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Minutes August 2, 1994CITY OF DENTON CITY COUNCIL MINUTES August 2, 1994 The Council convened into the Executive Session on Tuesday, August 2, 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 discussed the following in Executive Session: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered a claim against Wiltel, Inc. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 The Council convened into the Work Session on Tuesday, August 2, 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 received a presentation and held a discussion regarding a hotel/motel tax recipients budget by the Denton Convention and Visitors Bureau. George Highfill, Chairman-Denton Convention and Visitors Bureau Advisory Board, stated that the Bureau had forwarded to Council their 1993 goals and results, and the 1994 proposed budget and audit report. He was available to answer any questions which the Council might have regarding those documents. The proposed budget was $284,538 which was an increase over last year. The 1993-94 budget included $187,000 from the occupancy tax and $46,000 from the reserves. That money had not been used and was available to be used for the next year. Total reserves were approximately $97,000 and it was proposed to use approximately $90,000 for an aggressive advertising campaign for the City. Mayor Castleberry asked for a highlight on the Chamber's new sign program and the tourist bureau. Highfill noted the location of the highway signs and the messages which they reDresented. A Visitors Information Center was opened this year at Exposition Mills and volunteers were used in the Center to assist with giving out information. 427 428 City of Denton City Council Minutes August 2, 1994 Page 2 Joann Ballentine, Executive Director-Denton Convention and Visitors Bureau, stated that an agreement had been worked out with the Texas Department of Transportation to have signs erected to direct individuals to the Visitors Center. The Visitors Center was popular with residents and with guests. Council Member Smith asked about a visitor center at the Golden Triangle Mall area. Ballentine replied that they were working on a center at the Mall area. City Manager Harrell expressed a concern about using $90,000 of the reserve to fund the operating budget. Would that money be used for one time expenditures which would not reoccur the following fiscal year. If they were on-going, how would that shortfall be made up the following year. Highfill replied that the intention was that the efforts in advertising would generate more visitor traffic for the hotels and motels. Those efforts would increase their budget in a like amount. If not, they would decrease their budget. City Manager Harrell stated that the Chamber could scale down without too much effort. Highfill replied yes because they would be doing contract labor. 2. The Council held a briefing on the scope of the City/Chamber of Commerce Competitive Analysis Study and related contract and gave staff direction. Richard Hayes, President - Chamber of Commerce, stated that several meetings had been held to review the suggestions presented by Council regarding the contract. The thrust of the study would be what could be done for economic development now. It focused on not what could be reinvented but what could be done now. The time line for the study was to have a mailing to companies the following day with proposals returned by the 14th of August. Interviews would be held in several weeks with the companies who responded with a hiring date of September 1. He reviewed the scope of services and questions which would be addressed in the study. A committee of four individuals from the City and four from the Chamber would review the responses to the proposals by the companies. Council Member Perry suggested that an additional question to consider would be what could be done to attain standards in air quality. City of Denton City Council Minutes August 2, 1994 Page 3 Hayes replied that when location factors were addressed that would be included. Council Member Cott suggested that the questions be changed by professional marketing people who knew that the questions would be correct. Perry motioned, Smith seconded to proceed with the project. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council received a report and held a discussion concerning receipt of hotel/motel tax funds by Science Land of Denton and gave staff direction. City Manager Harrell indicated that staff had presented a detailed summary at the Council's last meeting regarding this request. Council had requested that the item be placed on the next agenda for staff direction. Mayor Castleberry asked if Science Land was eligible for Lalor funds. Debra Drayovitch, City Attorney, stated that she had had a conversation with the head of the Municipal Affairs section of the Attorney General's office who indicated that it appeared that the expenditure of hotel occupancy tax funds to a museum such as Science Land in a mall would not qualify under the Act. The question to the Attorney General's Office centered around expenditures of payment for utilities and salaries. She had had a discussion with Dalton Gregory regarding the information from the Attorney General's office and the expenditures which were allowed under the State statute. One of those expenditures was solicitation of visitors to the municipality Or its vicinity. They specifically talked about advertising in periodicals and billboards which would attract visitors to the City of Denton. They also discussed whether it would make a difference if the museum were housed in a historical building. Dalton Gregory presented Council with information regarding a visitor survey done at the museum which indicated where the visitors were from and whether they were there to strictly visit the museum. They also conducted a survey of other cities with museums to determine how those museums were funded. The cities in the ~urvey with similar museums which were not funded through hotel/motel dollars were being funded through general fund dollars. City of Denton City Council Minutes August 2, 1994 Page 4 Council Member Cott stated that in March 1995 this organization could apply for funds from the hotel/motel dollars. Mayor Castleberry stated that they could apply but that the current interpretation was that they would not qualify for the funds. Council Member Cott asked how the City could help the organization. Gregory stated that they needed dollars for advertising as they needed to promote their museum. The most pressing problem was the need for dollars to keep the utilities on and to keep the doors open. Council Member Cott stated that first the organization needed help with its utilities and second it wanted a chance at some of the Lalor funds. Those funds were 100% taken and this request might cause a "fight" for any future funds. Gregory replied that they did not want to get into a fight over the funding. His concern was that currently 8.52% was designated as a reserve. He understood that part of the reserve was already earmarked for replacement of the Civic Center roof but even after that expense there would be some money left over. He was not particular where the money came from but that they were in a situation were funds were necessary. Council Member Miller stated that the City had $20,000 in reserve. The museum was in need of approximately $1000 per month for 7 months. He suggested that staff investigate why the museum would not qualify for the funding. Without committing future obligations, he would like to help the organization survive. He proposed to have Legal review the research materials received and place on another work session for discussion. He would like to help Science Land survive the next months though creative financing. Mayor Castleberry suggested increasing the admission price. Gregory replied that they would be considering that issue but that it was not a great way to generate revenue as it was necessary to consider what market would bear. Mayor Castleberry expressed a concern that the City might be starting a practice for which there might not be enough money to handle all the requests. City Attorney Drayovitch stated that up to 15% of the money a city received from hotel/motel occupancy tax funds may be appropriated City of Denton City Council Minutes August 2, 1994 Page 5 for the arts. The statute relating to museums deal with historical museums. Miller motioned, Smith seconded to direct staff to research the issue to determine if science Land could use Lalor funds and to see if there was a way the City could fund the project at $1,000 per month until March of next year. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council considered amendments to the City Council Rules of Procedure. City Attorney Drayovitch stated that a copy of the rules which had been amended to reflect the items discussed at the Council's annual planning session had been included in the agenda packet. References to "him" in the rules had been changed to "him/her" or "he/she" were applicable. The proposed amendment for Article 4.3 which governed work session meetings clarified procedures for citizen participation at those work sessions. It provided that notice would be given to citizens of the input which would be permissible and that if the Mayor invited citizens to participate, the participation would cease when the Mayor closed the session to public input to allow the Council to give staff direction for future meetings without distracting comments from the audience. Council Member Miller stated that that would be explained at the beginning of each work session. City Attorney Drayovitch stated that the intent was that there would be a printed notice on the agenda and the Mayor would read that at the beginning of the work session. Article 4.7 was a change necessary to comply with the Open Meetings Act for subcommittee meetings. The Council already followed such procedure and this would put that practice in writing. Article 6.1 dealt with placement of items on the agenda. There had been some confusion in the past regarding the method of placement on the agenda by council members. The new language provided that a council member may place an emergency item on an agenda if it was approved by two members of the agenda committee. The remainder of the item for placement on the agenda was in Article 6.3 which provided that any council member may suggest an item for discussion at the next work session. The City Manager or City staff would respond preliminarily on this item at that work session and if Council directed that staff provide a more detailed review the Council would give direction to the City Manager accordingly. Article 7.9 was a clarification of a long standing practice of when a council member abstained from a vote because of a conflict of City of Denton City Council Minutes August 2, 1994 Page 6 interest, the member shall leave the Council Chambers. Article 7.11 governed reconsideration. Currently a motion for reconsideration may be made by someone who voted with the majority and this would be changed to reflect that a motion for reconsideration may be made by a member who voted with the prevailing side which was in accordance with Roberts Rules of Order. Reconsideration or reintroduction of an item allowed for reintroduction of an item six months after it had been acted on unless the rules were suspended. Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, August 2, 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. Citizen Reports A. The Council received a citizen report from Don Wheeler regarding commercial vehicle traffic on residential streets. Nolan Craven stated that Mr. Wheeler was not able to attend the meeting. There were City ordinances which governed commercial vehicular traffic on residential streets but in many cases those ordinances were not being strictly enforced. Mr. Wheeler had submitted a report to Jerry Clark, the City Engineer. This report outlined various items which needed to be incorporated into a new city ordinance. He asked Council to consider Mr. Wheeler's request. Mayor Castleberry stated that copies of Mr. Wheeler's letter would be given to Council. Three years ago the Council worked on an ordinance dealing with commercial vehicles on properties. Mr. Wheeler's letter would be distributed and staff would be asked to study it for existing ordinances. City of Denton city Council Minutes August 2, 1994 Page 7 3. Citizen Requests A. The Council considered a request for an exception from the noise ordinance for the North Texas State Fair and Rodeo, August 19 - 28, 1994, at the North Texas Fairgrounds. Joseph Portugal, Assistant to the City Manager, stated that James Roden had requested an exception for the North Texas State Fair and Rodeo from August 19-28. The exception was requested for August 22-25 until 11:00 p.m.; August 19, 20, 26, and 27 until midnight; August 21 from 1:00 p.m. to 11:00 p.m and August 28 from 8:00 a.m. to 4:00 p.m. These dates were approximately the same as what was approved last year. Last year, residents of the area had asked for a temporary no parking zone during the event which was approved by Council. This year, staff initiated the procedure for the temporary no parking zone. The Traffic Safety Commission approved the request last evening and this item was on the agenda for later Council consideration. Council Member Chew asked about church services in area on Sunday with an exception from 8:00 a.m. to 4:00 p.m. Bob Powers, Fair Association, stated that on Sunday the only event was the dairy goat show with no music. Council Member Chew asked about the first Sunday when the exception was for 1:00 p.m. to 11:00 p.m. Powers stated that bands would be performing during the evening but not during the day. There had never been a problem with the churches in the past. Council Member Chew stated that there had been some opposition from the area pastors in the past. Belinda Martin expressed concern for the variance exception. She had three small children and the noise from the Fair and other events held at the Fairgrounds had affected her family and woke up her children. Several~ events had occurred at the Fairgrounds without any exceptions granted for some of the events. The Fair would take place during the second week of school. There were also on-going problems as trash, loitering in the neighborhoods, and trespassing on private property. Council Member Perry asked about loud music without a variance. Powers stated that one event took place without a variance. The individuals with the event thought that they did not need a City of Denton City Council Minutes August 2, 1994 Page 8 variance as it came with the rental of the grounds. They were told that that was incorrect. He felt that perhaps they would have to put into their contract that a noise variance was the responsibility of the renter of the grounds. Council Member Perry asked if Powers was aware of an event without a variance. Powers stated that he was aware of only one event. The Fair respected the neighborhood. As soon as the bands started at the Fair, he drove the area streets in his car to check the noise levels. He stood outside his vehicle to determine the noise level a~d if it was too loud, he went back and had the volume reduced. He did that every hour during the performance of the bands. Cott motioned, Miller seconded to grant the variance. Council Member Perry felt that events at the Fairgrounds impacted and impinged the neighborhoods. He knew that the event could take place without loud music, etc. Mayor Pro Tem Brock stated that she received calls last year from area residents regarding the noise. The volume at the entrance to the Fairgrounds might not be too bad but further away the volume would be much louder. Mayor Castleberry stated that he also drove the streets during the Fair and felt that this event was similar to other events in Denton such as the Arts Festival and Cinco de Mayo which all had loud noises. Council Member Miller stated that the Council granted variances for many other events similar to the Fair. He respected the concerns of Ms. Martin. Another area resident had expressed to him that the noise level was acceptable. This individual had expressed concern regarding the past behavior of persons going to and from the Fair. Those behaviors had improved during the years with increased police participation and Fair official participation. The Fair had changed its Dublic address system and had tried to work with th~ neighborhood. Mayor Pro Tem Brock stated that while the Council granted variances for the Arts Festival it was only a once a year event plus it ended at 8:00 p.m. and not late at night. She was concerned about the ending time of 11:00 p.m. on a Sunday nigh~ a~ ~h~ b~ginning of the school year. The Fair could function if it closed at 9:00 p.m. instead of 11:00 p.m. City of Denton City Council Minutes August 2, 1994 Page 9 Council Member Perry stated that it was automatically assumed that the granting of a variance was a license to exceed the bounds of what was responsible. He agreed that the Monday through Thursday times could be moved back without any damage to the Fair. Council Member Smith stated that the proposed closing time for August 22-25 was 11:00 p.m. each night which was all during school. She felt it was hard for children to go to school if they were up until 11:00 p.m. She also wondered whether the area became quiet after 11:00 p.m. as people were still leaving and moving out of the Fairgrounds. Powers replied that there was some noise but once the band stopped, most individuals were out of the Fairgrounds after 10-15 minutes. There probably was some noise but not much. The Fair officials drove the streets at least once an hour to determine the noise level. Mayor Castleberry stated that he lived close to the Arts Festival and when it was on, he could hear it as though he was at the event. He knew that this was an annual event and he could tolerate it during that day. Other residents on Denison Street had indicated that they were in favor of the Fair. Council Member Cott asked for the penalty for a violation of the variance. City Attorney Drayovitch stated that a violation of the noise ordinance was a Class C misdemeanor with a fine from $10-$500 plus associated court costs. Council Member Cott stated that he was willing to withdraw his motion if the Fair Association would reconsider the proposed hours. Mayor Castleberry felt that the time frame was too short to consider it at the next Council meeting. On roll vote, Brock "nay", Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion failed with a 4-3 vote. Mayor Castleberry asked how the vote would affect the Fair. Powers stated that they would have to cancel part of the Fair contracts with the bands. They had had the variance for several years and assumed that they would have been granted it again this year. On that basis, they went ahead and contracted with the bands and the entertainment. City of Denton City Council Minutes August 2, 1994 Page 10 Council Member Smith stated that the Council and the Fair Association had this same discussion last year, had talked about the fact that the bands were already hired and on that basis approved the variance. That did not seem to influence the planning of this year's function and that the Council preferred to not have the event go so late during school nights. Powers agreed that they had discussed the issue and assumed that the variance would be approved this year, especially since it had not been discussed any time during the year. They had proceeded as they had done in the past. They always watch the noise during the Fair. He requested that the Council grant the exception this year and as soon as the Fair was over, they would meet with staff and the neighbors to work out the issues. Council Member Miller suggested that a requirement be made that an organization appear before Council a certain number of months prior to an event to work out all details. Up until three years ago the Fair did not receive a variance and he urged the Council to reconsider the request for this year and lay the ground rules for the following years. Council Member Perry stated that the back-up materials indicated that at the same time last year, he had specifically requested the Fair to look far ahead to this occasion and try to make plans more in line with neighborhood. He had also tried to set up a mediator to work through the details. He had been told that the Fair Association was not interested in any kind of mediation. Powers stated that last year the Fair spent $5000 on a sound system to help with the noise of the rodeo. If the Council approved the variance for this year, as soon as possible after the Fair they would meet with the City to deal with the issues for the following year. Mayor Castleberry stated that many volunteers worked with the Fair and they had to ask for a variance each year. He was sorry the Fair had to go through this every year. He appreciated all the Fair did and felt it was sad that they had to come each time for this variance. The vote had been taken unless someone asked for a reconsideration. 4. Public Hearings A. The Council held a public hearing and considered the rezoning of a 79.93 acre tract located on Hickory Creek Road at Montecito Drive from Planned Development 112 to One Family Dwelling District (SF-7). (The Planning and Zoning Commission recommended City of Denton City Council Minutes August 2, 1994 Page 11 approval, 6-0). Frank Robbins, Executive Director for Planning and Development, stated that this was a downzoning from the original zoning on the property. There was an associated preliminary plat on the Consent Agenda. If there was a problem with the zoning, the plat should not be considered. Sixty feet of right-of-way was being dedicated on the center line of Hickory Creek Road which was the proposed location of Loop 288 plus a fifty foot main building set back line as part of the plat. The Mayor opened the public hearing. Fred Gossett stated that he would respond to any Council questions. Council Member Perry asked about drainage in the development. Gossett stated that the drainage was to the pond area to Fletcher Creek. Fletcher Creek would become a flood way and the engineers did not anticipate any great amount of flood water. In the future they would like to clean up the drainage area for a walkway. No one spoke in opposition. The Mayor closed the public hearing. Council Member Miller stated that the City had a policy that it would not accept less than 5 acres for a park. Robbins replied correct. This particular site would be difficult to add facilities on it as it had a pond. Council Member Miller asked if 3.6 acres would serve this area. Was it possible to look at an exception rather than turn down the offer. Robbins replied that it was not a fast rule and if the developer proposed the site, it would be a separate decision regarding the proposal. Council Member Miller wanted to make sure that it was part of the discussion to not automatically turn down the offer because it was smaller than five acres. Gossett stated that there were some very significant trees in the area of the pond and housing would never be on that area and the trees would not be disturbed. He had a very positive experience working with the City and appreciated the work of the staff. City of Denton City Council Minutes August 2, 1994 Page 12 The following ordinance was considered: NO. 94-134 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 112 TO ONE FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 79.93 ACRES OF LAND LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD AT MONTECITO DRIVE; 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, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Brock motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Bo Ce Bids and Purchase Orders: 1. Bid #1645 - 2. Bid #1648 - 3. RFSP #1640 - Certification Testing of CEMS on Steam Generators Cracked Sealant Computerized Fuel Management System Plats Considered approval of the preliminary plat of The Oaks of Montecito. The 79.93 acre tract was located on Hickory Creek Road at Montecito Drive. (The Planning and Zoning Commission recommended approval, 6-0.) Tax Refunds Considered approval of a tax refund for Billy J. Mosley/Colonial Savings in the amount of $1,038.81. City of Denton City Council Minutes August 2, 1994 Page 13 6. Ordinances The Council considered the Consent Agenda ordinances A. and B. A. NO. 94.135 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMEN~i, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid #1645 and 5.A.2. - Bid #1648) NO. 94-136 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. (5.A.3. -'RFSP #1640) Brock motioned, Smith seconded to adopt the ordinances for the Consent Agenda. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor CastleDerry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the City Manager to execute an amended agreement with the Denton Chamber of Commerce to expand the scope to include coordination of special studies, research and analysis. Linda Ratliff, Economic Development Coordinator, stated the proposed ordinance provided for an amendment to the economic development agreement. The amendment added an item which charged the Chamber with the duty to conduct a marketing study as agreed upon by the City and the Chamber. This would allow the Chamber to enter into a contract with a consultant to perform the competitive analysis study. It also provided that the amount would not exceed $25,000 to reimburse the Chamber one-half of the cost. The following ordinance was considered: NO. 94-137 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PURPOSE OF PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC City of Denton City Council Minutes August 2, 1994 Page 14 DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing a compromise settlement agreement in Brown v. City. The following ordinance was considered: NO. 94-138 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE AND SETTLEMENT RELEASE OF ALL CLAIMS IN THE MATTER OF W. LAMONT BROWN AND ANNE BROWN V. JAMES DARRELL MAYSE AND CITY OF DENTON, TEXAS; AND DECLARING 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 considered adoption of an ordinance accepting the dedication from N.W. Realty, Inc., approximately 0.569 acres of land needed for street and utility purposes in conjunction with the extension of Morse Street. (Planning and Zoning Commission recommended approval, 5-0.) Frank Robbins, Executive Director for Planning and Development, stated that when the plat was approved, the driveway and street were off-site and not part of the plat. In order for the development to continue access to Woodrow, the property must be dedicated to the City. The following ordinance was considered: NO. 94-139 AN ORDINANCE ACCEPTING THE DEDICATION FROM N.W. REALTY, INC., OF APPROXIMATELY 0.569 ACRES OF LAND, SITUATED IN THE M. AUSTIN SURVEY, NEEDED FOR STREET AND UTILITY PURPOSES IN CONJUNCTION WITH THE EXTENSION OF MORSE STREET, AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes August 2, 1994 Page 15 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. F. The Council considered adoption of an ordinance vacating a certain public utility and drainage easement recorded in volume 2865, page 0152 of the real property records of Denton County, Texas for the proposed East Oaks Phase II located east of Audra Lane. (The Planning and Zoning Commission recommended approval, 6- 0.) Frank Robbins, Executive Director for Planning and Development, stated that this was a vacation associated with a subdivision. Oak Valley was now a dedicated street so that the drainage had be to dealt with as part of the street construction. The northern easement was being replaced with a similar easement. The following ordinance was considered: NO. 94-140 AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENT RECORDED IN VOLUME 2865, PAGE 0152 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance temporarily prohibiting the parking of vehicles on both sides of Carroll Boulevard from its intersection with Fain Street to its intersection with Headlee Street, portions of Denison Street, portions of Bolivar Street, a portion of Ross Street, a portion of Strata Drive, and a portion of Fain Street, said streets being located around the North Texas State Fairground, during the annual North Texas State Fair and Rodeo to be held from August 19, 1994 through August 28, 1994. City Manager Harrell stated that staff had recommended approval of this no parking zone and it had been endorsed by the Traffic Safety Commission last evening. Council Member Miller asked if the Fair was still requesting this issue. City of Denton City Council Minutes August 2, 1994 Page 16 City Manager Harrell stated that the request had not originated with the Fair Association. It originated last year from the neighbors and this year, staff brought the issue to the Traffic Safety Commission. Council Member Perry felt that the parking restriction was very effective and useful last year. The following ordinance was considered: NO. 94-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS STATE FAIR AND RODEO TO BE HELD FROM AUGUST 19, 1994 THROUGH AUGUST 29, 1994; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING 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. H. The Council consider adoption of an ordinance prohibiting parking of vehicles on the north side of West Mulberry Street from its intersection with South Carroll Boulevard to its intersection with Bernard Street. (Traffic Safety Commission recommended approval.) Rick Svehla, Deputy City Manager, stated that the item had been approved by the Traffic Safety Commission and started as a request from area neighbors. Originally the request had been for an 8:00 a.m.-5:00 p.m. time frame but was amended by staff for a 24 hour City of Denton City Council Minutes August 2, 1994 Page 17 time period. Staff had recontacted the neighbors regarding the amended time frame and the Traffic Safety Commission recommended approval. Council Member Smith asked if there would be adequate parking for the tenants of the surrounding apartments. Svehla replied that the building code required certain amounts of parking depending on the size of the complex. He understood that there were three apartment complexes in the area and all had that kind of off-street parking. Parking had been part of the discussions and the owners were in favor of the proposal. Lars Anderson stated that he had signed a petition as it was originally sent around the neighborhood. Most of the resident's concerns were with student parking. If the no parking were strictly on the south side of Mulberry, all parking would be eliminated all day long for his business. At times he did not have enough parking spaces for funerals and needed the off-site parking on the street. Some retirement homes needed the parking on the street for their elderly patrons. He was in opposition to the proposal as it stood as it would hurt his business for parking. The following ordinance was considered: NO. 94-142 AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON'THE NORTH SIDE OF WEST MULBERRY STREET FROM ITS INTERSECTION WITH SOUTH CARROLL BOULEVARD TO ITS INTERSECTION WITH BERNARD STREET WHEN SIGNS ARE POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "nay", Cott, "aye", Miller "aye", Smith "nay", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. I. The Council considered adoption of an ordinance amending portions of Chapter 18, Article III, relating to the designation of parking spaces for the exclusive use of disabled persons at the Denton Municipal Complex located at 601 E. Hickory Street. (The Traffic Safety Commission recommended approval.) Bruce Hennington, Facilities Manager, stated that this ordinance would deal with the disabled parking at the Denton Municipal Clty ~f ........ ~,, C~,,ncil Minutes August 2, 1994 ~'~J '~ Page 18 , Complex. At the Council's planning seminar staff was directed to proceed immediately with the no parking at the Complex. There were two parts of the ordinance and at the Council's next meeting an ordinance dealing with no parking at the Complex would be considered. He reviewed the parking designations for the no parking areas and for the disabled parking areas. Council Member Smith asked about the ADA requirements for the College and did the City have to provide accessibility. Hennington replied that there was an elevator for the upper floor. Council Member Smith asked about parking for the disabled. Hennington replied that the parking across the street me~ the requirements to be within 200 feet of the building. The following ordinance was considered: NO. 94-143 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 18, ARTICLE III, RELATING TO THE DESIGNATION OF PARKING SPACES FOR THE EXCLUSIVE USE OF DISABLED PERSONS UPON PUBLIC PROPERTY; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDinG FOR A SEVERABILITY PROVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; 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. -- J. The Council c~nsidered adoption of an ordinance amending the.chapter 19 of the ~ode of Ordinances; providing for terms of offlce for municipal j~ges; and providing for a transcript fee. City ~tt~rn~--b~-~i~h stated that this ordinance ratified the action taken by Council at the prior meetin~ which appointed one municipal judge and two assistant municipal judges for two and one year terms respectively. This a~tion would be placed in the Code of Ordinances and also authorized a transcript fee for the preparation of transcripts during appeals. The following ordinance was considered: 445 City of Denton City Council Minutes August 2, 1994 Page 19 NO. 94-144 AN oRDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES; PROVIDING FOR TERMS OF OFFICE FOR MUNICIPAL JUDGES; PROVIDING FOR A TRANSCRIPT FEE; 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. K. The Council considered adoption of an ordinance authorizing the City Manager to execute a supplemental agreement between the City and Missouri Pacific Railroad Company for additional parking on Railroad Avenue. Bruce Hennington, Facilities Manager, stated that the agreement would allow the City to obtain more land for parking on the railroad side on the building. The City currently leased property from the Railroad and this agreement would obtain more property north of the existing lot. This would increase the parking to 40 more spaces and a possible agreement with North Central Texas Community College to lease those spaces. The City would work on the lot if Council approved the agreement and later would pave those spaces. The following ordinance was considered: NO. 94-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF DENTON AND MISSOURI PACIFIC RAILROAD COMPANY FOR ADDITIONAL PARKING; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Resolutions A. The Council considered approval of a resolution approving the submission of a proposed project to the North Central Texas Council of Governments and the Texas Department of Transportation as a candidate for Statewide Transportation Enhancement Program funding. 446 City of Denton City Council Minutes August 2, 1994 Page 20 Rick Svehla, Deputy City Manager, stated that the grant would submit Denton City Hall West for a sprinkler system. The following resolution was considered: NO. R94-035 A RESOLUTION APPROVING THE SUBMISSION OF A PROPOSED PROJECT TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE TEXAS DEPARTMENT OF TRANSPORTATION AS A CANDIDATE FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM FUNDiNG; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Brock seconded to approve the resolution. Mayor Pro Tem Brock suggested that letters of support for the grant be included with the grant. Svehla replied that they would be receiving letters from Main Street and the Historical Commission and could use letters from individuals as well. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution appointing Tom Harpool to the TMPA Board of Directors. City Manager Harrell stated that this resolution would ratify earlier action by the Council. The following resolution was considered: NO. R94-036 A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The .Council c°nsiQered approval of a resolution reco~e~ding University Drive as the site for placement of the 1993 Governor,s Community Achievement Award landscaping grant. 447 City of Denton City Council Minutes August 2, 1994 Page 21 Cecile Carson, Community Improvement Coordinator, stated that this was a confirmation to be sent to the Department of Transportation concerning the placement of the $100,000 award that the City of Denton received in 1993 for being first place in the Governor's Community Achievement Award. In September 1993, the Keep Denton Beautiful Board and the City Council met in a joint session to discuss possible locations for use of the grant and University Drive was identified as the location. Since that time, staff had been working to identify the location which specifically would be includedand to also verify that the funding could be used in that location. There were four areas to be included in the $100,000 award. The first was west of University Drive at the median area. At this time it was unsure whether the landscaping would be placed only in the median or in both of the triangular areas as well. It was hoped that some of the landscaping could be used in some of the triangular areas as well. The second area was the median east of Cornell Street to be built following the expansion of University Drive. The third area was the intersection of Hinkle and University which would leave an area for visibility and landscaping. The fourth area was a change from the current construction as the current crossover would be changed. Shrubs and seasonal flowers would be planted for vehicle viability until the crossover was removed. The Department of Transportation had started some preliminary planning on this request. It was their hoped to have the drawings and conceptual plans to the City in October and begin construction March of 1995. It might be necessary to have the City assist in moving dirt and other materials and those arrangements had been made. The following resolution was considered: NO. R94-037 A RESOLUTION RECOMMENDING A LOCATION FOR THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION LANDSCAPE GRANT AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 8. The Council considered appointments to the committee in charge of selecting a consultant for a Competitive Analysis Study. City Manager Harrell stated that in the agreement approved by Council which the Chamber of Commerce would execute with their consultant, it was noted that the consulting firm as well as the 448 City of Denton City Council Minutes August 2, 1994 Page 22 final scope of services would be agreed on by a committee composed of four members of the Chamber and four members appointed by the Council. Council Member Smith nominated Mayor Castleberry, Council Member Miller, Mayor Pro Tem Brock and Betty McKean to the Committee. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye" Perry "aye" and Mayor Castleberry "aye" ' , · Motion carried unanimously. 9. The Council received submission of the effective tax rate and rollback tax rate. Kathy DuBose, Acting Executive Director for Finance, stated that in accordance with the Truth in Taxation requirement under the Property Tax Code, a taxing unit was required to publish notice of the effective tax rate and the rollback tax rate. The effective rate was that rate based on the updated values of properties from the current year that would generate the same revenue in the upcoming year. The rollback rate was based on an 8% increase in the rate categorized for operations and maintenance. A taxing unit also had to publish notices and hold hearings if a proposed tax rate exceeded the lower of three percent over the effective tax rate or the rollback rate. Based on the certified appraisal roll and an updated sales tax estimate from the State Comptroller's Office, the certified effective tax rate was $.5689 per $100 valuation, the rollback rate was $.5947 per $100 valuation and the notice in hearing rate was $.5859. She compared the certified appraisal rolls over the past several years. From 1987-1993 there was only one year which had an increase in value. The proposed budget was based on a 1 1/2% decrease. The certified roll came in 2/3's of a percent higher than the preliminary roll. Based on the updated sales tax figures and property, tax variables, the preliminary effective tax rate was recalculated at $.5821. The certified rate was 1 1/3 cents under that updated number. City Manager Harrell stated that when the City went to the voters for a sales tax increase, it was pledged that if the sales tax was passed, property taxes would be decreased by approximately 20%. Because of better sales tax receipts and a recommendation of a budget which was under the effective tax rate, the reduction would be greater than 20% and might possibly be reduced to 24.5% or 25%. 10. The Council received submission of the certified collection rate. Harlan Jefferson, Treasurer, stated that the State Property Tax 449 City of Denton City Council Minutes August 2, 1994 Page 23 Code required a certified collection rate used to calculate the effective .tax rate. That figure was 100%. At the end of the last fiscal year, 97.95% had been collected of the current year taxes. At the end of July 1994, 97.94% had been collected. It was felt that the collection rate could be met as it included current taxes plus delinquent taxes, rollback taxes, and penalty and interest. 11. The Council considered an appointment to the City's Data Processing Advisory Board. Mayor Castleberry stated that the nomination of Bruce Mitchell had been made at the last meeting. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. Vision Update Council Member Miller stated that the Cabinet had had a meeting in the morning. The impact groups continued to meet with positive results and they were getting ready for the October meetings when each group would make public reports on their progress. The Cabinet recognized the need to communicate very closely with the impact leaders so that the information from the groups carried through to all groups. A specific meeting would be established on August 15 for the purpose of having the impact leaders discuss with the Cabinet their needs and wants. 13. Miscellaneous matters from the City Manager. A. The Council returned to Work Session Item #4. 4. The Council considered amendments to theCity Council Rules of Procedure. City Attorney Drayovitch stated that Article 10.1 provided that any provision of the rules not governed by the City Charter or Code might be temporarily suspended by a majority vote of the Council. Section 2.13 also provided that any provision of the rules not governed by the City Charter or Code might be temporarily suspended by the affirmative vote of four members of the Council. It was felt that this was an unintentional duplication of the rules. One other item which the Council requested was the feasibility of adopting rules similar to the City of The Colony regarding tie votes. The City of The Colony had adopted a rule which provided that matters voted on by the City Council which ended in a tie vote automatically were bought back before the City Council for action 45O City of Denton City Council Minutes August 2, 1994 Page 24 at the next meeting in which a full council would be present. The Council's current rules provided for temporary suspension by four votes of the Council. Council Member Cott asked about the provision allowing two people within two hours to call a meeting. City Attorney Drayovitch stated that that was City Charter Section 4.4 in which in the case of emergency or urgent public necessity, an emergency meeting could be called by the Mayor, the City Manager or three members of the Council and post such notice two hours before the meeting. Council Member Cott asked what could be discussed at such a meeting. City Attorney Drayovitch stated that the rules did not indicate what could be discussed but the Open Meetings Act provided that the emergency had to be something unforeseen. It could not something which was forgotten to be put on an agenda. The emergency had to be an unforeseen situation in order to take action. Council Member Cott asked about a quorum at that meeting. City Attorney Drayovitch stated that the Charter provided that a majority of the Council was necessary to pass any official action which would be four members. If there were a conflict of interest then only the members without conflict would constitute a quorum and the majority would change. Council Member Perry asked if there were a way to determine the spirit of Article 10-1. Was this an accidental duplication or was it done on purpose. City Attorney Drayovitch stated that it could be researched again but that the opinion was that the original rules were adopted approximately 12 years ago and were patterned after another city's rules which lead to a duplication. Council Member Miller felt that the tie vote issue needed to be considered further. The Council had been inconsistent in the past on this issue. City Attorney Drayovitch stated that the current rules provided that any amendments to the rules needed to be introduced at one meeting and voted on at a second meeting. Consensus of the Council was to return with all of the amendments 451 City of Denton City Council Minutes August 2, 1994 Page 25 at a future meeting. B. Next Tuesday's meeting would begin at 4:00 p.m. C. The next quarterly meeting with the DISD was set for Wednesday, September 14, 1994. The City would be hosting the meeting at the Denton Municipal Complex. D. Hickory Creek Road was completed before the start of the school year. 14. There was no official action taken on the Executive Session Items discussed during the Work Session. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Chew requested that the Council revisit the roadway solicitation issue. B. Mayor Pro Tem Brock suggested a discussion of Council membership on its various committees. C. Council Member Miller suggested a work session item regarding the appointment process of Board/Commission members in open session and suggested a resolution be sent to TML to ask TML to request a change in the law. D. Council Member Miller asked for a work session item to consider establishing a task force to consider the issue of fire coverage for the downtown area. 16. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 9:15 p.m. NNIy R WA,,TERS TY~ECRETARY CITY OF DENTON, TEXAS ACC00200 BOB CASTL~ CITY OF DENTON, TEXA/S /