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Minutes September 20, 1994 CITY OF DENTON CITY COUNCIL MINUTES September 20, 1994 The Council convened into the Executive Session on Tuesday, September 20, 1994 at 5:15 p.m. in the Civil Defense Room. PRESENT: ABSENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, Miller and Smith. Council Member Cott The Council discussed the following in Executive Session: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered action in Sor, et al. v. City of Denton. 2. Considered action in Iwuchukwu v. city, et al. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Considered selection of part-time Municipal Judge. The Council convened into the Work Session on Tuesday, September 20, 1994 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, Miller and Smith. ABSENT: Council Member cott 1. The Council received a report, held a discussion and gave staff direction regarding the establishment of a movie ordinance. Linda Ratliff, Economic Development Coordinator, stated that in working with the film companies, more often than not their shooting schedules changed very often. Originally, staff had developed a movie policy but since there was already a street closing ordinance, the policy was changed to amend that ordinance. The film business had increased lately in Denton with four films in June and July. In August a commercial was filmed on the Square and currently there was filming the Fairgrounds. Four of the films needed some type of traffic control and staff worked with police officers t6 temporarily ~.lose the street for the filming. Some companies did not have time to work with the Council to close the necessary streets. The current street closing procedure was to provide a barricade plan, coordinate safety with the police department and obtain signatures of the affected property owners. Then formal approval was necessary from the Council. The proposed ordinance would still require the first three items but instead of receiving Council approval, the request would be forwarded to the city Manager'~ ~ffi~e f~r approval. The City Manager would notify Council of the request. If a Council Member had a concern with the request, it would be placed on the next Council agenda. If there 83 84 City of Denton City Council Minutes September 20, 1994 Page 2 were no concerns, the film company could be granted permission to close the street. It was felt that this would allow some flexibility for the film companies. The proposal would request the film companies to apply for~a permit but there would be no fee for the permit. The film company would be required'to have liability insurance and the City Manager would be able to deny the request with the film company having the right to appeal to the Council. A Task Force had worked on this proposal for several years. Mayor Castleberry indicated that he had received a letter from the State, complimenting Denton on its cooperative effort in working with the film companies. Council Member Perry questioned there being no fee associated with this permit. City personnel would be using their time to process this permit. Ratliff stated that staff currently provided all the services with no charge and they did not want to discourage the film companies with an additional charge. No other area cities had a fee for their permits. Council Member Perry stated that this was thought of as a service of economic development. Ratliff replied correct. Council Member Smith stated that she was in favor of the plan. She suggested that staff look at some sort of policy for neighborhood street closings as the Council did not really need to provide that permission. Council Member Miller felt this was a good economic tool in order to be competitive in the market place. Perry motioned, Smith seconded to direct staff to prepare an appropriate ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye" Perry "aye" and Mayor Castleberry "aye" Motion carried unanimously. 2. The Council receive~'~ a report, held a discussion and gave staff direction regarding amending the City Council's Rules of Proc~du~e~. City Attorney Drayovitch stated that in the agenda backup, Council was provided with a copy of an ordinance which revised the current rules of procedure as noted in the Council's planning session. There was a major change to Section 4.3 which substantially changed the procedures in the work session regarding citizen participation in those sessions. A change to Section 6.3 clarified the procedure to be followed when a Council Member requested staff to prepare for City of Denton City Council Minutes September 20, 1994 Page 3 85 and the Council deliberate upon an agenda item. Reconsideration was changed to provide that a motion for reconsideration may be made by one who voted with the prevailing side rather than the majority side. It also placed a six month limitation on an item which had been rejected upon reconsideration of which was not timely reconsidered. Suspension of the rules provision was addressed twice in the rules, at Section 2.13 and Section 10.1. Those provisions were basically the same that the Council could temporarily suspend the rules upon a majority vote or a vote of four members of the Council. She recommended that Article 10.1 be struck as it was a duplicate. The provision for a tie vote stated that the item would be automatically placed on the next agenda when the full council would be present. This item was on the regular agenda for Council consideration as the Council's rules indicated that when the rules were amended, the amendment must be introduced at a meeting before voted on. Council Member Perry suggested amending Section 2.13, Suspension of the Rules, so that instead of requiring an affirmative vote of four members, an affirmative of five members would be required. That would make it a bit more difficult to suspend the rules but would still be reasonable. He felt that the suspension of rules should require the approval of a greater number of the Council. He also suggested striking the repeated section from the rules. Council Member Perry motioned to amend Section 2.13 of the rules to strike "four" and insert "five" and to delete the repetition of suspension of rules and to change the ordinance as presented. Mayor Pro Tem Brock felt that those were two different changes. City Attorney Drayovitch stated that they were two different changes but involved the same subject. She felt it was in order to consider them either separate or in the same motion. Mayor Pro Tem Brock stated that a member might want to vote differently on each portion of the motion. Council Member Smith stated that Section 2.14, Amendment of Rules, required four members in an affirmative action. Would Council Member Perry suggest changing that to five also. Council Member Perry stated that he had not considered that particular section. Perry motioned to amend Section 2.13 of the rules to strike "four" and substitute "five" members of the Council. Motion died for lack of a second. Brock motioned, Smith seconded to change the ordinance to have all pronouns in the ordinance reflect the male and female gender. City of Denton City Council Minutes September 20, 1994 Page 4 Mayor Castleberry suggested including that change with any other changes suggested for the ordinance. Mayor Pro Tem Brock suggested adding to Section 3.3 D that audiences should not to applaud during a Council meeting. Council Member Miller asked if the rule regarding reconsideration and not bringing an item back for six months applied to work sessions and regular sessions. If action were taken during a work session, did that preclude the item from returning to an agenda for six months. City Attorney Drayovitch stated that for many years, the Council did not take any final action in the work sessions. Because, on occasion, final action was taken in a work session, a sentence was added to Section 4.3 which indicated that the work sessions were informational and normally no final action would be taken unless a posted agenda indicated otherwise. There were times when the Council took action and directed staff in a particular manner and at those times, the item would not come back and the reconsideration would apply to that item. Council Member Miller stated that work sessions were becoming like regular sessions of the Council. It was his understanding that the purpose of a work session was to consider items informally but would not preclude the continuation of discussion of an item. With this formality, if action were taken in the work session, the item would be precluded for 6 months. Regarding a tie vote, he suggested Council consider that if there wer~ a tie vote, the item be returned at the next meeting with a full council. Council Member Chew agreed with Council Member Miller and felt that there was a need to add that into the ordinance. Whenever there was a tie vote, the item would be placed on the next agenda when there would be a full council whether that be a work session or a regular session. Council Member Perry felt that that type of automatic kind of procedure removed the Council from persuasion and consensus and introduced a procedure which would not allow the Council to act as a CounciY. He felt it took the Council out of the action and he was not in favor of substituting an automatic procedure for current actions. Mayor Pro Tem Brock stated that the Council would be adopting an automatic procedure when an item could not be reconsidered for six months. That was a similar circumstance. council Member Chew suggested deleting Section 10.1 from the rules as it was the same as Section 2.13. City of Denton City Council Minutes September 20, 1994 Page 5 87 Mayor Pro Tem Brock stated that in Section 2.4, the Council could punish its own members for misconduct. She questioned the definition of misconduct. Mayor Castleberry stated that he assumed the definition would be any conduct which would be unbecoming of a Council Member. Miller motioned, Chew seconded to direct staff to prepare an ordinance for Council consideration at the next meeting. Miller motioned, Brock seconded to amend the motion that matters voted on by the Council which ended in a tie vote would automatically be brought back before the Council for action at the next meeting where the full council would be present. If'there were not a full council at the next meeting, the item would carry over to the next meeting. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5- 1 vote. Chew motioned, Smith seconded to delete Section 10.1 from the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Perry motioned to amend Section 2.13 to substitute five members for four members. Motion died for the lack of a second. Brock motioned, Smith seconded to change all personal pronouns to be gender inclusive. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Smith motioned, Chew seconded to include applause as a form of inappropriate behavior by the audience. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The Council received a report, held a discussion and gave staff direction regarding the appointment of a committee to review the Hotel/Motel Occupancy Tax contracts. Harlan Jefferson, Treasurer, stated this past spring the Council had renegotiated all contracts with agencies receiving Lalor funds and extended the contracts with the Denton Chamber of Commerce and the North Texas Fair Association so that all contracts would expire at same time on March 1, 1995. A second step was to establish a subcommittee which would meet with the agen~ie~ to renegotiate the contracts. The recommended process was one similar to the one used during the 1989-90 time frame when the current contracts were 88 City of Denton City Council Minutes September 20, 1994 Page 6 renegotiated. At that time, two council members were appointed to a subcommittee and were assisted by the City Attorney and the Executive Director for Finance. It was recommended to form a similar subcommittee to be assisted by the City Attorney and the Treasurer. The subcommittee would meet and develop revisions to the contracts as well as any appropriate new contracts and submitting their recommendations to the full Council. Council Member Miller suggested having an odd number o~ individuals on the committee so as not to have a problem with a tie vote during deliberation. He suggested a minimum of three council members on the committee. Council Member Chew agreed that there should be at least three members from the Council as Council made important decisions based on the committee's recommendations. Council Member Smith agreed with three council members due to the difficult decisions made regarding the contracts. Consensus of the Council was to have three council members and two staff members on the committee. Council Member Chew suggested having Mayor Pro Tem Brock, Mayor Castleberry and Council Member Perry on the committee. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council considered Council Committee Affiliations. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, September 20, 1994 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Brock; Council Members Chew, Perry, Miller and Smith. ABSENT: Council Member Cott 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 July 19, July 21, and July 26, 1994. City of Denton City Council Minutes September 20, 1994 Page 7 89 Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: Rehabilitation Week National Adult Day Care Center Week Mayor Castleberry presented Yard of the Month Awards to the following: David and Virginia Thetford H. C. Westmoreland, Jr. Law Offices of Joanne Shipley Ed and Sue Maglaughlin Rob and Marilyn Gentry Council considered Item #5. 5. The Council received a presentation by the Texas Water Utilities Association-North Texas District recognizing City of Denton employees who participated in their activities. Roy Simpson, Texas Water Utilities Association-North Texas District, stated that the City of Denton employees had presented an outstanding program for their organization. He presented a plaque to John Hudson for perfect attendance at their meetings and to Alberto Lopez as past president. Council considered Item #12. 12. The Council took the following official action on Executive Session Items discussed during the Work Session Executive Session: Smith motioned, Perry seconded to offer the ~osition of permanent part-time municipal judge to Debra Drayovitch. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council returned to the regular agenda order. 3. Citizen Requests A. The Council considered an exception to the noise ordinance for a rodeo at the North Texas Fairgrounds on September 25, 1995 from 2:00 p.m. - 6:00 p.m. Veronica Oglesby, Administrative Assistant, stated that an exception to the noise ordinance was requested for a rodeo and -~- 90 City of Denton City Council Minutes September 20, 1994 Page 8 entertainment to be held on Sunday, September 25, 1994 from 2:00 p.m. to 6:00 p.m. The noise ordinance stated that the use of loudspeakers, amplifiers and musical instruments was a noise nuisance after 10:00 p.m. and on Sundays. The Council could make exceptions when the public interest was served. There had been an indication to hold approximately ten such rodeos per year but this request was for only September 25th. Council Member Perry asked for background information on DFW Productions. Efren Gonzales, DFW Productions, indicated that last year DFW Productions started holding rodeo events in Dallas and Fort Worth. Their interest in Denton was due to the growing Hispanic population. They brought entertainers from Mexico to perform a Mexican rodeo event. Council Member Perry stated the noise from the Fairgrounds was a source of aggravation to those who lived near the Fairgrounds. He asked Gonzales what he intended to do with the loudspeakers. Gonzales stated that they would try to keep the noise down as much as possible. They'could switch the sound of the loudspeakers so as to not face the homes. Council Member Perry asked if the loudspeakers would be used with the rodeo or other speakers. Gonzales stated that it would be the sound equipment associated with a band. Brock motioned, Chew seconded to approve the exception. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. .B. The Council considered approval of a resolution closing Rolling Hills Circle between 18 Rolling Hills to 29 Rolling Hills on Saturday, October 29, 1994 from 5:00 p.m. - 10:00 p.m. for a street dance sponsored by the Forrestridge Home Owners' Association. V~oni~a Ogl~by, Adminis%ra%iv~ A~i~%ant, ~tated that the request was to temporarily close Rolling Hills Circle for a block party. The closure was necessary for the safety of the participants. The following resolution was considered: City of Denton City Council Minutes September 20, 1994 Page 9 9¸1 NO. R94-052 A RESOLUTION TEMPORARILY CLOSING ROLLING HILLS CIRCLE FROM 18 ROLLING HILLS CIRCLE TO 29 ROLLING HILLS CIRCLE ON SATURDAY, OCTOBER 29, 1994; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution temporarily closing Congress Street between Mounts and Denton Streets on Friday, October 7, 1994 from 11:30 a.m. to 3:30 p.m. for "Cougar Day" festivities. Joseph Portugal, Assistant to the city Manager, stated that approval of the resolution would authorize temporary closure of Congress for a Calhoun Middle School event. The following resolution was considered: NO. R94-053 A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN MOUNTS STREET AND DENTON STREET ON FRIDAY, OCTOBER 7, 1994; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered approval of a resolution temporarily closing Brooklake West from Thunderbird to Brookhollow for a block party on October 15, 1994, from 4:00 p.m. to 8:00 p.m. Joseph Portugal, Assistant to the city Manager, stated that this request was to hold a block party in the neighborhood. The following resolution was considered: NO. R94-054 A RESOLUTION TEMPORARILY CLOSING BROOKLAKE STREET WEST FROM THUNDERBIRD DRIVE TO BROOKHOLLOW DRIVE ON SATURDAY, OCTOBER 15, 1994; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and May~r Ca~tleber~y "aye". M~ti~n ~a~ied unanimously. 9¸2 City of Denton City Council Minutes September 20, 1994 Page 10 4. citizen Reports A. The Council received a citizen report from Ursula Jacobs regarding the Communities in Schools, Denton County Program. Ms. Jacobs stated that the program was working with the Northwest Independent School District and the Little Elm Independent School District. The program was funded through the Texas Employment Commission and had received a grant to begin a start-up program. They had received grants for three new campuses next year and were in the planning stages of working with the Denton ISD. Lewisville and Aubrey had also expressed an interest in the program. For every school year they were able to add two new campuses. Judge Darlene Whitten stated that this program was part of the overall solution to a problem with youth. It was anticipated that Communities in School would be able to take referrals from Denton's Teen Court so as to work with these individuals. The purpose of the program was to prevent young people from dropping out of school and preventing them from becoming first offenders. Linda Monico, Director of Instruction at Little Elm ISD, stated that the program had made a major impact in the district after only two months of service. B. The Council received a citizen report from Bill Keith regarding the lack of consistency in enforcement of codes in the City of Denton. Mr. Keith stated that he had been informed by a City official that because he had a vehicle on his property with no inspection sticker or tag that he was in violation of the city code. If he moved that car to his garage, to his backyard or covered it, he would be in compliance. He responded to the official that if the city would supply a cover for the car, he would do so. On SePtember 13 he was asked by the same official to see his driver's license. Since he was not involved in a moving violation and the official did not have a warrant, he felt that he did not have to comply. The car was not an annoyance to neighbors, was no health problem, and was no obstruction. He felt this was an invasion of his personal property rights. ~. Public Hea~ings A. The Council held a public hearing and considered adoption of an ordinance revising the zoning conditions on .6309 acres of land zoned General Retail-conditioned, to allow a telephone business office, and limit accessory buildings to 400 square feet. The sit~, at 209 University Drive, was on the north side of University, approximately 300 feet east of Locust Street. (The Planning and Zoning Commission recommended approval 5-0). City of Denton City Council Minutes September 20, 1994 Page 11 93 Owen Yost, Urban Planner, stated that the tract was on the north side of University Drive near Locust Street and was currently zoned general retail with conditions. The overall zoning of the property would not change but two of the existing conditions would be changed to allow for a telephone business office and to limit the size of any accessory building to 400 square feet. Before a certificate of occupancy could be issued, a landscaping and buffering plan had to be approved. The expanded parking lot was currently under construction and before it could b~ used, the landscape plan had to be approved. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Mayor Pro Tem Brock asked if this were a new building or a use of what was currently there. Yost stated that the current building was being used with one condition that the present house would remain in a residential character. The following ordinance was considered: NO. 94-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING THAT THE ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRESOF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 300 FEET EAST OF LOCUST STREET IS AMENDED BY CHANGING THE CONDITIONS ON SUCH LAND ZONED GENERAL RETAIL WITH CONDITIONS (GR-C); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "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 authorizing a Specific Use Permit for a concrete batch plant within Lot IR, Block 1 of the Denton Regional Medical Center addition. The plant would occupy no more than .75 acres and would be located north of the proposed Colorado Blvd. The 40.138 ac~e lot wag located northwest of Mayhill Road and northeast of Interstate 35-E. (The Planning and Zoning Commission recommended approval 6-0). 94 City of Denton City Council Minutes September 20, 1994 Page 12 Owen Yost, Urban Planner, stated that this site was to be no more than .75 acres on land currently owned by Denton Regional Medical Center. Current zoning was commercial with conditions and the proposal was to allow a concrete batch plant to build Colorado Blvd. The batch plant would be in place for only 2 weeks. The Mayor opened the public hearing. Glenn Midkift stated that he would answer any questions from the Council. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 94-169 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A TEMPORARY BATCH PLANT AND CONSTRUCTION SITE, AS SAID PERMIT APPLIES TO NOT MORE THAN 0.75 ACRES OF LAND OUT OF A 40.138 ACRE TRACT IDENTIFIED AS LOT 1R, BLOCK 1, DENTON REGIONAL MEDICAL CENTER ADDITION, SAID SITE BEING LOCATED NORTH OF THE PROPOSED COLORADO BOULEVARD, APPROXIMATELY 1,000 FEET NORTHWEST OF MAYHILL ROAD; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing with regard to the proposed annexation and zonihg of a 68 acre tract located north of Ryan Road and east of Forrestridge Drive. (~-67) Harry Persuad, Senior Planner, stated that on August 16, 1994 Council adopted an annexation schedule detailing the process of annexation. A service plan was included to extend municipal services to the site and was available in the Planning Department for those interested. Upon the annexation effective date, police and fire services would be available to the annexed area. The service plan also set out the policies of the City with regard to extending water and wastewater services to the site. Solid waste collection would be available upon the effective date of the annexation as would be street maintenance activities. The City was not required to provide a uniform level of services for all areas of the City. The Local Government Code provided that based on considerations of topography, land use and population density, some services might be different throughout the city. City of Denton City Council Minutes September 20, 1994 Page 13 Mayor opened the public hearing. Wayne Ryan stated that he would like to keep all of his property out of the city limits. He did not need the city water and installing it would be very costly for him. He wanted to stay in the country and did not want to be annexed into the City. Ray Baker stated that he represented 11 families in the area. Many of the families in the area had lived there for many years and all did not want to be annexed into the city. Over the course of time, the area would not fit the ordinances of the City and this would create a significate hardship on residents to comply with city ordinances and requirements because of the way the property had developed. Some of the properties would not be immediately assessable to the services proposed. The neighbors had met on several occasions and there were many questions regarding the proposed annexation. A poll of the 11 families indicated that none of them were in favor of the annexation. He was not clear on what was the reason for the City to annex this rural area of only 11 families. Bob Heilig stated that the economic burden caused by this proposed annexation would be significant. Water and sewer would be available and then he would not be able to use his well. He was upset about that kind of ~ cost to have city water and sewer. Money was going out in the form of City taxes but no services would be received for that money. He had questions regarding road maintenance for the area. The Mayor stated that there were speaker cards from individuals indicating opposition but who did not wish to speak - Stanley Ratliff, Tammie Carlson, Karen Baker, David Carlson, Rosemary Ratliff, Wayne and Beverly Stephens. The Mayor closed the public hearing. No action was required by the Council aG this time on this proposal. D. The Council held a public hearing with regard to the proposed annexation and zoning of a 263 acre tract located north of Jim Christal Road and west of Masch Branch Road. (A-66) Harry Persuad, Senior Planner, stated that this annexation schedule and service plan was the same as for the prior annexation. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. City of Denton City Council Minutes September 20, 1994 Page 14 The Mayor closed the public hearing. No action was required by the Council proposal. at this time on this 7. Consent Agenda Chew "aye", Perry "aye", and Mayor Castleberry "aye". carried unanimously. Chew motioned, Smith seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Smith "aye", Motion Bids and Purchase Orders: 1. Bid #1665 - Fiber Optic Components 2. Bid #1667 - Concealable Soft Body Armor 3. Bid #1671 - Library Server & Workstations 4. Bid #1654 - Cooper Creek Manhole Rehabilitation - Phase II 5. RFSP #1657 - Integrated Library System 6. RFSP #1600 - High Technology Procurement for Central Irrigation and Athletic Field Light Control System 7. P.O. #47637 - Municipal Valve & Equipment Co. 8. P.O. #47800 - American Management System 8. Ordinances Council considered the Consent Agenda Ordinances A.- E. Brock motioned, Chew seconded to adopt Ordinances A.- E. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 94-170 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid #1665, 7.A.2. - ~'~id #1667, 7.A.3.- Bid #1671) B, NO. 94-171 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.4. - Bid #1654) C. NO. 94-172 City of Denton City Council Minutes September 20, 1994 Page 15 97 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.5. -RFSP #1657, 7.A.6. -RFSP #1600) D. NO. 94-173 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OR MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.7. - P.O. #47637) E. NO. 94-174 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (7.A.8. - P.O. ~47800) F. The Council considered introduction of an ordinance amending Ordinance No. 90-026 relating to Rules of Procedure for the City Council of the City of Denton, Texas, and repealing Ordinances 93-073, 92-115, and 90-150. City Attorney Drayovitch stated that pursuant to Section 2.14 of the Council's current rules of procedures, this ordinance appeared as an introduction and would be voted on at the next council agenda. At the earlier work session, the Council considered several, amendments to the ordinance which included: (1) every reference to a personal pronoun would be changed so as to be gender neutral, (2) Section 3.3D would add applauding to the list of audience activities not allowed during the meetings, (3) an amendment for a tie vote would be placed in Section 7.5 indicating that matters voted on by the City Council which resulted in a tie vote would automatically be placed on each subsequent Council meeting agenda until a full council was present, and (4) Section 10.1 would be deleted from the rules and procedures. Perry motioned, Brock seconded to direct staff to prepare an ordinance as per directions. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 98 City of Denton City Council Minutes September 20, 1994 Page 16 G. The Council considered adoption of an ordinance retaining the lawfirm of Wolfe, Clark & Henderson to represent the City of Denton in litigation pending against the City. City Attorney Drayovitch stated that recommended approval of the ordinance continue representing the City. staff had previously to retain the firm to The following ordinance was considered: NO. 94-175 AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF WOLFE, CLARK & HENDERSON TO REPRESENT THE CITY OF DENTON IN LITIGATION PENDING AGAINST THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Chew Seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered a motion to appoint the Chairs of the Board of Adjustment and the Sign Board of Appeals. Frank Robbins, Executive Director for Planning and Development, stated that Section 10.7 of the City Charter indicated that the Council would appoint the chair of the Board of Adjustment and as the Sign Board of Appeals was a board of adjustment, CoUncil would appoint both chairs. Brock motioned to appoint Larry Collister as chair of the Board of Adjustment. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Brock motioned to appoint Dena Fairfield as chair of the Sign Board of Appeals. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Vision Update Council Member Miller stated that the impact groups were proceeding with the meeting presentations at Ryan High School. The impact groups would present their findings to the public at those meetings. He stated that the project needed public support and input regarding the various issues. 11. Miscellaneous matters from the City Manager. (Note: No page 99 and i00) City of Denton City Council Minutes September 20, 1994 Page 17 101 Council considered Work Session Item #4. 4. The Council considered Council Committee Affiliations. Mayor Castleberry indicated that the agenda back-up materials listed the preferences of the Council Members. Council Member Chew indicated that he would like to serve on the Municipal Court Committee and be the Public Utilities Board liaison. Council Member Miller indicated that he would like to serve on the Municipal Court and the Visioning committees. Mayor Castleberry indicated that there were two requests for the Agenda Committee from Council Member Perry and himself. Consensus of the Council was to have those two members serve on that Committee. Mayor Castleberry indicated that there were three requeSts for the Audit Committee and as only'three serve, the members would stay the same. Consensus of the Council was to have those members remain the same. Mayor Castleberry indicated that there were two members of the Economic Development Committee and there were three requests to serve on that Committee. He indicated that he would not serve on the Committee which would leave Mayor Pro Tem Brock and Council Member Perry on that Committee. Consensus of the Council was to have Mayor Pro Tem Brock and Council Member Perry serve on that Committee. Mayor Castleberry indicated that there was one request from Council Member Cott to serve on the Investment Committee. Consensus of the Council was to have CoUncil Member Cott serve on that Committee. Mayor Castleberry indicated that there were requests from Council Members Chew, Miller and Smith to serve on the Municipal Court Advisory Committee who were the current members. Consensus of the Council was to have those Council Member continue on that Committee. Mayor Castleberry indicated that Mayor Pro Tem Brock and Council Member Miller had requested to continue on the Vision Committee. (Note: No page 99 and 100) 102 City of Denton City Council Minutes September 20, 1994 Page 18 Consensus of the Council was to have those members serve on that Committee. B. Acting City Manager Robbins stated that the Georgia Pacific application for the Enterprize Zone designation had been approved. 13. New Business The following items of New BusinesB were suggested by Council Members for future agendas: A. Council Member Smith suggested looking at a speedier process for closing streets for neighborhood activities. Be system. Council Member Miller suggested a tour of the Internet 14. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8:30 p.m. ~ITY OF DENTON, TEXAS ACC00212