the intention of applying for historical markers and part of the Foundation's money was set aside for assisting in paying for the markers at approximately $150 each. Lalor funds allowed many volunteers to work toward historical preservation in the city. Callahan stated that the Foundation was involved with attempting to gain a grant from the Department of Transportation to put a sprinkler alarm system in the Courthouse-on-the-Square. The cost of the sprinkler system would not exceed $150,000, and the Foundation had underwritten the cost of specifications at a cost not to exceed $15,000. The Foundation was also in the process of publishing the IOOF cemetery census book for the City of Denton which would be used for genealogical research. The All War Memorial fund was ongoing and presently approached $30,000 in collections. Callahan stated that the Foundation intended to complete the All War Memorial project in the next eighteen months. The Foundation shared with the Historical Museum and others cooperative advertising to promote tourism in Denton. The Foundation had also furnished materials to libraries around the County for children and teachers to use. Council Member Miller questioned whether other than the restricted support of the All War Memorial and in-kind services from the County, the Foundation was dependent upon Lalor funds for their operation. Callahan stated that monies were received from other places, but the majority of cash money did come from Lalor funds. Some cash for education of staff was received from the County as well as in- kind services. Council Member Smith questioned how much in actual dollars was the budget request increasing. Callahan stated that last year's budget was approximately $8,800 the current year request was $10,200. Norma Gamble, Director of the Denton County Historical Museum, stated that the Museum relied on a number of volunteers to do everything at the Museum. Changes in the last year at the Museum made the entire Museum ADA accessible. The volunteers preserved 388 City of Denton City Council Agenda July 19, 1994 Page 3 Denton County's heritage and allowed the Museum to open at 10:30 a.m. Monday through Friday since January of 1994 and would strive to be open at 10:30 a.m. on Saturday instead of 1:00 p.m. Janet Harreld, Executive Director of the Greater Denton Arts Council, 207 S. Bell, stated that the new year would be a transitional year for the GDAC in many ways. The Campus Theater construction provided for a lot of activity. The audit for the 94 fiscal year was scheduled to be done in August and would be provided to the Council upon completion. The Hotel/Motel Tax was specified almost entirely for salary and personnel expenses. The GDAC had an exceptional year in fiscal year 94 in terms of grant subgranting. The GDAC had allocated $29,915 to the affiliate arts organization which was a record. That money was not allocated in the next budget year, but GDAC would be attempting to find the funds for the affiliated arts agencies. Harreld stated that the Campus Theater construction was estimated to take 207 days. Bob Powers, 109 Kings Row, Vice President of the North Texas State Fair Association, stated that the budget was much the same as the past except for one item. The fairgrounds was open year round with Fair Hall used for many things. Powers stated that every year improvements were made to the Fairgrounds. Year before last new restrooms were built and last year new paving was done. New bleachers were installed around the main bandstand. Powers stated that future improvements included a roof on Fair Hall and installation of insulation and panelling in the commercial exhibit building to improve air flow and temperature in the building. The improvement would also assist temperature control for events in the winter months. 2. The Council received a report and held a discussion regarding a review of the Denton Central Appraisal District's budget. Joe Forsythe, Denton Central Appraisal District, presented the budget to the Council highlighting that in the proposed 95 budget, the office in southern part of the County would be closing on October 1. As a result, two full time positions would be eliminated effective January 1. Another change was in the building maintenance area where the DCAD had contracted out janitorial service and grounds maintenance. The proposed budget eliminated the contract and provided for a full time employee to perform the services. The proposal would change the number of full time employees in the proposed budget to 47 instead of 48 as in the current budget. Salary increa~e~ were Proposed at a merit increase of 2 1/2 %. The DCAD would add some part time employees in some of the departments. The net increase in the budget over last year was 3'89 City of Denton City Council Agenda July 19, 1994 Page 4 approximately $40;000. Forsythe called Council's attention to page four which had a schedule which reflected an assumed inflationary growth rate in the County. The DCAD faced a continual growth situation of approximately 3%. The budget held the line at the current time but Forsythe stated it would be hard to serve the jurisdictions and the public well in the future. Forsythe stated that there were several thousand new properties to address during the year without an increase in budget. The DCAD had stretched their resources and the Board worked hard to hold the line which it felt was what the governing jurisdictions had requested. Council Member Cott questioned the statement that growth was somewhat out of their control as far as cost control. Forsythe stated that he was referring to the growth of number of accounts which DCAD had to serve without increase in personnel. He stated that the Tax code decreed that at least every three years they had to re-appraise everything. The State came in every year and did a ratio study for every category of property, such as residential, commercial,' personal property, land, etc. and if a problem was noted, it was worked on to keep the values at market. Council Member Cott asked if the DCAD was allowed by law to plan beyond one year. Forsythe stated that the DCAD could do very little to plan for the future. Budgets were annual, based on what could be passed at that time. The DCAD had nothing to issue debt against and had to fund long term debt out of current operations. Council Member Cott questioned if the DCAD could issue debt of any kind. Forsythe stated that Tax Code did not indicate such. City Manager Harrell endorsed the conservative budget brought forth by the DCAD. The amount the City of Denton would be assessed for the support of the Appraisal District was actually lower than what was projected. A side benefit the City received from 1/2 cent sales tax was that the assessment the City received from the Appraisal District was tied back to the actual tax levy being received by the jurisdiction. As the city property tax went down, the city's proportional share to the Appraisal District would also go down and the City would realize a savings in the next budget year. 390 City of Denton City Council Agenda July 19, 1994 Page 5 3. The Council received a report regarding an early warning system. The item was considered later in regular meeting The next item-was considered out of order. 4. The Council held a discussion regarding participation in the North Texas Commission. Betty McKean, Executive Director for Municipal Services/Economic Development, stated the original focus of the North Texas Commission was to promote the Dallas/Fort Worth International Airport. Over the last 10 to 15 years, the NTC had evolved to include several other critical area issues. The NTC dealt with major national and international marketing campaigns and sponsored international marketing exhibitions. Over the last few years, the NTC had become a regional Chamber of Commerce and formed a linkage between Dallas/Fort Worth and Denton. Denton benefited because of Denton's involvement and the imaging in marketing materials the NTC prepared. McKean stated that the City, Chamber or a combination thereof, had been members since 1977 and the City currently paid dues out of the Utility Department Economic Development fund. McKean stated that Denton's participation had been very successful and Denton received a lot of return on the investment in the NTC in the form of access to the technical data bases and technical support from the NTC staff. She stated it was critical for Denton to be involved in an organization whose objective was the furtherance of regional cohesion and unity. The background materials provided a history of previous discussions. The NTC membership was made up of not only cities, universities, but also private sector businesses. Council Member Cott stated that he agreed that Denton should be a member of NTC. However, he suggested the City should be cognizant of what the City was looking for and what other members were looking for. Cott stated that competition was not going to be friendly no matter what the history had been. Council Member Brock stated that Denton should be a member of the North Texas Commission and could not afford to be the only city not a member of the organization. In terms of economic development, the City got much more than was put in because the best economic development advisors stated that cities must first promote the region and then promote the entity within that region. The NTC provided a broader outlook with a more sophisticated and complex approach to economic development of which Denton needed to be part. ~ity of Denton City Council Agenda July 19, 1994 Page 6 391 Council Member Miller stated it was imperative that Denton belong to the North Texas Commission because through the organization Denton was marketed nationwide and internationally which would be difficult to do alone. The NTC was assisting in marketing the empty building in north Denton nationally. City Manager Harrell stated that a good illustration of the role of the North Texas Commission was the case of Matsushita when Denton went toe-to-toe with City of Fort Worth. The NTC was the lead agency in getting Matsushita to focus on the Dallas/Fort Worth area. Once the NTC had performed that role, they brought cities together and let the cities make presentations to Matsushita for their project. The Council convened into the Regular Meeting of the City of Denton City Council on Tuesday, July 19, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: None 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 Work Session of June 14, 1994. Miller motioned, Smith seconded to approve the minutes. The Mayor stated that a correction was needed on page 10 of the minutes of June 14 which stated that the Mayor had nominated Mr. Harpool for the TMPA reappointment. Council Member Miller had made the nomination. Miller amended his motion, Smith seconded to approve the minutes as corrected. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Presentation of the Keep Texas Beautiful Annual Awards and the Yard of the Month Awards. Mr. Bill Watson, Chairman of Keep Denton Beautiful, presented two awards to representatives of the Denton High Ecology Club; the 1994 Ruth Jackson Youth Leadership Award and the 1994 Ruth Jackson 392 City of Denton City Council Agenda July 19, 1994 Page 7 Sustained Excellence award which made the Ecology Club the overall winner for the entire state. Mr. Watson presented the Mayor with the Keep Texas Beautiful Proud Community Award and the Keep Texas Beautiful Sustained Excellence Award. The Mayor presented the July Keep Denton Beautiful Yard of the Month Awards to Don Gray, 1021 Carroll Boulevard; Mr. & Mrs. Delbert Gray, 1025 Carroll Boulevard; Ridgecrest Apartments, 1300 Dallas Drive; Crown Cleaners, 1105 E. University Drive; David Nichols, 1400 Egan Street; and Mary Trapp, 704 Lafayette. 4. Citizen Reports A. The Council received a citizen report from Dalton Gregory, President of the Board of Directors for Science Land of Denton, regarding revenue collected by the City of Denton through the hotel/motel occupancy tax. Dalton Gregory, 2408 Emerson, President of the Board of Directors of Science Land of Denton, stated that he was asking the City for financial support for Science Land from the hotel/motel tax money. The science museum was organized in the Summer of 1992 to provide a quality, interactive discovery museum for the community. The committee developed bylaws, articles of incorporation, and obtained a charter from the Texas Secretary of State as Denton's Children's Museum, Inc. In November of 1992, only six months after it was organized, Science Land opened its doors at the Golden Triangle Mall. The title of Science Land was used because the first director planned and created a number of exhibits based on physical science. Since it is more than just a science museum, the name was altered to be more descriptive and was registered with the Secretary of State as Science Land Den~on's Discovery Museum. During the first full fiscal year, the budget of $35,000 was raised through attendance fees, fundraisers, donations, and the sale of merchandise. Survival of Science Land has relied on the many volunteers with the manager as the only full time employee. The museum had experienced regular growth during the 24 months of operation. In June of 1994, the museum experienced a 72% increase in attendance from June of 1993. The museum had received a Venture Grant from the Denton County United Way to do an educational outreach program in two of the Denton elementary schools serving children of low income families. Despite the success of the museum, Gregory stated they were in need of additional funds for three main reasons: 1) the Manager was no longer able to work full time on a part time salary; 2) Corporate headquarters of the Golden 393 City of Denton City Council Agenda July 19, 1994 Page 8 Triangle Mall had asked that the museum cover utility costs; and 3) money was needed for additional staff time for marketing and preparing grant proposals. The museum had been waiting for the city to develop its new application process for the hotel/motel tax money, but the situation had become more critical. Gregory stated that the Board felt Denton's Discovery Museum qualified for the funds because they generated tourist traffic to the city. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 5.5638 acres from a commercial (C) district to the multi-family - (MF-1) district. The Prairie Hollow Apartment site was located directly north of Prairie Street and east of Interstate 35. Z-94-014 (The Planning and Zoning Commission recommended approval 6-0). Frank Robbins, Executive Director of Planning, stated that this was a downsizing from the existing use from a commercial district to a MF-1 and said that apartments existed at the location now. The apartments were built in the commercial district when the City eliminated cumulative zoning in 1989. That meant the apartments were a nonconforming use in a C district. For financial reasons, the apartments had been down zoning to the multi-family district to become a conforming use. The apartment was in a moderate activity area, met all policies of Denton Development Plan, and the Planning and Zoning Commission had unanimously recommended approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 94 -120 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) TO MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 5.5638 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF PRAIRIE STREET, EAST OF INTERSTATE HIGH-WAY 35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 394 City of Denton City Council Agenda July 19, 1994 Page 9 Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye" Motion carried unanimously. Council Member Cott left the meeting. B. The Council held a public hearing and considered variances to Section 34-114(9) and Appendix A-1 pertaining to the maximum grades at street intersections and on local/residential streets for Southridge Estates, Phase I. This 20.034 acre site was located on Lillian Miller Parkway at Southridge Drive. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning, stated that this was a request for a variance in a subdivision in which a preliminary plat had been approved but which final plat had not been approved. Variances to the street grades had come up during the construction plan phase of the subdivision. One variance had to do with the subdivision regulation requirement that there be no greater than a 2% grade at an intersection. The second variance had to do with 7% slope in any part of the street. The variance was for a 9% grade rather than the 7% grade. The applicant proposed that rather than a 60 foot 2% grade, a 30 foot distance at 2% grade. There were three criteria that must be found before a variance could be granted. The first and third criteria were that the variance must not violate a policy of the Denton Development Plan and the variance must not be created by some act of the owner. The second criteria was that there was some unique condition associated with the property that would provide some basis for the variance and that there would be a hardship. In the case being considered the streets were at a variance with the grade, the slope of the actual ground was 12% and were fairly heavily wooded. If the street grade standards were met, t~e developer would be required to use a great deal of fill and a number of trees would be lost. The location of the intersection at Southridge was somewhat fixed and would be hard to work through by the applicant in any other way because there was another existing intersection platted in a development across Lillian Miller. Within a couple of years the intersection at Southridge and Lillian Miller would be signalized. Subdivision regulations had a street separation standard of 400 feet. Given other intersections along Lillian Miller and given two ways in and out of the subdivision should be provided, it was almost impossible to get 400 foot separation on Lillian Miller within the subdivision. The Planning and Zoning Commission found because of the fixed nature of one intersection, 395 City of Denton City Council Agenda July 19, 1994 Page 10 the fact that a number of trees would be lost and a number of other safety standards, recommended approval unanimously. The Mayor opened the public Hearing. Don Allen, 5757 Alpha Road, Dallas, Trendmaker Homes, represented the owner and developer of the property which would continue to develop to the east. The developer and owner were constrained in their development of the site by having to match existing intersection locations at Southridge Drive and the southern location of the other street which was all ready set by the plat of the development across the street. They could not locate the streets in other locations and still achieve distances required along Lillian Miller plus other locations were not advisable because intersection locations were over the crests of hills. The existing site had some very steep and severe topography meaning it was much deeper than allowable street grades but it also made it very beautiful and added a lot of character. Allen stated that the developer and owner had worked with staff to strike a balance between something that would meet the street grade requirements but wanted to achieve something that was a safe, reasonable requirement for the topography. Allen requested that Council approve their request for the variance. No one spoke in opposition. The Mayor closed the public hearing. Council Member Brock asked if the subdivision regulations which required a certain angle were primarily to deal with problems of sight. Robbins stated that the regulations were two fold. One was sight distance to allow motorist to be able to see down the street. Some streets were not stop or yield streets, motorists would need to be able to see down the streets which had to do with the 60 foot 2% grade. The other 7% grade as well as the 2% grade had to do with bad weather situations, particularly when icy, to allow enough stopping distance. Brock asked if it was Mr. Robbins' opinion that the variance would not create any additional hazard relating to those conditions. Robbins stated that there was some additional hazard created, but having looked at the situation in some detail and applied a number of other standards with the unique conditions, the variance would not create an unsafe condition but he would not say it was 'as safe as' because it was a little steeper grade. 396 City of Denton City Council Agenda July 19, 1994 Page 11 Council Member Smith asked how far into the future was a traffic light at Lillian Miller and Southridge. Robbins stated within two years. Smith stated the Southridge and Lillian Miller was a dangerous corner as is. She asked for an example in the city of a 9% grade perhaps at Nottingham and University. Robbins stated that University and Nottingham was more like 13% or 14%. Locksley and Emerson was steeper than 9%. One that was about 9% was the grade that was leading into a subdivision across from Colorado Courts apartments. The main entrance was about a 9% grade. Council Member Perry questioned if altering the grade would alter drainage pattern. Robbins answered no. Perry stated that it was very pleasant to have something going on that saved trees not only because they were beautiful but because they did a lot of other things. He stated that the more trees that could be preserved the better the city would look. Council Member Miller stated he was pleased to live in a part of Texas where grades were an issue. Brock stated that University Drive and Redwood intersection would probably be eliminated according to the preliminary plans for the widening of U.S. 380 because it was dangerous. Smith questioned what kind of time frame was talked about for the completion of the housing and people moving in. Mr. Allen stated that construction of houses was hoped to begin in the Fall with completion of the first houses in late winter and early spring with people starting to move in March or April of next year. Smith requested that perhaps the houses could be coordinated with the traffic light installation and that project could be moved along. Perry motioned, Brock seconded to grant the variances. On roll vote, Brock "aye", Cott "abstained", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor.Castleberry "aye". Motion carried on a vote of 6 for and 1 abstention. 397 City of Denton City Council Agenda July 19, 1994 Page 12 Council Member Cott rejoined the meeting. C. The Council held a public hearing and considered adoption of an ordinance annexing and temporarily zoning a tract of 79.69 acres located along FM 2164 and extending approximately 3,482 feet north of Bobcat Road. A-65 (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning, stated that this was the sixth time the item had been scheduled at a public meeting for consideration. Final action required six votes of the Council for annexation. The item had an offset for the previous annexation to avoid annexing any structures. There were no structures with the annexation. The Mayor opened public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 94-121 AN ORDINANCE OF THE CITY OF DENTON, TEXAS A_NNEXING 79.69 ACRES OF LAND LOCATED ALONG FM 2164 AND EXTENDING APPROXIMATELY 3,482 FEET NORTH OF BOBCAT ROAD AND INCLUDING 450 FEET ON THE WEST SIDE AND 550 FEET ON THE EAST SIDE OF FM 2164; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING A TEMPORARY AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; PROVIDING FOR A PENALTY IN T~E MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS T~EREOF; 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 Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the regulatory line map so as to include the area located east of FM 2164 in the vicinity of FM 2153 in Division I of the ETJ. (The Planning and Zoning Commission recommended approval 6-0.) 398 City of Denton City Council Agenda July 19, 1994 Page 13 Frank Robbins, Executive Director for Planning, stated that with the last action the city would grow larger and the ETJ would also grow larger. The ordinance under consideration amended the subdivision regulations to apply the subdivision regulations to the hashed areas outlining the city's ETJ. 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. 94-122 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE REGULATORY LINE MAP AS ESTABLISHED BY ORDINANCE NO. 93-033 AND AMENDED BY ORDINANCE NO. 94-039 PURSUANT TO THE AUTHORITY OF SECTION 34-38 OF THE CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Perry 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. E. The Council held a public hearing to consider a preliminary replat of Lots 16-18 of Block C, Timber Oaks Addition, into Lots 16R and 18R, and considered the preliminary plat of Lots 1-7 of Block A, Lots 3-34 of Block B, Lots 1-22 of Block C and Lots 1-13 of Block D of the Crown Oaks Addition. The sites, totaling 24.43 acres, were located north and east of Teasley Lane at Hobson Lane. (The Planning and Zoning Commission recommended approval 6- 0.) Frank Robbins, Executive Director for Planning, stated that this was a replat of small portion of land within an entire proposed subdivision. The area was currently platted as three lots and was being replatted into two lots and a street. The rest of the subdivision had not been platted and was now being platted. A public hearing was required when any part of a subdivision was being replatted. Some of the ~ignificant features associated with the replat were the drainage work which would be a drainage right- of-way rather than a drainage easement in order to ensure that a 399 City of Denton City Council Agenda July 19, 1994 Page 14 land owner would not put an the impediment in the drainage structure. The subdivider had indicated that he would contract with builders in the subdivision for park land dedication. Notice had been made with concerns raised at the Planning and ZoninH Commission concerning drainage in the area. Staff believed that the development had not only taken care of the drainage which would be generated from the development but also because of the drainage improvements would assist with some drainage problems on property due north of the area. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The public hearing closed. Council Member Cott stated that as a result of the Planning and Zoning meeting the drainage problem on the northern side of the area was addressed. The neighborhood had been meeting on that drainage issue. He asked to what degree the decision would affect that drainage problem. Robbins stated that the decision would not negate what the neighborhood wanted to do, particularly at the current juncture, because the engineering plans had not been approved. Conceptually, a preliminary drainage study had been done. The developer was aware of issues associated with lots on the north of the subdivision and had taken that into account in the preliminary study. Cott stated that the neighborhood folks were concerned if it were an open or conduit drainage channel going out into Teasley. Robbins stated that the drainage would go to the drainage ditch at Teasley but was uncertain if it were an open or closed channel. Brock motioned, Smith seconded approval of the preliminary replat. On roll vote, Brock "aye" Cott "aye" Miller "aye" Smith "aye" Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda 400 City of Denton City Council Agenda July 19, 1994 Page 15 Perry motioned, Brock 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. ao Bo Bids and Purchase Orders: 1. Bid #1650 Kings Row Water & Sewer Utility Improvements 2. Bid #1651 - Stonegate 8" Waterline 3. PO #45953 - Darr Equipment Co. 4. RFSP #1644 - Retrospective Conversion Services Plats and Replats Preliminary replat of Lots 1 and 2 of Block 1, Denton Regional Medical Center Addition, plus 12.6 acres of unplatted land into Lots iR and 2o The 48.398 acre site was located northeast of Interstate I35-E and northwest of Mayhill Road. (The Planning and Zoning Commission recommended approval 6-0.) Preliminary plat of Lots 1-10 of Block A and Lots 1-21 of Block B, Deerwood Addition, Phase III. The 12.9 acre site was located north of Kings Row and west of Farris Road. (The Planning and Zoning Commission recommended approval 6-0.) 7. Ordinances The Council considered the following bid ordinances: A. NO. 94-123 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. 401 City of Denton City Council Agenda July 19, 1994 Page 16 B. NO. 94-124 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. C. NO. 94-125 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the bid ordinances. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance rezoning a 17.9335 acre tract located on the east side of Ruddell Street south of the extension of East Hickory Street from single-family dwelling (SF-7) zoning district to Light Industrial-conditioned [LI(c)] zoning district. Z-93-013 (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning, stated that the Planning and Zoning Commission recommended approval of the zoning case with a condition. Since the Planning and Zoning Commission's hearing and recommendation, the staff recommended that the condition in the ordinance, Section 2.b., be deleted from the ordinance. The situation being considered was not common to other situations. Since the City was dealing with another governmental agency of the state, the County of Denton, the City was constrained to the degree which the city could apply development policies and the degree which the City could constrain the use of the land owned by the County. Because of the constraint, it would be unreasonable to deny access to the property. Robbins stated that another situation pointed out at the first public hearing was that the property was owned by County and unlike other development or developers, the County would not go away. The County was politically sensitive and would continue to work with neighbors in the area with respect as to how the development would impact the neighborhood. Because the County owned the property which had access now on McKinney and Woodrow Lane and with the one propo~d intersection at Ruddell, the traffic impact on Ruddell could be lessened by as much as 80% from an SF7 residential development. 4O2 City of Denton City Council Agenda July 19, 1994 Page 17 Ail of an SF7 development would have access on Ruddell. Therefore, staff recommended that the ordinance be approved with the deletion of Section 2.b., the no access provision on Ruddell. Council Member Chew asked Mr. Robbins to explain how there would be 70-80% less traffic. He wanted to know if he was referring to now or if the property was developed as single family units. Robbins stated that traffic could be as much as 80% less comparing the existing zoning to how the County might develop the property. The uncertainty was that Council was not approving an access plan for this sight. It was a straight zoning case except for the very significant constraint on the use for offices and governmental purposes. What the staff did was take scenarios of potential development on the site with some ideas that the County had been working with and where the County actually had access. People from all over County would probably access County facilities from McKinney and Woodrow but not Ruddell. If it were a single family development or another development that did not have access to the east, then they would all have to access from Ruddell. Chew stated that this was a projection of 80% less traffic on Ruddell provided that the area were developed for single family units but did nothing for current traffic on Ruddell. He also stated that in the back up it stated that there would be no improvements on Ruddell or Hickory at this time. Chew questioned what was going to be done at the intersection of Ruddell and Hickory. Robbins stated that he did not know. Chew stated that two cars would have difficulty passing in the area which was why he wanted to know what would be done. He also noted that in the plat, Council approved a curb cut at Ruddell and Hickory for access to the property. ~ Robbins stated that he did not know, but that was not an item being considered. It was a given layout of a driveway access which was not on the agenda to approve, but because it was the County and because the County continued to be involved in the area, the City had an opportunity to continue to work with the County so that the intersection or whatever access would work for the citizens in the area. Chew asked that from July 5 up to now had their been any negotiations or communications with the County to talk about the access off of Ruddell. 4O3 City of Denton City Council Agenda July 19, 1994 Page 18 Robbins stated that after the Planning and Zoning Commission made their recommendation, staff visited with Commissioner Hill and Mike Jones, Public Works Director, to work through some of the conceptual ideas they had in the area. The conceptual plans were not on the Council's agenda, but having seen them and consistent with other activities in the area, that every time the County said they would do something, they had done it. Staff had looked at some general ideas of how the property would be developed. Since then, staff had kept the Commission informed of Council's action. Chew stated that the item was presented as the recommendation of the Planning and Zoning Commission when in reality it was not the recommendation from Planning and Zoning due to the fact that the Council was removing one of their recommendations which was no access off of Ruddell. Robbins stated that was correct. Council Member Perry stated that when he read the back up from the Planning and Zoning Commission meeting, it seemed there was considerable discussion in opposition to the notion of access to Ruddell mainly because of children in that area along Ruddell and construction machinery moving along Ruddell was upsetting. He asked if staff knew whether the County was paying attention to the needs of these County residents. Robbins stated that there had been communication between County Commissioners and folks at the Phoenix apartments for years concerning development of the property. The County was sensitive to the issues raised by the neighborhood. The County had proposed in submissions made to the City with their plat that half of the property would not have access to Ruddell. The County's proposed small maintenance facility on the southern end of the property did not have access to Ruddell street. The County proposed a 100' building setback which related to a concern brought forth at a public hearing. The County had dedicated over 2.7 acres in the flood plain as open space for a drainage easement. The County Commissioners and their staff had continued to work together with the City. Commissioner Don Hill, 907 W. Hickory, stated that he wished to apologize to the City Council for he had attended all of the meetings on the area in question as the liaison for the Commissioners Court to assure communication was developed and he felt there was a communication problem with the Council. The County had very preliminary plans for the last parcel of property that they were rezoning near the current jail property. The County had no concrete plan for development of that property. The County 4O4 City of Denton City Council Agenda July 19, 1994 Page 19 was asking basically to have the property rezoned. They were replatting the property in two phases. The County would be requesting a final plat on back part of the property for vehicle maintenance facility. In rezoning part of the property, the County thought it would be best to rezone the entire property in the process. The vehicle maintenance facility did not require access to Ruddell and access would be gained from McKinney and Woodrow. The facility would not be for large equipment or large trucks but would be used to maintain the sheriff's fleet of automobiles, the operations fleet, and the basic administrative automobile fleet. The rest of the property was being rezoned for future consideration for access off of Ruddell, but the County was uncertain if they would ever want access off Ruddell. The County did want that access available if at some future development of property there was a necessity. The County felt that at the current time the most reasonable place to request the access would be at the intersection of Hickory. As far as Commissioner Hill knew, the only use would be for an entrance to a parking lot for a courts building or whatever other facility was on the site. The preliminary site plan for the property had all of the major access off of McKinney and another off of Woodrow. No major, primary access need was planned, but the County wanted future consideration for access off of Ruddell. One possibility for the property might be a public health facility which would then make access off of Ruddell desirable. Council Member Brock stated that the City was not giving away any secrets to say that the City had very little control over what governmental agencies did with their property. The Council's only hope was to keep up the kind of working relationship that had been cultivated over the months on the particular property. By refusing the zoning change with the last vote, the Council was in effect saying that the property would continue to be single family 7 which sounded very good, but in that case there were no restrictions on what the County would do with the property. With the restrictions stated that the property be limited to public buildings for local, state, and federal government and professional and administrative offices, the City was gaining some control. The City was eliminating the possibility of having a correctional facility across from Phoenix apartments. The following ordinance was considered: 4O5 City of Denton City Council Agenda July 19, 1994 Page 20 NO. 94-126 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FORM SINGLE FAMILY-7 (SF-7) TO LIGHT INDUSTRIAL (LI-c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 17.9335 ACRES OF LAND LOCATED ON THE EAST SIDE OF RUDDELL STREET AT EASY HICKORY; 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 as proposed without the condition that was appended by the Planning and Zoning Commission which would eliminate access at Hickory and Ruddell (Item 2.B.). On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried on a 5-2 vote. E. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement with the City of Denton and the Texas Department of Transportation for acquiring necessary right-of-way for U. S. Highway 380. Rick Svehla, Deputy City Manager, stated that the contract was discussed with Council at their last meeting for beginning activities to acquire right-of-way on University Drive from Loop 288 east to Elm Street or U.S. 77. The City's 10% portion was estimated by TxDOT to be $180,000. Staff suggested using the bond funds which were available from the 1983 issue. Council Member Cott questioned that as the process was started to acquire right-of-way east and eventually west, what was the formula the City would use on buying properties. Svehla stated that the City would be paying for a portion of the right-of-way. The majority of the right-of-way would be paid for by TxDOT. Under the proposed contract, TxDOT would do all the appraisals and have them reviewed, if there were disputes, by a third party appraiser. TxDOT had a strenuous set of guidelines that they went by and followed particularly because of the use of Federal money. The final step would be to go to a condemnation proceeding where a judge appointed a panel of three impartial commissioners which would hear both sides and make an award to each property owner. Cott stated that only because of what he had seen happen with the Corps of Engineers and the City with the Greenbelt purchases that he would remind everyone that these were Denton citizens and neighbors and wanted the City to stay involved in the process. 406 City of Denton City Council Agenda July 19, 1994 Page 21 Council Manager Harrell stated that staff needed some clarification from Council regarding that point. In the case under consideration as with the Corps of Engineers' case, what the City had done was to pay TXDOT 10% of the estimated right-of-way costs. All of the other expenses for acquiring the right-of-way were met by the State of Texas. The City was contracting with TxDOT with approval of the ordinance to do the actual procedures required to acquire the right-of-way as the City had done with the Corps of Engineers. By contract, city government had no official responsibilities contractually to get involved in the negotiations between the Highway Department representative, the Corps representative and the individual property owners. Presently, the City was not involved with the process as far as one-on-one dealing nor did he think the City should be. One person needed to take the leadership role in securing the rights-of-way. That did not mean the City was not involved. As Council instructed, staff would facilitate some neighborhood meetings to make sure everyone understood what was going on concerning the project. If Council wanted staff to get more directly involved with the actual face-to-face negotiations and dealing with property owners regarding land acquisitions on the projects, staff needed to know in order to change contractual responsibilities. Harrell requested direction from the Council. Cott stated that the City projected a warm community. He stated that he would like the City staff to be more directly involved with the negotiations. Once the City sent them off to someone else, these citizens were no longer part of the community. Cott had listened to people who were ripped over the coals over the way the Greenbelt was handled. They had no recourse and no one to talk to. Svehla stated that the procedures were set by law and City would do the same things that TxDOT would do. The approach would be the same. The City would have to have the property appraised. By law the City was required to make the offers. There was a set procedure where the owner was required to answer in so many days. Cott stated that he had no problem with the procedure but at least the people were talking with someone they knew. The Mayor asked if the City undertook acquisition of the right-of- way would the normal procedures be changed. Svehla stated that the procedures would be changed and the city would have to go back to TxDOT in terms of how the contract would be structured. 4O7 City of Denton City Council Agenda July 19, 1994 Page 22 The Mayor stated that this would be the exception rather than the norm and the City would be getting into an area that 99% of cities do not get into. Svehla stated that the Mayor was correct. Council Member Smith stated that she would be very much opposed to the City of Denton engaging in direct contact with the property owners to purchase the right-of-way. She thought the City staff could talk with neighborhood and business owners and explain what was happening thoroughly. She thought it was the City's place then to let TxDOT do their job since it was a State highway. She stated that the City would be ill-equipped to get into TxDOT's procedures. Council Member Perry stated that these were time honored procedures that the Council was talking about and the project was for the common good of a great magnitude. He felt that the City did not need to be involved with the acquisition details. Perry felt that City staff would be involved enough with the citizens. He talked of the residents on Neptune who asked the Council to try and negotiate with TxDOT for the sound wall on Loop 288 late in the project. Mr. Elsom of TxDOT spent hours with the citizens working on that plan and project. Council Member Miller stated that the State of Texas had time honored procedures and was well equipped to do the project. Miller stated that if the property owner was satisfied with the price he got for his land, he would be okay. However, if the property owner was not satisfied with price, it would make no difference who was the entity doing the negotiating. The City had a whole lot of other streets in the City and knowing what speeds up or slows down of projects, the decision to have staff take on the negotiations, would slow down project after project. Council would always be available to talk with concerned citizens. The question was of a practical approach for now and similar futBre projects with state agencies. Council Member Brock stated she was concerned about the additional staff which would be needed. The City had for several years really stretched staff with additional demands and because of budget constraints had not added anyone. The right-of-way acquisition would add a major duty upon the City staff which she did not think the City could afford. The following ordinance was considered: 4O8 City of Denton City Council Agenda July 19, 1994 Page 23 NO. 94-127 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTONAND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR ACQUIRING NECESSARY RIGHTS-OF-WAY FOR A HIGHWAY PROJECT ON U.S. HIGHWAY 380; AUTHORIZING THE EXPENDITURE THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried on a 6-1 vote. F. The Council considered adoption of an ordinance amending the 1993-94 budget of the City of Denton by appropriating the sum of $26,263 from the unobligated fund balance of the General Fund to account number ; and providing for publication. Rick Svehla, Deputy City Manager, stated that the ordinance would allocate some of the unreserved balance to the given account number. The appropriation was for the approved settlement agreement for property at the airport. The action was an unforeseen event in the budget process and additional monies were needed to purchase property as required by Charter. Council Member Cott asked why the City needed this piece of property. Svehla stated that it was part of grant offer originally made by the FAA which included buying three tracts of land. Purchase of two of the tracts had been completed last year. Because of the FAA funding cycles, the City had to close that particular grant. The property was needed before any grant could be received for the extension of the runway. Cott stated that the Council did not know any of the costs and had no idea what it would cost for the land or what it would cost for runway extensions. He questioned that if the City made the investment, what was the City's return. He asked if the City would sell more gasoline and if so how much. He asked what happened if the City did not purchase the land. Cott stated that the City should not buy any piece of property without all the information needed to make the decision. Svehla stated that most of the information was given to Council last Fall. The settlement for purchase of the land was approved by Council in March. The cost was reimbursable to the City in one of two ways. The City would apply for a separate grant to fund 90% 409 City of Denton City Council Agenda July 19, 1994 Page 24 from the FAA or the purchase price could be part of the City's match for the runway extension project. The cost of the extension had been estimated to be $240,000 of which the land, approximately $70,000 worth of engineering design by the City's consultant as well as approximately $15,000 worth of surveying time done by City staff as in-kind services and approximately $5,000 for time spent by the attorney's office. Staff was projecting approximately $140,000 of additional expense for the runway. Staff could not project what that would mean in additional fuel tax revenues or industries at the Airport. Cott stated there were a lot of ways to project the numbers. The money projected to be spent did not include any other items which were needed and Council was unaware of the cost of the items. Cott stated that before the Council spent any of the taxpayers money and put people out of their homes the Council needed to consider what they were doing. The Mayor stated that the City would not put anyone out of their home with the 1,000 foot extension of the runway. Miller stated that the figures had been discussed with Council a number of times for the last two years. Council had charged the Airport Board to do a Master Plan which included zoning issues. The numbers were not pulled out of the air and Council had numerous discussions concerning the financial implication. The following ordinance was considered: NO. 94-128 AN ORDINANCE AMENDING THE 1993-94 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF $26,263 FROM THE UNOBLIGATED FUND BALANCE OF THE GENERAL FUNDTO ACCOUNT NUMBER ; PROVIDING FOR PUBL}CATION; AN DECLARING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye" Motion carried on a 6-1 vote. G. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No. 1 to a contract with Lone Star Gas Company and the cities of Bryan, Greenville and Garland for the transfer of gas. 410 City of Denton City Council Agenda July 19, 1994 Page 25 Bob Nelson, Executive Director for Utilities, stated that the next three items on agenda concerned the natural gas contract with Lone Star Gas. The City had been in negotiations for quite some time. The major thrust of the contract was to reduce the cost of transportation. The City purchased gas on the open market on a bid process to buy on the spot market and the contract provided the transportation at a reduced cost from 23¢ per million BTU to approximately 13¢ per million BTU. Within the contract group was also a plant protection gas contract which allowed the City to keep the boilers at least warm at the times when they were not running. The Public Utilities Board recommended approval. The following ordinance was considered: NO. 94-129 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO A CONTRACT WITH LONE STAR GAS COMPANY AND THE CITIES OF BRYAN, GREENVILLE AND GARLAND FOR THE TRANSFER OF GAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council took a short break. H. The Council considered adoption of an ordinance awarding a contract between the City of Denton and Lone Star Gas Company for the transportation of gas. The following ordinance was considered: NO. 94-130 AN ORDINANCE AWARDING A CONTRACT BETWEEN THE CITY OF DENTON AND LONE STAR GAS COMPANY FOR THE TRANSPORTATION OF GAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye'!, Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye" Motion carried unanimously. 411 City of Denton City Council Agenda July 19, 1994 Page 26 I. The Council considered adoption of an ordinance providing for the purchase of gas from Lone Star Gas Company such purchase being available from only one source in accordance with the provisions of State law exempting such purchases from requirements of competitive bidding. The following ordinance was considered: NO. 94-131 AN ORDINANCE PROVIDING FOR THE PURCHASE OF GAS FROM LONE STAR GAS COMPANY, SUCH PURCHASE BEING AVAILABLE FROM ONLY ONE SOURCE, IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING 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. J. The Council considered adoption of an ordinance amending Section 26-3 through 26-7 of the Code of Ordinances of the City of Denton by establishing requirements for deposits for utility services received from the City. Harlan Jefferson, Director of Treasury Operations, stated that the ordinance increased service to City customers and was also designed to bring the City up to industry standards. The ordinance addressed two areas of revision to current utility deposit procedures. Currently, the City allowed three utility deposit exemptions for residential customers; 1) customers with an acceptable credit rating with the City of Denton utility system or another utility system; 2) an applicant with a co-signer and the co-signer also had an acceptable credit rating; and 3) an applicant with a co-applicant who was a member from another utility system with an acceptable credit rating. The fourth exemption proposed in the ordinance was for an applicant who had an acceptable rating on the Risk Model Assessment. The current ordinance provided no exemption to deposit for commercial customers except if they had been on the City of Denton utility system for 24 months. The proposed ordinance proposed an exemption for deposit for commercial customers who had an excellent credit rating demonstrated through financial documentation. Th~ s~cond major change proposed to allow utility customers for commercial accounts to use surety bonds and 412 City of Denton City Council Agenda July 19, 1994 Page 27 irrevocable letters of credit in lieu of deposit. The Public Utilities Board had reviewed and endorsed the proposed ordinance. The following ordinance was considered: NO. 94-132 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTIONS 26-3 THROUGH 26-7 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ESTABLISHING REQUIREMENTS FOR DEPOSITS FOR UTILITY SERVICES RECEIVED FROM THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered nominations/appointments to City Boards and Commissions. Brock motioned, Chew seconded to approve nominations (see Attachment A). On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Perry nominated Bruce Mitchell to the Data Processing Advisory Board. 9. Vision Update Council Member Brock reported that the Cabinet met with the Chairs of the Impact Groups and made general~ plans which included reactivating community outreach and publicity to improve communication. Brock reported that the Business City Group had three speakers scheduled to talk about various subjects including Scott Joslove discussing the half cent economic development sales tax, a representative of the Dallas Chamber of Commerce to discuss development, and Mike Berry of the Perot Group to discuss development of the Perot property around 1-35W. The Cabinet tentatively adopted three dates in October for reporting from the six impact groups; October 6, 13, and 20 at Ryan High School. At the meetings Impact Groups would present recommendations to the Cabinet and the public with an opportunity for public response. In addition, survey forms would be available in the community to get feedback on the ideas and the Cabinet also planned for a scientific 413 City of Denton City Council Agenda July 19, 1994 Page 28 survey. The Cabinet would take all public input into account and would adopt policies and set priorities accordingly. The Cabinet planned to adopt something with an immediate priority which was inexpensive, attainable and visible to convince community of validity of the project. The program was currently in the last stages of fact finding with some of impact groups further along that others. Council Member Cott requested when would it be appropriate for an updated set of figures on what had been taken in and what had been expended so far and some way of judging staff's time for involvement in the visioning program. City Manager Harrell stated that the cash commitment of $50,000 was made with $25,000 from utilities and $25,000 from the general fund. Harrell stated that he had no way to judge staff time other than to say that staff was committing a significant amount of time. The impact groups, except one, were staffed by senior City staff members with secretarial support and many staff people were making special presentations. Joseph Portugal devoted 60-70% of his time to the project and the Manager spent a significant amount of his time. The City was devoting a very substantial amount of staff time to the project to make it a successful community project. The Mayor stated that the project and staff support was discussed and agreed the time that the City Manager and other staff spent was appropriate. Council Member Miller stated that many meetings were at night and staff was spending their own time as liaisons and as participants. Cott stated that the Council needed to stay focused. Council Member Chew stated that Council spent considerable amount of time discussing the project and committe~ as a Council for staff involvement. He stated that the City was too far into the project to revisit the commitment. Brock mentioned that many cities engaged in visioning projects had added extra staff members and added to their payroll. Bryan College Station hired a full time director. For most staff members, it had been added to their additional work and was not aware of duties that were neglected. Cott stated that he was not criticizing what the Council had decided. He questioned if the Council decided staff could devote 1,000 hour per week and was the City paying overtime. 414 City of Denton City Council Agenda July 19, 1994 Page 29 10. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: The Council continued with Work Session Item #3. 3. The Council received a report regarding an early warning system. City Manager Harrell stated that the item was on the agenda as requested by a Council Member and Council would be briefed regarding the City's early warning system. Chief Cook was present, not as Fire Chief, but as Emergency Management Coordinator. Si Dunn, 1916 Parkside Drive, stated he was a volunteer storm spotter who assisted the National Weather Service Skywarn Program in north Texas. The program had been in existence for approximately 20 years. In the Skywarn Program, the National Weather Service trained FCC licensed amateur radio operators on how to spot cloud formations that spawned tornadoes. When weather threatened an area, volunteers were requested to go out in cars and trucks and drive into approaching weather to keep meteorologists at the National Weather Service informed of developments. The Denton County Amateur Radio Association volunteered as storm spotters because of a strong sense of community service. Public service and emergency communications were also part of the national charter regulated by the FCC. Although the spotters did the best they could, they could not be everywhere. Dunn stated that Monday's article in the Denton Record Chronicle clearly spelled out advantages and disadvantages of an emergency siren system for the City. Dunn stated that it was true that many people would panic and jam the emergency 9-1-1 system. He stated that it was also true that people would object to the noise, inevitable false alarms, and placement of the sirens but would also object if the City were hit by a tornado without any w~rning. He stated that nature was much bigger than any city's warning system. Dunn stated that he favored a siren system but sympathized with arguments against such a system. The Mayor thanked Amateur Radio Association for the tremendous job that they did. Miller asked Mr. Dunn if information the storm spotters passed on to the National Weather Service then got transmitted to the major channels in the north Texas area. Dunn stated that the National Weather Service office in Fort Worth meteorologists and some of the TV weather forecasters were licensed 415 City of Denton City Council Agenda July 19, 1994 Page 30 amateur radio operators. Storm spotters talked directly to them or volunteers at the National Weather Service. Council Member Cott stated that there were times when folks were outside and the siren system could warn of other problems besides weather problems. Brock asked if the City had data on experiences from other cities with siren systems. John Cook, Fire Chief and Emergency Management Coordinator, stated the he did not have scientific valid statistics but could relate experiences from last spring. He stated that he received a significant number of phone calls from the public expressing concern and many of the people who moved into the City were used to having the siren type of system. He stated that from the information he had from the storms in the spring from city's that had systems that they did work and were able to direct people to shelters. He stated that any system was only as good as human element and the maintenance of equipment. He stated it was not uncommon to have false alarms or to have Parts of the system inoperable. Hurst and Lewisville emergency managers were ambivalent in their feelings towards the system because of problems they had. City Manager Harrell stated that in the back up from Richard Foster, Mr. Foster indicated that as part of cable TV franchise agreement with Sammons was the ability to provide some override capability so that in any disaster the City could get information out quickly. The override capability would go in effect shortly after the move to the DMC communication area. Cook stated that the instructions were that the radio club was to notify the 9-1-1 dispatcher so folks on the street would know of the impending danger. Because 9-1-1 was staffed at all times and in constant communication with staff and supervisors, it was the best location to generate the warning. Cook mentioned that channel 39 provided constant radar at home which got updates from the National Weather Service and scrolls were provided on all major networks which helped the hearing impaired. Miller asked if the estimated cost of installation was $480,000 for the cadillac system. Cook stated that was the estimated cost for installation of the cadillac system for ideal operation. He stated that there were some opportunities to do the warning system a little cheaper. 416 City of Denton City Council Agenda July 19, 1994 Page 31 Harrell stated that the history of the storm warning system was that four or five years ago there was an item in the five year Capital Improvement Program for installation of storm warning system. When the new franchise agreement was negotiated with Sammons and a provision in the agreement provided override capabilities for any emergency, Planning & Zoning went through an exercise to examine whether to go ahead with the project and let some other project go. The decision at that time was that the storm warning system was of a lesser priority. The CIP was submitted each year to Council and could be revised and amended to consider a storm warning system. Lloyd Harrell, City Manager, had two items for the Council. He reminded Council of the short meeting Thursday evening scheduled at 6:30 p.m. at Visual Arts Center and the Board and Commission Reception for swearing in of new board and commission members and resolution of appreciation for retiring members. Harrell also reminded Council of the CIP tour scheduled for next Tuesday, July 26, which would leave City Hall at 4:30 p.m. Harrell stated that he wanted to make Council aware that unless Council instructed staff to place on the agenda for the August 2nd meeting procedures which would allow the City Council to increase tax rate more than 3% above the effective tax rate, an increase was not possible. Without the action on August 2nd, Council limited themselves to no more than a 3% increase above the effective rate, but Council still had the flexibility of almost $350,000. 11. Official Action on Executive Session Items: B. C. D. Legal Matters Real Estate Personnel Board Appointments No official action was taken. 12. New Business The following items of New Business were suggested by Council Members for future agendas: Council Member Miller stated that Science Land had an emergency funding situation and requested staff research funding possibilities to discuss at the earliest possible time. 417 City of Denton City Council Agenda July 19, 1994 Page 32 13. A. B. C. Executive Session: Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 There was Executive Session held during the regular session. With no further business, the meeting adjourned at 9:50 p.m. BOB CASTLEBERRY, CITY OF DENTON, BET~ W I ~Z~AMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS ACC001FC 418 ATTAO M NT A BOARD/COMMISSION NOMINATIONS 1994-95 AIRPORT ADVISORY BOARD Dist CURRENT MEMBER NOMINATION *7 *3 *4 *5 John Dulemba Nancy Hundley James Jamieson Jim Risser ANIMAL SHELTER ADVISORY BOARD DIST CURRENT MEMBER John Dulemba Don Smith James Jamieson Jim Risser NOMINATION Joella Orr *2 Mary McKay BOARD OF ADJUSTMENT DIST CURRENT MEMBER NOMINATION *5 Rebecca King *2 Marcia Staff *3 VACANT (ALT) *4 VACANT (ALT) BUILDING CODE BOARD DIST CURRENT MEMBER Rebecca King Larry Collister Bob Hagemann Joe Bendzek NOMINATION *3 James Fykes (ALT) *4 Bob George (ALT) *5 Steve Kniatt *6 Isabel Miller *7 Greg Muirhead James Fykes Bryon Woods Steve Kniatt Mary McCain Greg Muirhead TERM COUNCIL 1992-94 Mayor 1992-94 Perry 1992-94 Cott 1992-94 Miller TERM COUNCIL 1991-94 Smith TERM COUNCIL 1992-94 Miller 1992-94 Smith 1993-95 Perry 1993-95 Cott TERM COUNCIL 1992-94 Perry 1992-94 Cott 1992-94 Miller 1992-94 Brock 1992-94 Mayor * - Individual nominated and approved No * - Individual nominated but not. approved - no nomination 419 COMMUNITY D~vELOPMENT ADVISORY COMMITTEE DIST CURRENT MEMBER *5 Dorothy Martinez *6 Peggy Fox 7 Fred Hill *3 Curtis Ramsey *5 Rey Trejo DAT~ PROCESSING ADVISORY BOARD DIST CURRENT MEMBER *2 Rosa Lawton 3 Robert W. Minnis 4 Brian Scott DOWNTOWN ADVISORY BOARD DIST CURRENT MEMBER *3 *4 *5 *6 *7 Geneva Berg BeBe Olufsen Fred Patterson Barbara Philips Rahna Raney ELECTRICAL CODE BOARD DIST CURRENT MEMBER *3 *4 *1 John Hardinger David Martin Robert Hicks NOMINATION Dorothy Martinez Peggy Fox Jean Ellen Rogers Larry Bailey Ann Hatch NOMINATION Rosa Lawton Renae Seely NOMINATION Geneva Berg Anita Creach Joy Williams Michael Flanagan Rahna Raney NOMINATION John Hardinger Don Fox Robert Hicks .TERM 1992-94 1992-94 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 COUNCIL Miller Brock Mayor Perry Miller COUNCIL Smith Perry Cott COUNCIL Perry Cott Miller Brock Mayor COUNCIL Perry Cott Chew * - Individual nominated and approved No * - Individual nominated but not ~pproved - no nomination 42O HISTORIC LANDMARK COMMISSION DIST CURRENT MEMBER *3 Kenneth Morgan *7 Judy Cole *2 Mary McCain HUMAN SERVICES COMMITTEE DIST CURRENT MEMBER *6 7 *2 *4 Jim Bendzek Lawrence Cochran Terry Garrett Sandy Kristofersen KEEP DENTON BEAUTIFUL BOARD DIST *1 *6 *7 *3 *4 CURRENT MEMBER Dave Boston Gertrude Gibson Betty Kimble Kandice Gandel Bill Watson LIBRARY BOARD DIST *7 *3 *4 CURRENT MEMBER Kjell Johansen Kathy Pole Jean Schaake NOMINATION Kenneth Morgan Judy Cole Jim Kirkpatrick NOMINATION Pat Muro Diana Briggs Kent Miller Sandy Kristofersen NOMINATION Charlye Heggins Luanne Hicks Vera Laney Kandice Gandel Bill Watson NOMINATION Kjell Johansen Kathy Pole Ema Ruth Russell TERM 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 COUNCIL ~ Perry Mayor Smith COUNCIL Brock Mayor Smith Cott COUNCIL Chew Brock Mayor Perry Cott COUNCIL Mayor Perry Cott * - Individual nominated and approved No * - Individual nominated but not approved - no nomination P~RKS ~ RECRF~I'OH BO~RD DIST CURRENT MEMBER *7 Tom Judd *2 Loyce Wilson PLANNING AND ZONING CO~ISSION DIST *3 *5 *6 CURRENT MEMBER Mike Cochran Jim Engelbrecht Katie Flemming PLUMBING AND MECHANICAL CODE BOARD DIST CURRENT MEMBER *5 Millard Heath *6 Lee Capps *1 Jeff Peploe PUBLIC UTILITIES BOARD DIST CURRENT MEMBER *6 Roland Laney SIGN BOARD OF APPEALS DIST CURRENT MEMBER *1 *3 *7 Harry Eaddy Ann Houston (ALT) Mike Wiebe NOMINATION Tom Judd Loyce Wilson NOMINATION Mike Cochran Ellen Schertz Katie Flemming NOMINATION Millard Heath Lee Capps Jeff Peploe NOMINATION George Hopkins NOMINATION Spencer Washington Ann Houston Mike Wiebe TERM 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 TERM 1992-94 1992-94 1992-94 TERM 1990-94 TERM 1992-94 1992-94 1992-94 421 COUNCIL Mayor Smith COUNCIL Perry Miller Brock COUNCIL Miller Brock Chew COUNCIL Brock COUNCIL Chew Perry Mayor * - Individual nominated and approved No * - Individual nominated but not approved - no nomination 422 TRAFFIC SAFETY COMMISSION DIST CURRENT MEMBER *6 VACANT .1 Kathy Devine *2 Eric Jackson *3 George Kay *4 Edna Redmon CIVIL SERVICE COMMISSION SEAT CURRENT MEMBER *3 Charldean Newell DENTON HOUSING AUTHORITY SEAT CURRENT MEMBER 1 Derrell Bulls 2 Rudy Rodriguez TMPA BOARD OF DIRECTORS SEAT CURRENT MEMBER *1 Tom Harpool ACC00128 NOMINATION L. Keith Martin Kathy Devine Eric Jackson Mark Coomes Larry Luce NOMINATION Charldean Newell NOMINATION NOMINATION Tom Harpool TERM 1992-94 1992-94 1992-94 1992-94 1992-94 TERM 1991-94 TERM 1992-94 1992-94 TERM 1992-94 COUNCIL, Brock Chew Smith Perry Cott Harrell Mayor Mayor Council * - Individual nominated and approved No * - Individual nominated but not approved - no nomination