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Minutes August 16, 1994468 CITY OF DENTON CITY COUNCIL MINUTES August 16, 1994 The Council convened into the Executive Session on Tuesday, August 16, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: Mayor Pro Tem Brock 1. The Council convened into the Executive Session to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered claim against GTE for non-payment of franchise fees. 2. Considered claim against Wiltel. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, August 16, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: Mayor Pro Tem Brock 1. The Council received reports and held discussions regarding the following budget presentations: Municipal Services Municipal Services/Economic Development Environmental Services Library Parks and Recreation Facilities Management Linda Ratliff, Economic Development Coordinator, presented the budget for Municipal Services/Economic Development. She stated that Denton continued to make the short list on potential relocations and detailed the economic development activities done during the past year. There were no major changes and no supplemental packages for this budget. There would also be no changes in the economic development program. 469 city of Denton City Council Minutes August 16, 1994 Page 2 Nonie Kull, Environmental Health Services Manager, presented the Environmental Services budget. This budget would remain essentially the same with two proposed supplemental packages. One package was a computer for the office. Currently the office used her personal computer and it was not able to maintain all of the needed information. An overhead projector was also a suggested supplemental package which was requested for their public education programs. All other aspects of the operating budget were the same as last year. Animal Control was asking for a clerical position. City Manager Harrell stated that while this was a new position it was one which had been eliminated several years ago during prior budget difficulties. Eva Poole, Library Director, presented the budget for the Library. The proposed budget included 5 packages. One was the operational and maintenance costs for the new branch library. city Manager Harrell stated that some of these costs would not be annual costs but would start in February. Poole stated that the other packages included 500 new reference books for the new branch library, replacement of nonfiction books, a microfilm reader/printer, and audio books and videos. Council Member Cott asked about the demographics of the two libraries. Poole replied that young mothers with children would probably use the branch facility as it would have a program room. Council Member Miller stated that the Friends of the Library were attempting to raise funds for equipment for the branch library. If the Friends campaign fell short, what would that do to the branch. Poole replied that the Friends had currently raised $35,000 for new shelving for the Library. New books would be transferred to the branch. With the two proposed packages 15,000 volumes of new books could be purchased. If the fund raiser by the Friends was not successful, there was a contingency plan to move equipment from the Emily Fowler Library. Council Member Perry asked about the expansion of the computer capabilities with the universities. Poole replied that they were still in the process of working with the universities. 470 City of Denton City Council Minutes August 16, 1994 Page 3 Rich Dlugas, Director of Parks and Recreation, stated that Parks and Recreation had several proposed supplemental packages for next year. Those included (1) two and a half positions for South Lakes Park, vehicle equipment, maintenance supplies and electric/water for irrigation; (2) maintenance for DMC, Library, medians and electric and water; (3) median beautification included two walk behind mowers and trailers, (4) replacement of a rig of a flail mower for athletic fields; (5) replacement rig for a 3/4 ton pickup; (6) replacement of mowing equipment with would replace two 1985 riding mowers used in cemetery and park mowing; .(7) a mainframe connection which would connect 8 personal computers at the Civic Center to the mainframe system. Council Member Cott suggested considering a different approach to controlling mosquitoes on the baseball fields. He felt there was a need for different types of equipment to control the pests. Dlugas stated that this was handled through the Utility Department. Perhaps staff could go out earlier to try and control the mosquitoes. City Manager Harrell stated that the Utility Department had received a petition to cease any kind of spraying for mosquitoes next year. Mayor Castleberry asked if the median landscaping on University was in the current budget or next year's budget. City Manager Harrell stated that it was not in this year's budget. Dlugas presented the recreation fund budget. It was estimated that there would be a fund balance of $115,581. It was proposed to fund a supplemental request for a 12 passenger van, Civic Center tables and MLK furniture. These would come from the recreational fund balance. Council Member Perry asked what happened if a single parent with children wanted to participate in the programs but was not able to meet the financial commitment. Dlugas replied that the City provided financial assistance for those who needed such assistance. The After School Action Sites also had scholarships available. Council Member Miller asked about the golf range. Dlugas replied that it seemed to be doing well and the individual in charge was very pleased with the program. He presented an 471 City of Denton City Council Minutes August 16, 1994 Page 4 update regarding a convention center. He had visited with Denton County, UNT, the Fair Association, and the Amphitheater Association regarding a joint venture with the city. The Amphitheater Group did not feel they wanted to participate but others were very enthusiastic. Bruce Hennington, Facilities Manager, presented the budget for facilities management. He reviewed the duties of the department which were presented in the proposed budget materials. Packages were ranked by safety and what would be best for the citizens. Fifty four packages were submitted. The first set of packages were reoccurring and included the DMC and City Hall West operations and maintenance packages, the Library South Branch operations and maintenance, two service trucks to be leased, a restoration of utility funding and the opening/closing of City buildings with the security system. The second package dealt with the roof for the Senior Center, the Visual Arts Center, the North Lakes Recreation Center and the Denia Recreation Center. The third set of packages dealt with one time expenditures and included paving at the DMC parking lots, Denia AC/Heat upgrade, and replace/repairing the kennel ceiling at Animal Control. Council Member Cott asked if there were any requests for an outdoor pool at Denia. Hennington replied no. There had been a study done for an indoor pool at North Lakes but was determined to not be feasible at this point in time. Council Member Miller asked about the status of the air conditioning at the Visual Arts Center. Hennington stated that the City's policy was to run the temperature of the buildings between 74-76 degrees. A heat pump unit was used in that area and it would not bring down the temperature for a large group in the facility. The temperature needed to be turned down several hours before an event. Council Member Miller suggested reviewing the policy. Hennington stated that there was no control on the unit. There was a condition in the policy that if requested in writing, the temperature could be lowered. _There were two problems with that procedure. If the citizens were allowed to lower the temperature, it would be hard to control how much the temperature was turned down. The second problem was that if the unit was turned down too much, then other facilities would want their units down and there would not be enough money for utility payments. 472 ' City of Denton City Council Minutes AUgust 16, 1994 Page 5 The Council convened into the Regular Session on Tuesday, August 16, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT: Mayor Pro Tem Brock 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 Planning Session of June 17, 1994 and the Regular Session of June 21, 1994. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for National Homeless Animals Day. Mayor Castleberry presented Yard of the Month Awards to Glenn and Shirley Hulcher, John E. and Virginia Fender, Denton Community Hospital, Dr. and Mrs. Gordon Healey and Texas Woman's University - Physical Plant and Grounds Maintenance. 3. Public Requests A. The Council considered approval of a resolution closing the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6:00 a.m. until 6:00 p.m. on Saturday, September 24, 1994 for "County Seat Saturday". Jane Biles, Main Street Director, stated that this would be the 9th year for County Seat Saturday. The request was to close the streets around the Square for the event. There was one noted opposition to the closure but that individual had access to his property through Austin Street. The following resolution was considered: 473 city of Denton City Council Minutes August 16, 1994 Page 6 NO. R94-038 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF NORTH LOCUST STREET, AND THE 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 24, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered a request from cabin Fever Productions for an exception to the noise ordinance for a film production at the Fairgrounds on September 17-18, 1994. Linda Ratliff, Economic Development Coordinator, stated that Cabin Fever Films was requesting the exception to the noise ordinance in order to film a feature movie on Saturday, September 17 until midnight and Sunday from noon until 10:00 p.m. Those times were the worse case scenarios and the actual event would last approximately 2-3 hours. The exception was needed as they would be using the public address system and there might be the need to reshoot some scenes and do scenes with stunt riders, etc. The film company would be in Denton approximately 10 days which should be an economic advantage for Denton merchants. Council Member Perry asked if the loudspeaker would be used after 10:00 p.m. Ratliff replied that the rodeo event took about 3 hours. After the rodeo event was over, the film company would use stunt actors in conjunction with the actual rodeo. Council Member Perry stated that the film company would be using the new public address system and would not necessarily be broadcasting past the arena. Ratliff replied that there would be no bands. The rodeo production company might have music through the public address system but no band. She had expressed concern to the movie crew regarding the sensitivity of the neighbors and the company had cut back hours from their original request. Miller motioned, Smith seconded to approve the exception. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 474 City of Denton City Council Minutes August 16, 1994 Page 7 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning 0.371 acres located on the north side of Highland Street approximately 62 feet from Carroll Blvd. from 2F (two family) dwelling district to Planned Development District 108. (The Planning and Zoning Commission recommended approval, 7-0.) Z-94-016 Frank Robbins, Executive Director of Planning and Development, stated that this was an extension of the existing offices on Carroll Blvd. There would be a significant amount of vegetation saved with the proposal. The Planning and Zoning Commission recommend approval of the proposal for Council consideration. The Mayor opened the public hearing. Dale Irwin stated that this building would face Carroll Blvd. He was available to answer any Council questions. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-146 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING DISTRICT TO PLANNED DEVELOPMENT 108 (PD108) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.371 ACRE TRACT LOCATED ON THE NORTH SIDE OF HIGHLAND STREET APPROXIMATELY 62 FEET EAST FROM CARROLL BOULEVARD; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to adopt the ordinance. On roll vote, 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 rezoning 0.365 acres located on the north side of Interstate 35E approximately 100 feet west of Loop 288 from Planned Development District 6 to Commercial District. (The Planning and Zoning Commission recommended approval, 7-0.) Z-94-017 475 City of Denton City Council Minutes August 16, 1994 Page 8 Frank Robbins, Executive Director for Planning and Development, stated that this was a recommendation for a change from planned development to straight commercial zoning. The property was located between straight commercial zoning at the present time. A fast food restaurant detailed plan was denied in the past due in part to the traffic patterns. With this change in zoning, that kind of use could be built in the future. If the Council had a problem with that type of zoning, it might consider a condition for zoning on the property such as use only for a one story produce stand. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Council Member smith questioned the parking in the area and where patrons of the produce stand now parked. Robbins stated that some traffic stopped on the access road but most parking was in the area across the drive in the shopping center. Parking had not created a problem to date and the adjacent fast food restaurants did not have a problem with the zoning case. Mayor Castleberry stated that this was a usual pad site for a shopping center. Robbins replied correct. Council Member Miller stated that as these pad sites developed, there would be increased traffic in the area. He felt it was important to encourage commercial development in appropriate areas. The following ordinance was considered: NO. 94-147 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT DISTRICT 6 (PD-6) TO COMMERCIAL DISTRICT (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.365 ACRE TRACT LOCATED ON THE NORTH SIDE OF INTERSTATE HIGHWAY 35E, APPROXIMATELY 100 FEET WEST OF LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 476 City of Denton City Council Minutes August 16, 1994 Page 9 Miller motioned, Chew seconded to adopt the ordinance. On roll vote, 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 rezoning 24.125 acres known as Section 3 and 4 of McDonnell Highlands from a Planned Development zoning district (PD- 98) to a single-family (SF-7) district. The site was located approximately 2,000 feet east of Mayhill Road, on the south side of McKinney Road. (The Planning and Zoning Commission recommended approval 6-0.) Z-94-015 Frank Robbins, Executive Director for Planning and Development, stated that this was a significant downzoning in an old planned development. There was an associated preliminary plat on the Consent Agenda. The Mayor opened the public hearing. Brian Burke, Metroplex Engineering, stated that the project was originally zoned and partially constructed for 124 two family duplex lots. The proposal was a request to downzone to 100 straight single family-7 lots. He felt it was a good change for the property. No one spoke in opposition. The Mayor closed the public hearing. Council Member Perry asked if drainage was included in the proposal. Robbins replied that approval of this zoning would not directly address infrastructure or drainage. The preliminary plat on the Consent Agenda addressed those issues. A preliminary drainage study had been approved and was part of the recommendation from the Planning and Zoning Commission. The following ordinance was considered: NO. 94-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 98 TO ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 24.125 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, ACROSS FROM BILLY RYAN HIGH SCHOOL, AND APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD; PROVIDING FOR 477 City of Denton City Council Minutes August 16, 1994 Page 10 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, 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 Detailed Plan of Planned Development No. 21 to allow for additional duplex structures. The 26.841 acre site, known as Good Samaritan Village, was located at 2500 Hinkle Drive, on the west side of Hinkle Drive south of Headlee Lane. (The Planning and Zoning Commission recommended approval 7-0.) Z- 94-018 Frank Robbins, Executive Director for Planning and Development, stated that this proposal had 10 additional duplexes to be built with the existing duplexes. The 'proposal remained in accordance with the City's proportionate share of intensity and there was much open space in the area. A concern had been expressed about drainage in the area. There were two projects in the CIP plan to deal with the drainage problems in the area. This development would not add a significant amount of runoff and would not pay for any of the improvements. The Mayor opened the public hearing. Fred Connell stated that he was a resident of a current duplex and strongly supported this request of Good Samaritan. The duplexes provided an excellent transition from an individual,s own home to semi-assisted living. He supported the request and asked for Council approval. There was a large waiting list for residents of the duplexes. Richard Garner stated that there was some confusion regarding the number of units to be built. One two-family unit would be built this year. After that duplex was filled, they would possibly proceed with two more units within the next year to two years. There would not be more than 5 units in the next five - six years. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: 478 City of De'nton City Council Minutes August 16, 1994 Page 11 NO. 94-149 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN IN THE ATTACHED DETAIL PLAN FOR 26.841 ACRES OF THE 27.437 ACRES THEREIN DEFINED; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE 84-96; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, 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 requests for variances from Section 34-114(17) and 34-7(c) of the Subdivision and Land Development Regulations, regarding sidewalk construction and variance procedures. The request was made by William C. and Mary Lou Collins, for property known at Lots 3A, 3B, and 3C, Block 4, Wattam Addition, located at the southeast corner of Fannin and Welch Streets. (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning and Development, stated that there were three criteria which should be met before a variance was approved. One criteria was special and particular conditions upon which the request based which related to topography, shape or other unique situations. The Planning and Zoning Commission reviewed the proposal and found that if the sidewalk were built, a substantial retaining wall would have to be built. There was the possibility that several large trees in the area would be destroyed if that were built plus the cost of the retaining wall would be significant. If the subdivision went through the process today, sidewalks would ~not be required. The Planning and Zoning Commission recommended approval. The second variance was one of procedure. With no variance, a preliminary and final replat would have to be filed and given the situation, the Planning and Zoning Commission felt that a variance should also be granted. The Mayor opened the public hearing. Bob Brown stated that across Welch Street and across Fannin Street there were apartment complexes and the two large trees marked the beginning of the single family dwellings. It would take away from th~ beauty of the neighborhood if those two trees were taken out. No one spoke in opposition. 479 City of Denton City Council Minutes August 16, 1994 Page 12 The Mayor closed the public hearing. Chew motioned, Perry seconded to approve the variances. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council held a public hearing and considered adoption of an ordinance repealing Sections 34-1 through 34-98 of Chapter 34 of the Code of ordinances (Subdivision and Land Development) by adopting new Section 34-1 through 34-46; by amending Section 34- 114(17) and repealing Section 34-127; to provide for the approval of minor plats by the Development Review Committee; the granting of variances by the Planning and Zoning Commission and waiver of development exactions by the City Council; denying connection to utility service under certain packages; defining terms; providing procedures for submission and approval of plans and plats; requiring approval of plats and construction plans for public improvements prior to development of land; providing a simplified plat process; adopting guidelines for vacating a plat, replatting, and amending plats; providing for conveyance plats; providing for adoption of coverage under Section 212.041 of the Local Government Code relating to development plats; providing an annexation policy; providing developmental standards in the extraterritorial jurisdiction; providing requirements for public improvements; and providing method to delay sidewalk construction and decreasing the local street intersection separation standards. (The Planning and Zoning Commission recommends approval 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a significant streamlining of the development process and updating how to plat in accordance with State Law. Council reviewed all major portions of ordinance at a work session in July. The Mayor opened the public hearing. Brian Burke, Metroplex Engineering, stated that he fully supported the proposed ordinance. Robert Morris stated that he was concerned about when plats would be required in the ETJ. Some rural areas could have division of property and did not need to plat. He asked for a clarification of when platting was required in the ETJ. Robbins stated that development plats would be required. Before any development was done in the ETJ or inside the city, a plat would need to be recorded. One exception in the proposed ordinance dealt with the division of land with no development and each parcel 480 City of Denton City Council Minutes August 16, 1994 Page 13 was at least 40 acres in size. That type of development would not have to plat. There were also no requirements to plat if the property were divided by will or probate. The Mayor closed the public hearing. Council Member Cott stated that there were frequent appeals to Council for a final plat. The proposed ordinance would streamline that process and the Planning and Zoning Commission would take care of the plat. If a petitioner did not like the vote of the Planning and Zoning Commission, who would hear an appeal. Robbins replied that under the existing ordinance, preliminary plats and some final plats came to Council. In 6 years, none of those plats had been appealed. Final plats were now appealed with the Planning and Zoning Commission and that would be the same with the proposed ordinance. A final appeal was to the District Court. The following ordinance was considered: 94-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING SECTION 34-1 THROUGH 34-98 OF CHAPTER 34 OF THE CODE OF ORDINANCES ("SUBDIVISION AND LAND DEVELOPMENT") BY ADOPTING NEW SECTION 34-1 THROUGH 34-46; BY AMENDING SECTION 34-114, SUBSECTIONS (9) AND (17) AND REPEALING SECTION 34-127 REGARDING THE APPROVAL OF MINOR PLATS BY THE DEVELOPMENT REVIEW COMMITTEE; THE GRANTING OF VARIANCES BY THE PLANNING AND ZONING COMMISSION AND WAIVER OF DEVELOPMENTAL EXACTIONS BY THE CITY COUNCIL; DENYING APPROVAL OF CONNECTION TO UTILITY SERVICES UNTIL APPROPRIATE CERTIFICATES HAVE BEEN OBTAINED;DEFINING TERMS CONTAINED IN THE ORDINANCE; PROVIDING PROCEDURES FOR APPROVAL OF GENERAL DEVELOPMENT AND CONSTRUCTION PLANS AND PRELIMINARY AND FINAL PLATS; REQUIRING~APPROVAL OF PLATS AND CONSTRUCTION PLANS FOR PUBLIC IMPROVEMENTS PRIOR TO DEVELOPMENT OF LAND; PROVIDING A SIMPLIFIED PLAT PROCESS; ADOPTING GUIDELINES FOR VACATING A PLATS, REPLATTING WITHOUT VACATING A PRECEDING PLAT AND AMENDING A PLAT; PROVIDING FOR GOVERNMENT-INITIATED PLAT VACATION; PROVIDING FOR PROCEDURES FOR CONVEYANCE PLATS; PROVIDING FOR ADOPTION OF COVERAGEUNDER TEX. LOC. GOV'T. CODE ANN. 212.041 RELATING TO DEVELOPMENT PLATS; PROVIDINGANANNEXATION POLICY; PROVIDING DEVELOPMENTAL STANDARDS IN THE EXTRATERRITORIAL JURISDICTION; PROVIDING REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS; PROVIDING AN AMENDMENT TO APPENDIX A-7 RELATING TO DISTANCE SPACING BETWEEN INTERSECTING STREETS AND PROVIDING A METHOD TO DELAY SIDEWALK CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; 481 City of Denton City Council Minutes August 16, 1994 Page 14 PROVIDING FOR A MAXIMUM PENALTY OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Cott, , "aye", Miller "aye", Smith "aye", Chew "aye" Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Smith motioned, Perry seconded to approve as the Consent Agenda as presented. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Bids and Purchase Orders: 1. Bid #1652 - Contract Concrete Work B. Plats and Replats Preliminary plat of 100 lots in seven blocks within the McDonnell Highlands Addition, Phases 2 and 3. The 24.125 acre site was located on the south side of McKinney Road across from Billy Ryan High School. (The Planning and Zoning Commission recommended approval 6-0.) Preliminary plat of Lots 2 and 3, Block 1, Good Samaritan Village Addition. The 23.309 acre site was located on the east side of Hinkle Drive, south of Headlee Lane. (The Planning and Zoning Commission recommended approval 7-0.) 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.1. - Bid #1652) The following ordinance was considered: NO. 94-151 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR ~ERVIOE~; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes August 16, 1994 Page 15 Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Cott~ "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance partially vacating a certain public utility and drainage easements recorded in the real property records of Denton County, Texas at Volume 1686, Pages 0852, 0858, and 0860, located in the Southridge Estate Addition (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this abandonment was associated with a preliminary and final plat. The abandonment was in Phase I of the development along Lillian Miller Parkway. The developer would hook up to the existing sewer lines and run the sewer lines through the property on the street. This was an exchange of easements. The following ordinance was considered: NO. 94-152 AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852, 0858, AND 0860; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance prohibiting the parking of vehicles on certain portions of Railroad Avenue and East Hickory Street near the Denton Municipal Complex. (The Traffic Safety Commission recommended approval.) Rick Svehla, Deputy city Manager, stated that on August 2nd, Council had adopted an ordinance dealing with handicapped parking at the Denton Municipal Complex. This was a companion ordinance for three areas of no parking at the Denton Municipal Complex. One area was on Railroad Avenue, one was in front of the Plaza area, and the third was at the entrance to the Police Department. Council Member Perry asked about handicapped access for someone wanting to go to the Police Department. Svehla replied that there were handicapped spaces and a ramp adjacent to the front of the building. 483 City of Denton City Council Minutes August 16, 1994 Page 16 The following ordinance was considered: NO. 94-153 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF RAILROAD AVENUE AND EAST HICKORY STREET NEAR THE DENTON MUNICIPAL COMPLEX; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Chew seconded to adopt the ordinance. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton State School for the operation of a public park. Rich Dlugas, Director of Parks and Recreation, stated that Briercliff Park was an ll acre neighborhood park located on State School Road adjacent to the Denton State School. The City entered into an initial agreement with the Texas Department of Mental Health and Mental Retardation in April 1983 for a 10 year lease. At the time that the lease expired in 1993, the State was reluctant to enter into another long term agreement and extended the lease for one year. That lease expired in the Spring of 1994. The State was now willing to extend the lease another two years while they looked at their other leases of state property. The following ordinance was considered: NO. 94-154 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTEANAGREEMENT BETWEEN THE CITY OF DENTON AND DENTON STATE SCHOOL FOR THE OPERATION OF A PUBLIC PARK; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, 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 amending the schedule of fees £or filing applications for review, approval, grant or lssuance of plats, plans, permits, licenses, certificates, variances or designations required by the Subdivision Rules and 484 City of Denton City Council Minutes August 16, 1994 Page 17 Regulations and Zoning Regulations of the Code of Ordinances; and making this ordinance cumulative. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Executive Director for Planning and Development, stated that this ordinance had been reviewed at an earlier work session. This was a major update in fee structure since 1983. It was amended to enable the charge to relate more to the actual cost. Certain variables had been changed so as to not undercharge or overcharge what it took to review a proposal. Debra Drayovitch stated that the ordinance contained a blank for the effective date. The effective date should be the same as the effective date of the subdivision amendment. She suggested that a motion include that the proposal would be effective on the 30th day of August. The following ordinance was considered: NO. 94-155 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF FEES FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, PERMITS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the ordinance effective the 30th of August. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute Amendment No. 3 to the public transportation contract with the Texas Department of Transportation for funding public transportation. Council Member Chew left the meeting with a potential conflict of interest. Joseph Portugal, Assistant to the City Manager, stated this was the first of two items for funding of public transportation. Approval of this resolution would authorize the City Manager to execute City of Denton City Council Minutes August 16, 1994 Page 18 Amendment No. Three to the public transportation contract with the Texas Department of Transportation. That contract for 1993-94 was $137,462 and the amendment would reduce that amount by approximately $12,203 as the City was not able to meet the local match necessary to purchase vehicles for SPAN operation in this current cycle. The City was asking TxDOT to make the $12,203 available in the 1994-95 contract. The rest of contract had not changed. The following resolution was considered: NO. R94-039 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Miller seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to execute a public transportation contract with the Texas Department of Transportation for funding public transportation. Joseph Portugal, Assistant to City Manager, stated that this resolution would approve the 1994-95. contract. The base total for funding would be $140,415 and would be used to purchase vehicles, replacement of route signs, equipment and planning for transportation meetings. There was a revision to Article 9 regarding insurance. Last year SPAN could purchase the insurance and list the City and TxDOT as additional insurers. The State approved that amendment. The following resolution was considered: NO. R94-040 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Cott "aye", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 486 City of Denton City Council Minutes August 16, 1994 Page 19 Council Member Chew returned to the meeting. C. The Council considered approval of a resolution approving the fiscal year 1995 budget of the Greater Denton Arts Council for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. The following resolution was considered: NO. R94-041 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution approving the fiscal year 1995 budget of the North Texas Fair Association for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. The following resolution was considered: NO. R94-042 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE NORTH TEXAS FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Miller seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered aDDroval of a resolution approving the fiscal year 1995 budget of the Denton Convention and Visitors Bureau for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. The following ordinance was considered: 487 City of Denton City Council Minutes August 16, 1994 Page 20 NO. R94-043 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY CONVENTION AND VISITORS BUREAU OF THE CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered approval of a resolution approving the fiscal year 1995 budget of the Denton County Historical Foundation, Inc. for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. The following resolution was considered: NO. R94-044 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered approval of a resolution approving the fiscal year 1995 budget of the Denton County Historical Museum, Inc. for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. The following resolution was considered: NO. R94-045 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY HISTORICAL MUSEUM, INC. FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye" and Mayor Castleberry "aye" Motion carried unanimously 488 City of Denton City Council Minutes August 16, 1994 Page 21 H. The Council considered approval of a resolution approving the fiscal year 1995 Financial Plan of the DENCO 9-1-1 District. The following resolution was considered: NO. R94-046 A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH & SAFETY CODE SECTION 772.309; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Chew seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. I. The Council considered approval of a resolution approving the 1994-95 budget of the Denton Central Appraisal District. The following resolution was considered: NO. R94-047 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1994- 1995 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council held a discussion and considered adoption of an annexation schedule with regard to a proposal to annex 263 acres located north of Jim Christal and west of Masch Branch Road and another 68 acres located north of Ryan Road and east of Forrestridge Drive. A-66 and A-67 Frank Robbins, Executive Director of Planning and Development, stated that at a previous meeting, Council directed staff to move forward with a schedule to consider annexation of this area. The city had received a development proposal on this tract. The annexation ordinance required 6 votes of the Council to approve the readings of the annexation ordinance. ~ A special meeting would be required for one of the readings. He presented Options A, B or C for Council consideration. Council Member Cott left the meeting. 489 City of Denton City Council Minutes August 16, 1994 Page 22 Council Member Perry suggested Option B and if there would not be a full CouNcil at that meeting, to consider Option C. Perry motioned, Chew seconded to proceed with Option B. On roll vote, Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-0 vote. 9. The Council considered the appointment of Deputy City Secretaries. City Manager Harrell stated that currently Betty Williams was the only individual designated as a Deputy City Secretary. When the City Secretary was absent, a deputy was needed to perform the office duties. He was recommending Veronica Oglesby and Joseph Portugal as deputies. Council Member Cott returned to the meeting. Chew motioned, Miller seconded to approve the appointments. On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. A. The Council received a report, held a discussion and gave staff direction regarding a request from Science Land for Lalor funds. Council Member Miller left the meeting. City Attorney Drayovitch stated that at a prior meeting, Council had instructed staff look at various ways of utilizing hotel tax funds to make a grant to the Science Land Museum and to look at other options for funding. At that meeting, a list of approximately 13 different museums had been distributed indicating their funding sources. Nine of those museums indicated some type of hotel occupancy tax funding. Amarillo was not receiving any hotel occupancy tax funds from their City at this point in time. Their tax was being allocated to the convention center and to the Chamber of Commerce. Austin allocated money through the arts section of the statute. The hotel tax statute provided for up to 15% of the hotel occupancy tax revenues to be spent on encouragement of the arts. The City of Denton had a contract with the Greater Denton Arts Council for that maximum of 15%. The City was not able to use that section of the statute as was currently being allocated. Council Member Miller returned to the meeting. 490 City of Denton City Council Minutes August 16, 1994 Page 23 Drayovitch stated that Fort Worth had an organization which distributed the funds to various organizations. Houston funded a Children's Museum pursuant to a grant by the Houston Cultural Arts Council made with the arts section. The museum in Lubbock did not receive any hotel occupancy tax funds at this time. Five years ago they received money under the tourism section for certain exhibits for the museum. McAllen's museum was funded from their general fund. McKinney had a contract for a parking lot construction which was under the tourism section. New Braunfels referenced the arts section of the statute as did Wichita Falls. Staff had met with representatives of Science Land to determine any possible qualifying expenditures under the historical section of the statute. That section provided that a city may allocate funds for historical museums or historical preservation programs of which science history qualified. Exhibits which would be historical in nature would qualify per the Attorney General's office. Maintenance and operation expenses associated with those exhibits would also qualify. Some cities provided funding through a general fund. Science Land was preparing budget information for Council consideration in the historical and tourism areas. Mayor Castleberry stated that additional figures would be presented to Council for consideration. Drayovitch replied if Council so desired. Council Member Smith suggested that those figures be given to staff to prepare for a future meeting. Council Member Miller felt that he would like to help fund the program until they were self-sufficient. He would like to help them get over this critical period of time. Whether the City used hotel occupancy tax funds or general funds he wanted to help the organization. Mayor Castleberry indicated that he wanted to have the Science Land Board decision regarding the issue. B. The Council received a report, held a discussion and qave ~af£ dir~%ion regarding a resolution petitioning the Texas Alcohol Beverage Commission to enable the Council to consider an ordinance prohibiting the possession of an open container or the public consumption of alcoholic beverages in specified areas of the City. City Manager Harrell stated that this item was designed to give the Council background information on the proposal. Appropriate action if desired by Council was to request staff to develop a resolution City of Denton City Council Minutes August 16, 1994 Page 24 491 formally petitioning the State. Nothing would be decided for a number of months when the formal resolution would be before the Council. Frank Robbins, Executive Director for Planning and Development, stated that this proposal was another tool to deal with the problems associated with drinking in public. Those problems included public intoxication, property damage, disorderly conduct, litter, Vandalism, and assault. In Denton, many of these problems occurred in the Fry Street area. The State law mandated the definition of the area for which authorization could be made to disallow open containers. That area was called a "Central Business District,,. In Denton, that area would include the downtown area, Oak Street and the Fry Street area. The Central Business District had to be at least ninety percent used or zoned for commercial purposes which the proposed area followed. The process involved three steps. The first was for the Council to approval a resolution which petitioned the Texas Alcohol and Beverage Commission for authorization for the Council to consider an ordinance which would ban the possession. The second step was to present the petition to the Board. After approval by the Board, the Council could consider an ordinance banning open containers in the entral Business District with some exceptions for special events~ City Manager Harrell stated that the Texas Municipal League was very active and had taken a strong role in attempting to secu legislative authority for a city to take action. The League s p°siti°n was that a city council should have the right to make t~ determination in what locations, if any, these kinds of ordinances should apply. The legislation was drafted fairly narrowly and if Council approved a resolution, a filing would be made for State approval. The boundaries were not the cleanest and might present a problem. Capt. Gary Matheson of the Denton Police ~Department presented a video regarding the proposal. Between 1992 to date, there were 192 custody arrests for the offense of public intoxication in the Fry Street area which included Avenue A, Fry Street, Hickory.and Oak Streets. Beyond that, other violations included minor in possession and after hours consumption violations. In that same time period, there were 79 custody arrests and 101 citations as a result of activities in the Fry Street area. He presented a video which covered several years of problems on Fry Street. Council Member Cott stated that eight weeks ago the situation presented by Capt. Matheson existed. An ATM was damaged at the Pir~% State Bank as well as a parking meter. At that time the neighborhood businesses decided to do something to try and stop 492 City of Denton City Council Minutes August 16, 1994 Page 25 those types of activities. Various meetings were held with the area businesses, city staff and some Council to look for a solution to open containers, to individuals sleeping on the street, to people urinating in public. A suggestion was made to try and use beautification in the area. Cindy Lou Dampf stated that she was the founder of the Fry Street Berets which was a protection group for businesses and students in the area. They worked with the police department in solving problems in the area. One of the main problems in the area was vandalism of the businesses which had been reduced recently since the meeting with the business owners. Another problem was with youths under the age of 18 on the street and drug dealers from out of town. She had been warned by individuals on the street that if the Council passed an ordinance against open containers, that there would be rioting in the area. She felt that existing rules and ordinances were not being enforced and that there were not enough police in the area. Council Member Cott stated that he did not agree with any of the statements made by Ms. Dampf. The police needed to take care of what was happening in the area. Joe Dodd stated that of the many problems in the area, there were many offenses already on the books. Kids were the problem in the area. An open container law would take adults off the street and more children would be in the area. He favored a teen curfew at age 18. The bicycle cops were great around UNT and their relationships with the students had changed greatly. The primary times for problems were 9:00 p.m. - midnight and he suggested placing foot cops in area during those times. Those officers walking that beat would learn those individuals who might become a potential problem. He suggested that before Council passed an open container ordinance foot patrol officers be tried in the area. Don Lindow felt that the police department was doing a great job in the area. His main concern was regarding beautification of the area. He suggested changing the time for sweeping the street as cars were already parked there by time the sweeper came by. He fel% that the area needed to be kept clean. He asked what was the motivation for the Council to consider this ordinance. There were many homeless adolescents in the area which might be part of the vandalism problem. Mayor Castleberry stated that the Police Chief brought the problem to Council due to the problems in the area. 493 City of Denton City Council Minutes August 16, 1994 Page 26 Lindow stated that there was a concern that the Council would pass issues when individuals were not around to debate the issue with the Council. Council Member Miller stated that he had been asked by the North Texas Daily about this issue. He hoped that the newspaper would take care of the issue regarding the Council and its procedures. Bill Miller felt that there were sufficient laws on the books regarding the problems in the area. More bicycle patrols were needed. When the college students were gone for the summer, the high school students were still in the area. He felt there was a need to make sure there was no seasonal drop off with the patrols in the summer. Many of the problems were due to minors under age in the area. He suggested opening a police store front in a vacant shop. He felt that Fry Street was not in a Central Business district. He asked that if the Fry Street area was included in a central business district, would it be eligible for block grant funds the same as other businesses in the downtown and would fire protection be equal in that area. Council Member Perry asked for the total number of arrests and was a majority of those arrests underage minors. Matheson replied that of the approximately 200 arrests, the biggest majority of those were for minor in possession which could include someone of college age but less than 21. The figures did not include persons 15-17 years of age. The figure was for 18 years old and above. Council Member Perry felt that there was a need to rely on the Police Department with their direct experience when dealing with the situation. Council Member Cott asked that if the application were made for the zone, would it have to be implemented. City Manager Harrell stated that yes that could be done. The first step was to consider a resolution authorizing staff to make application to the Texas Alcohol Beverage Commission for this area. If that were granted by State, then the Council could consider an ordinance which would ban open containers in that specific area. Staff hoped recent initiatives would help the problem on Fry Street. Council Member Miller felt that there was a definite problem on Fry Street but was not sure that an open container ordinance would be the solution. He felt that legal interpretations regarding 494 City of Denton City Council Minutes August 16, 1994 Page 27 Council's options on what they could do might be helpful. If a large part of the problem was underage individuals in the area, a new ordinance would not solve that problem. He supported the idea of getting an interpretation of what would be a downtown area. Council Member Chew felt that an open container ordinance might not be the right way to go. He believed that there were enough laws on the books to help solve the problems. Council Member Smith was opposed to included the Oak Street section in the downtown area. That was a historical district and the residents there had rights. She would not like to see the Square included in the area also. A definition of state law for a central business district was that it was a compact and contiguous geographical area. The Oak Street area was not compact. She felt that the initiatives under way which worked with the businesses owners would help. She was not in favor of asking for a resolution. Mayor Castleberry summarized that the Council wished to have staff return with possibilities of what measures could be taken with the current laws to help elevate some of the problems. Council Member Smith added that the business owners be included in order to find out what was needed and their views on the situation. She felt more information was needed before considering proceeding with any type of ordinance. Consensus of the Council was to proceed with staff investigation of possibilities of measures which could be done regarding the problems in the area. C. The Council received a report, held a discussion and gave staff direction regarding a proposed resolution to the Texas Municipal League regarding the appointment Process to city boards and commissions. Council Member Miller stated that this was not an attempt to change the open meeting law as it served a good purpose for the citizens of the State. There was one provision which had created problems for cities. Until last year, it was legal for a Council to discuss potential members for boards and commissions in executive session as long as the nominations and elections were done in open session. The Attorney General had determined that only if a board or commission were a decision making board were those members considered officers of the City. It was felt that it was unfair to citizens willing to serve the City to have these discussions in open meetings. He was proposing that the Council direct staff to 495 City of Denton City Council Mi~tes August 16, 1994 Page 28 prepare a resolution to forward to the Texas Municipal League asking fOr a technical correction to the open meeting law clarifying this issue and stating that for purposes of discussion for appointments to boards or commissions, the individual under consid~ration could be considered officers of the City and the di ~us ~n be held in executive session. This suggestion was for p~ ~ction of citizens. This would not weaken the open tin~ ~w. ~uncil Member Smith stated that the current interpretation ~ircumvented the open meeting law. Council Member Chew agreed that the Council should consider this resolution. He felt that this was an error in interpretation of the current law. Council Member Perry felt that the Council was much freer with the <~rent system, it took less time and was performed in the open ~.~ch he liked. He had an equal opportunity in the selection of members to the board/commissions. Council Member Miller stated that the Council could use the same system but do the discussions in closed session. The procedure would stay the same but the discussions would be in closed session and the nominations in open session. Council Member Cott stated that he did not like anything which would close open records. Miller motioned, Chew seconded to direct staff to prepare a resolution for Council consideration to forward to the Texas Municipal League. On roll vote, Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-2 vote. D. The Council received a report, hc~i~ - discussion and gave staff direction regarding the formation o?' ue Ribbon Committee to study the issue of fire protection in =ne downtown area. Council Member Miller stated that this was a request for Council to consider the formation of a committee to study the issue of fire protection in the downtown area and to present recommendations for Council consideration. He was not indicating that it was a wrong decision to close Central Station. He suggested having a review all aspects of the issue. Council Member Smith suggested that with most of the possibilities for various uses of the fire facilities and various station 496 City of Denton City Council Minutes August 16, 1994 Page 29 location, the Fire Chief and staff had worked to recognize the potentials for locations of stations and response times based on the standards and accepted requirements. Council made the decision to close Station One based on the reports presented to Council by the professionals based on their understanding of the requirements for fire protection. The City's fire department was dedicated to the protection for all of the citizens of Denton. The Department was not a volunteer department run by non-professionals. The Council agreed unanimously at the June 17th meeting to take actions. One was to ask for reports on possible solutions ~ had not been presented as of yet. There was to be a repot optional ways to help install sprinklers on the square. She that there was not a need for a task force at this point in ti~ much as a need for completion of June 17 meeting. Once comple and that information reviewed, the Council might decide to t- some other action. Sprinklers were needed in other areas as as the Square. Once the Council received the information and if bond issue was needed, a task force might be needed. Council Member Perry agreed with Council Member Smith. Council Member Cott agreed with Council Member Miller as there was a perception of inadequacy on the Square. A study would help solve the issue. Miller stated that the feeling of the downtown business owners was that the decision to close Station One was not done in open forum. Most of those decisions were done during the budget process in the Civil Defense Room and when it came for a final decision, there was little or no discussion. Council depended on the Fire Chief and staff for information and any study would also use that input. His understanding was the decision came from the Council and not from the Fire Administration. The Council did not know if the citizens would be willing to pay for more fire protection at a higher cost. He felt there was a credibility issue and an issue of individuals not being sure of how the process was done. Nothing was done in close session but was in open session during the budget hearings. Council Member Chew stated that the Council held a number of meetings to discuss the issue. The issue was very well covered in the newspaper and on the radio. The downtown people were aware of what was happening. He was on the Council at that time and Council Member Hopkins made the motion and he seconded the motion to close Station One. He felt it was good decision at that time and still felt so. He agreed with Council Member Smith to look at all areas of the oo~munity for fire safety. There were a number of areas of the community which did not have coverage. Even now, the response time was within the allocated number of minutes to meet the City's 497 City of Denton City Council !~ nutes August 16, 1994 Page 30 key rate. He also agreed with Council Member Smith that the Council needed to proceed with the directions given at the June 17th meeting. He felt that if the downtown were to be secured, sprinklers needed to be installed. Art Seeley Jr. stated that there were citizens in the community who were interested in fire protection and in a way to hire more fire fighters. He asked the Council to be willing to explore different options in regards to hiring more fire fighters and to reopening the Central Fire Station. Council Member Perry stated that he was on the Council when the decision was made to close Station One. He stated that everything which the Council considered was properly done and never anything done which the general public did not have access to. Council Member Miller stated that he was presenting the perception of the downtown area and was not saying it was correct. He felt there was a need to look at the whole city. Fire protection was not limited to equipment only but included sprinklers, fire detectors, etc. This was not a proposal for opening Station One but have a task force to look at the whole issue. Council Member Smith felt that the issue might come to a point where a task force was needed. She preferred at this point in time, to hear what staff would suggest and follow what the Council decided to do on June 17th. Mayor Castleberry stated that he was also a member of the Council when the decision was made to close Station One. He did not feel a task force was needed as the Council was elected to make decisions. A decision was made on the issue and the opticom system was being installed in more intersections which would reduce response time. He was anxious to get the staff reports and to push for sprinkler systems in the buildings. Council Member Cott felt that the downtown area was the true center of the City and the first entrance of the City. If it were destroyed, there was no other place in Denton which could so hurt the economy of City. He felt that Council Member Miller was correct on this issue. Council Member Miller stated that he was not suggesting that the task force would make any decisions or that any decision that a prior Council made was incorrect. He felt that now was the time to reconsider that decision and now was a good time for a citizen task force to assist with the process. 498 City of Denton City Council Minutes August 16, 1994 Page 31 Council Member Smith stated that the Denton Record-Chronicle had published-an editorial endorsing the action the Council decided. Mayor Castleberry agreed that that had been done. Council Member Smith stated that the Council's action was well known in the community and reported accurately. Miller motioned, Cott seconded to direct staff to prepare a resolution to establish a citizens task force to review fire protection in the entire downtown area. On roll vote, Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-4 vote. 11. There was no official action taken on the Executive Session items discussed during the Work Session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller asked that staff prepare information on the Corbin Road situation regarding the low water crossing and any options available. 13. The Executive Session was not held during the Regular Session. With no further business, the meeting was adjourned at 10:15 p.m. NNI F~ WALTERS TY ~RETARY CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAY~R ~ CITY OF DENTON, TEX~S / ACC00204