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Minutes March 21, 1995424 CITY OF DENTON CITY COUNCIL MINUTES March 21, 1995 The Council convened into a Closed Meeting on Tuesday, March 21, 1995 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 The Council considered the following in a Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Discussed responses to RFP for law firms desiring to represent City relating to failure of GTE to produce records and remit franchise fees as required by the City Charter and discuss GTE's response to issues raised in meeting of March 6, 1995 with GTE'S attorney. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Ce Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 Considered performance evaluation and pay adjustment for the Senior Assistant City Attorney. The Council convened into the Work Session on Tuesday, March 21, 1995 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 report, held a discussion and gave staff direction regarding an amendment to the current ordinance regulating the keeping of swine in the city limits. Nonie Kull, Director of Environmental Health Services, stated that Council had a request from a citizen to review the current ordinance and consider a possible amendment to allow pot bellied pigs within the city limits. The current ordinance treated these animals as swine which had to be housed 1000 feet from any building being used for habitation. The American Humane Association had no opinion whether to keep pot bellied pigs as a pet. Problems associated with the pigs included rooting, squealing, etc. Several communities in the area allowed these animals as house pets. Some cities had restrictions such as number in a house or size of the pigs. 425 City of Denton city Council Minutes March 21, 1995 Page 2 Council Member Smith asked if the cities surveyed allowed the pigs only indoors and not out in yards. Kull replied that some cities allowed the pigs out only as need dictated. Basically the animals were housed in the residence. Some veterinarians suggested that the animals must be allowed outside for a minimum of one hour a day in order to be maintained in a healthy fashion. Council Member Miller asked if any of the surveyed cities indicated that they would like to reconsider allowing these animals in their city limits. Kull replied that there seemed to be a split feeling regarding such a decision. In some cities the animals were not being maintained correctly and the associated nuisances from the animals were a problem. Council Member Perry asked if there was any information indicating that once the pigs were allowed were other individuals asking for different kinds of animals to be allowed in the city limits. Kull replied that a number of communities indicated that that might be a major problem as it might open the door for other types of animals. Council Member Cott felt that the issue was one of preservation of neighborhoods in Denton. That could not be done with livestock in the neighborhoods. Mayor Pro Tem Brock asked if the original complaint was about the nuisances associated with the pig. Kull replied that the original complaint was that a pig was at the house. Cott motioned, Chew seconded to not proceed with an ordinance amendment. On roll vote, Brock "aye", Cott "aye", Miller "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 2. The Council considered recommendations from the '91 Committee to use interest money to fund CIP projects and gave staff direction. Rick Svehla, Deputy City Manager, stated that the '91 Committee met on March 6th to review staff sUggestions of seven projects which were listed in the agenda backup. The Committee voted to recommend 426 City of Denton City Council Minutes March 21, 1995 Page 3 the projects to Council. One member abstained due to the funding of engineering costs for the feasibility study for Highway 2499. Staff indicated to the Committee that Highway 2499 had been a priority of the Council for many years. Council Member Cott asked if there was only $177,000 left from all of the City's bonds. Svehla replied no that some bonds were not yet sold. This was interest money accrued from the sale of the bonds. Over the last five years Council had received recommendations from the '91 Committee to allocate interest money for certain projects. Council Member Cott suggested that the Committee consider returning the money to the taxpayers. Council Member Miller stated that there was one project which would cost $10,000 for consultant fees. He suggested sending a letter to the Highway Department indicating that the City did not feel it was a prudent use of the money when the project could be done in-house. Perry motioned, Chew seconded to direct staff to prepare the necessary paperwork to implement the '91 Committee recommendations. 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 proposed amendments to the Morrison Milling Company. a report and held a discussion on lease agreement between the City and Bruce Hennington, Facilities Manager, stated that Morrison Milling was currently leasing space at the Denton Municipal Complex. Morrison was in the process of planning its medium and long range goals and was requesting that the City formally commit to the second term of the lease two years early. There was a provision in the existing lease in which the square footage could be reduced or the lease terminated if desired. Much of the money from the Morrison rental was used to pay back the renovation costs of the Denton Municipal Complex. The second term of the lease would start on April 30, 1997. The current contract provided for a one year notice to reduce or terminate the contract. The new contract would provide for a two year notice. If the City reduced the lease space under the old contract, Morrison had the right to terminate the lease which would be effective one year from the date of the City's notice. In the new lease this would be increased to two years from the date of the City's notice. 427 City of Denton city Council Minutes~' ...... March 21, 1995 Page 4 City Manager Harrell stated that in all of the City's long range space plans, there was no indication of a need for this space under the term of discussion. Originally staff had projected revenue from the rental for 10 years. Council Member Cott requested a profitability by space for the building. Mayor Pro Tem Brock asked who did the renovations for Morrison. Hennington replied that the City paid for $100,000 of renovations and would recoup that back in the rent over a ten year period. That work was done on the docks and any inside work was done by Morrison. 4. The Council received a report, held a discussion and gave staff direction regarding a request by Denton County for participation in the paving of Shady Shores Road. Rick Svehla, Deputy City Manager, stated that the County had requested $25,000 for the paving of Shady Shores Road which staff felt was a reasonable amount. Commissioners Courts had considered this proposal at a recent meeting and had discussed how to fund the improvements. The Commissioners passed a resolution using current FM 2499 funds which were available now and would be restored after the next bond sale. The City's recommendation was that Highway 2499 was a priority of the City and did not want to jeopardize the project. The Commissioners who voted in favor of the resolution assured staff that the Highway 2499 project would not be affected in any manner. If Council wanted to approve the request from the County, it might also consider including a statement that the Highway 2499 project would not be impaired in any manner. Mayor Castleberry stated that the funds for the project would come from the street fund. Brock motioned, Perry seconded to proceed with the staff recommendation. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council convened into the Regular Meeting on Tuesday, March 21, 1995 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 428 City of Denton City Council Minutes March 21, 1995 Page 5 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 February 28, 1995 meeting. Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: Believe It Or Not I Can Week Sexual Assault Awareness Week 3. The Council considered adoption of an ordinance annexing a tract of 199.5 acres located east of Mayhill Road and north of Edwards Road; and approving a temporary agricultural zoning district classification for the annexed property. (The Planning and Zoning Commission recommended approval 510.) Harry Persuad, Senior Planner, stated that this item dealt only with the annexation of the property and did not involve the landfill zoning consideration. The Denton Development Code provided that property annexed into the City received temporary agricultural zoning. There was an item later on the agenda which would change that zoning. Six affirmative votes were needed to pass the ordinance. The following ordinance was considered: NO. 95-051 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT OF 199.5 ACRES LOCATED EAST OF MAYHILL ROAD AND NORTH OF EDWARDS ROAD; APPROVING A TEMPORARY AGRICULTURAL ZONING DISTRICT CLASSIFICATION FOR THE ANNEXED PROPERTY; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 429 City of Denton City Council Minutes March 21, 1995 Page 6 4. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance providing for a change from temporary Agricultural Zoning District (A) to Light Industrial (LI) zoning district classification and use designation for a 199.5 acre tract located north of Edwards Road and east of Mayhill Road and approving a Specific Use permit to operate a landfill in the district. (S-204) (The Planning and Zoning Commission recommended approval 5-0.) Harry Persuad, Senior Planner, stated that the Denton Development Plan had a specific policy which related to the development of land and requirements around landfills and wastewater treatment plants. That policy stated that additional residential development would not be zoned within 2500' of the wastewater treatment plant. The residential development would be generally restricted between 2500' and 4000' from the plant. The area within 2000' of the wastewater treatment plant would be used for industrial purposes, preferably industries which could used the effluent from the plant as cooling water or other processes requiring low quality water. That policy had been in the Plan for 10 years indicating the type of land uses allowed in the vicinity of the wastewater treatment plant. The Planning and Zoning Commission determined that the Light Industrial zoning would be consistent with the Denton Development Plan. In addition to Light Industrial zoning, the City was petitioning for a specific use permit to operate a landfill on the site. Persuad reviewed the proposed density of the bufferyards around the site. The specific use permit required certain bufferyard requirements. When the landfill operations were within 300' of Edwards Road, the applicable bufferyard would be installed. At least 50% of all required vegetation would be evergreen, the bufferyard along Mayhill Road would be installed progressively as landfill operations took place along Mayhill frontage. All bufferyards would be adequately irrigated, trees would not be planted in drainage areas, plant locations would be approved before installation, the height of landfill would not exceed 95' above the elevation of Mayhill Road. The permit requirements would be requesting 93' for the maximum height. Residents were concerned that the landfill would be an eyesore especially from the I35 Highway. Persuad presented several slides which showed the DFW landfill and demonstrated the line of sight view of the proposed landfill from various locations around the proposed site. The Planning and Zoning Commission voted 5-0 for approval for the landfill zoning. The Mayor opened the public hearing. 43O City of Denton City Council Minutes March 21, 1995 Page 7 J. W. Giese stated that he was speaking on behalf of the Public Utilities Board. The Board had had extensive discussions regarding the proposal and had endorsed the proposal. It was felt that it would be an asset for the City. Wade Willis stated that he was opposed to the proposal. This proposal would be one of the highest points in Denton County and would be an eyesore. Positive growth was occurring in this area and it was ridiculous to approve this proposal. He asked the Council to represent the people of Denton. If people knew how this would look, the entire Chambers would be full. The right thing to do was to take a look at the height of the site, consider moving the site, and moving the setbacks further back. He presented Council with a map of all the individuals he had contacted who were opposed to the proposal. They represented approximately 500 acres of the landowners in the area. They felt this proposal would reduce the property value of the area by 50%. A landfill in the area would make that area a slum and he asked Council to vote against the proposal. Wilma Haggard asked the Council to move the easements back further from Mayhill Road and lower the height of the landfill. She did not feel the representation for the line of sight was correct. Marilyn Haggard expressed a concern that the line of sight was a representation from the parking lot of the Golden Triangle Mall. That was a low area and the line of sight would be different when looking across from the highway or the subdivision across I35. That needed to be a consideration. She was opposed to the landfill in the area due to the growth of the area. Mayhill Road was a very busy road and was poorly maintained. She felt that the road condition would worsen if a landfill was in that area. Joe Doye stated that his uncle lived across from the proposed landfill site. He had major concerns about the expansion of the landfill. He was not concerned about the change in zoning to Light Industrial but stated that it was not acceptable to change to a specific use permit for a landfill site. The neighbors in the area should be considered in the proposal. He requested that if Council continued the two cases together, that the proposal be tabled at this point in time and evaluated further. He suggested moving the site further north rather than south. The Mayor closed the public hearing. Council Member Miller asked how the landfill would develop over a period of time and what was that period of time. 431 City of Denton City Council M~nutes March 21, 1995 Page 8 Persuad stated that the operation would start on northwest corner and proceed south. It would take about 8-10 years to get to that point. It would then proceed towards other parts of the site. It was estimated that the proposed landfill would have a 30-35 life time. Council Member Miller asked about the height of the landfill in the early years. Howard Martin, Director of Environmental Operations, stated that the elevation along the first phase would be approximately 650 feet above mean sea level. Mayhill Road was approximately 600-605 feet above mean sea level. Council Member Miller stated that the 90' height would not appear over a year or two but that it would take many years. This proposal was adjacent to the existing landfill. Martin stated that the current height of the landfill was 614' mean sea level and the increase in height would be over a ten year period. The ultimate plans would include the existing site. Council Member Miller asked if the bufferyards could be planted right away instead of on an as needed basis as proposed. Martin stated that the details of the cost of the bufferyards were being worked on but that it would be possible to plant those trees right away particularly along Mayhill Road. Council Member Miller asked if there would be a great loss of space if the bufferyards were moved back. Martin replied that to change the buffer zone from 150' to 500' along Mayhill Road would result in a loss of 2.8 million cubic yards of volume which translated to 8 years of landfill life. If the buffer zone were moved on Edwards Road back from 150' to 500', 1.7 million cubic yards or 6 years of landfill life would be lost. To move the buffer zone back a total of 500 ' would result in a 14- 15 year loss of life for the landfill. If the site elevation were limited to 650' mean sea level, there would be a loss of 3.6 million cubic yards or 13 years of landfill life. Council Member Cott asked how far the proposal was from Lake Lewisville. Martin replied that it was approximately 1.5 miles upstream from Lake Lewisville. 432 City of Denton City Council Minutes March 21, 1995 Page 9 Council Member Cott asked if there would be a bird problem with the site. Martin stated that the birds were at the existing site and that they would be a consideration at this site. Mayor Pro Tem Brock stated that the City had the responsibility of dealing with the solid waste of the City and had to be responsible for long range planning. There were two years life left in the current landfill. A citizen committee recommended that the City gain additional landfill space. The environmental issues were very restrictive and citizens had a great deal of opportunity to provide input during the process. Other locations would cause problems for other citizens. This was an area where a landfill already existed. She agreed with the idea of proceeding first with the bufferyards. The following ordinance was considered: NO. 95-052 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TEMPORARY AGRICULTURAL ZONING DISTRICT (A) TO LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 199.5 ACRE TRACT LOCATED NORTH OF EDWARDS ROAD AND EAST OF MAYHILL ROAD; APPROVING A SPECIFIC USE PERMIT TO OPERATE A LANDFILL IN THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance amending Section 34-125 of the Code of Ordinances to prohibit the platting of lots with lot-incompatible zoning districts. (The Planning and Zoning Commission recommended aDproval 7-0.) Harry Persuad, Senior Planner, reviewed the terms of definitions for incompatible zoning. The ordinance consisted of three components which prohibited the platting of a single lot when residential and nonresidential zoning districts were combined on the same tract; combining single family with multifamily zoning; and residential zoning combined with any planned development. The Mayor opened the public hearing. 433 City of Denton City Council Minutes March 21, 1995 Page 10 Austin Smith stated that he was in favor of the proposal. He stated that the proposal was approved by the Denia Homeowners group. John Weber stated that the Denia Area Community Group was in favor of the proposed ordinance. No one spoke in opposition. The Mayo closed the public hearing. The following ordinance was considered: NO. 95-053 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34- 125 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD A NEW SUBSECTION F, PROHIBITING PLATTING OF LOTS WITH LOT- INCOMPATIBLE ZONING DISTRICT AND DEFINING THAT TERM AS USED THEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. The Council considered two variances to the Subdivision and Land Development Regulations, regarding sidewalk and perimeter paving, for Hickory Creek Estates. The 138.8 acre tract was located north of Jim Christal Road, immediately west of Egan Road. (The Planning and zoning Commission recommended conditional approval on a 6-1 vote. The Commission's recommendation was conditioned on $7,560.00 per lot for road improvements be provided by the developer for five of the seven lots in the subdivision.) Frank Robbins, Executive Director for Planning and Development, stated that a conveyance plat and final plat for the property had been reviewed by the Planning and Zoning Commission. The Subdivision regulations required that a substantial length of Jim Christal and Egan Road be paved two lanes, 24' of payment to City specifications plus sidewalks. The cost of that project would be $310,000. The development proposed the creation of 7 lots. The ordinance ~tated that Council could vary the standards, perimeter street paving and sidewalks, if the requirements were in excess of the need created by the development. It was estimated that there would be only 70 vehicles trips in that large area of land. The 434 City of Denton City Council Minutes March 21, 1995 Page 11 Planning and Zoning Commission felt that the amount was excessive for the number of trips. This would be a conditioned variance that $7,560 be paid for lots 3-7 on Jim Christal Road. When the property was finally platted, the two lots on the western end would not be included in the requirement. Perry motioned, Chew seconded to approve the variances. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Perry motioned, Chew 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. A. Bids and Purchase Orders: 2. 3. 4. 5. 6. Bid #1718 - Refuse Containers Bid #1728 - Electric Meters CT'S and Meter Sockets Bid #1733 - Service Bodies and Crane Bid #1739 - 12 Cubic Yard Refuse Body Bid #1707 - South Lakes Park Construction Bid #1737 - Renovation Fred Moore Child Care Center B. Tax Refunds 3. 4. 5. G. E. Capital Mortgage Services, Inc. / Betty McKean - $975.13 First American Title Co./Shelley A. Alexander - $806.08 First American Title Co./Robert A. Walker - $780.77 Jeff Wawro - $591.85 Fleet Mortgage Group/Gary M. Jenkins - $680.93. 7. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7.A. - 7.B. Smith motioned, Chew seconded to adopt the Consent Agenda Ordinances 7.A. - 7.B. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 435 City of Denton City Council Minutes March 21, 1995 Page 12 A. 95-054 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. (5.A.1. - Bid #1718, 5.A.2. - Bid #1728, 5.A.3. - Bid #1733, 5.A.4. - Bid #1739) B. 95-055 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS. (5.A.5. - Bid #1707, 5.A.6. - Bid #1737) 8. ordinances A. The Council considered adoption of an ordinance amending the 1994-95 budget of the City of Denton by appropriating the sums of $20,833 from the unobligated fund balance of the motor pool fund to account number . Jon Fortune, chief Finance officer, stated that this ordinance would amend the motor pool fund budget by allocating $20,833 from the unappropriated fund balance of the motor pool fund to purchase a 15 passenger van for the Parks Department. An existing van had been destroyed by fire in January which was an unforeseen expense from when the budget was adopted. Council Member Miller stated that a second van was used to transport young people and the elderly by the Parks Department. That van had as many miles as did the van which was destroyed by fire. He asked about making that van a high priority item for replacement. city Manager Harrell stated that last year was the first time in several years that Council could set aside dollars for funding one time expenditures out of the operating funds. That was not possible in past years and many vehicles accumulated a high amount of miles. This year the Parks Department was able to budget for a replacement van which had been ordered. This proposed van would replace the one which had been destroyed thus allowing the Parks Department to have two new vans. The following ordinance was considered: 436 City of Denton City Council Minutes March 21, 1995 Page 13 NO. 95-056 AN ORDINANCE AMENDING THE 1994-95 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUMS OF $20,833 FROM THE UMOBLIGATED FUND BALANCE OF THE MOTOR POOL FUND TO ACCOUNT NUMBER TO PROVIDE FOR THE PURCHASE OF A PASSENGER VAN FOR THE PARKS AND RECREATION DEPARTMENT; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance amending Ordinance No. 95-001 relating to the award of Bid Number 1693 for the purchase of fleet vehicles to provide for the purchase of one additional 15 passenger van bid item #8A. (Bid #1693) The following ordinance was considered: NO. 95-057 AN ORDINANCE AMENDING ORDINANCE NO. 95-001 RELATING TO THE AWARD OF BID NUMBER 1693 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF ONE ADDITIONAL 15 PASSENGER VAN BID #8A; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the law firm of Freilich, Morgan, Leitner & Carlisle retaining such firm to propose revisions to the City of Denton Zoning Ordinance based on the r~eomm~ndations of the Zoning Ordinance Task Force. City Manager Harrell stated that the funds for this ordinance had been approved in the budget last year as a one time expenditure. This ordinance would provide legal expertise to assist with the drafting of a revised zoning ordinance. The following ordinance was considered: 437 City of Denton City Council Minutes March 21, 1995 Page 14 NO. 95-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE ANAGREEMENT BETWEEN THE CITY OF DENTON AND THE LAW FIRM OF FREILICH, MORGAN, LEITNER AND CARLISLE RETAINING SUCH FIRM TO PROPOSE REVISIONS TO THE CITY OF DENTON ZONING ORDINANCE BASED ON THE RECOMMENDATIONS OF THE ZONING ORDINANCE TASK FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. Nonie Kull, Environmental Services Manager, stated that this was the fifth year for this agreement in which the City would shelter animals from Corinth. The following ordinance was considered: NO. 95-059 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FORAN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance limiting the parking of vehicles on certain portions of East Hickory S~reet to one hour parking. Rick Svehla, Deputy City Manager, stated that Council considered an ordinance in November which established a number of no parking spaces at the Denton Municipal Complex. This ordinance would limit the parking to one hour at those locations. 438 City of Denton City Council Minutes March 21, 1995 Page 15 The following ordinance was considered: NO. 95-060 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, LIMITING THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF EAST HICKORY STREET TO ONE HOUR PARKING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. This item was pulled before the meeting. G. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue. Council Member Miller requested that the Council allow individuals to speak on the next ordinances all at once rather than separately. Consensus of the Council was to allow individuals to speak at once rather than at each item. Chuck Carpenter, Denton Chamber of Commerce, read a statement from George Highfill. Mr. Highfill's statement indicated that monies from this project were essential for the development of the organizations. He felt that the allocation should remain as it was. The Denton Convention and Visitor Bureau only had such allocations and received no other monies. To reduce the allocation to the Denton Convention and Visitor Bureau would hamper the efforts of the organization. JoAnn Ballentine, stated that the Chamber of Commerce had been in partnership with the City of Denton to oDerate the Convention and Visitors Bureau since 1976. The percentage of the occupancy tax distributed to the Chamber had increased as well as the overall occupancy tax revenues. She felt that the Bureau had demonstrated financial responsibility to promote Denton and had been successful in its efforts to increase occupancy and contribute to the economy for the hospitality industry. The Bureau wanted to continue to do these programs but needed to be in the position to take advantage of the opportunities which affected Denton's hotels and related businesses. The Bureau relied totally on the hotel allocation. She 439 City of Denton City Council Minutes March 21, 1995 Page 16 questioned the use of occupancy funds for the renovation of the civic Center. A cap on their allocation would prevent growth and would not provide an incentive for agencies to do their best. She suggested that Council extend the current contracts for 6 months to provide an opportunity for further discussion. Janet Harreld stated she could not understand the reasons for the reduction in the allocation and the proposed cap for the contracts. The Greater Denton Arts Council was currently working on many cooperative projects and with the change in the contracts, her time would be shifted from planning to fund raising. The Greater Denton Arts Council would have to spend more time on fund raising rather than on programs. The proposed cap did not provide for growth or any incentive to strive for quality or return on investment. She asked for an extension of the existing contracts to provide an opportunity for discussion. .Jon Fortune, Chief Finance Officer, stated that the current contracts with the hotel recipients would expire on March 31st. In anticipation of that expiration date, Council appointed a subcommittee to analyze the current contracts and possible uses of the monies. The subcommittee conducted a survey of other cities on the use and allocation of the tax. An internal audit was performed to determine how the agencies were complying with the current contracts. The subcommittee heard presentations from the current recipients and three other agencies. Contract changes included: (1) the term of the contract had been reduced from 4 1/2 years to 2 1/2 years which would give the City more flexibility in obligating the use of the hotel tax funds; (2) monthly payments were eliminated and quarterly payments would be used; (3) the payment structure was changed to a fixed amount or a percentage of tax revenue, whichever was less; (4) quarterly reports would be required prior to the release of any payments and would be in more detail than currently prepared; (5) the budgets presented to Council would segregate proposed expenditures of hotel tax funds from other funds for accountability; (6) failure to submit a financial report which complied with the contract would be cause for termination of the contract; (7) limitations on the use of the hotel tax funds by each recipient had been adjusted to include all State allowed expenditure categories as deemed necessary based on the recipient's budget; (8) an insurance requirement had been added plus a non-obligation clause and a clause limiting future commitments by the City of hotel tax funding. Council Member Cott ~tat~d that one acknowledged was Denton's hotel/motels. people to their business as possible. part which had not been They want to get as many 440 City of Denton City Council Minutes March 21, 1995 Page 17 Mayor Castleberry stated that the State statute had to be followed for use of the funds. That had not always been the case which was one of the reasons for the change to require that funds be kept in a separate bank account. Those dollars would be designated to the promotion of tourism. Mayor Pro Tem Brock stated that as a member of the subcommittee, she had a concern for improvements to the civic Center. Some of the groups which appeared before the subcommittee mentioned the need for more meeting rooms. A minimal improvement to the Center would be approximately $1.5 million for ADA compliance and current codes. More meeting places would help bring in more tourists. The proposed changes to the contracts were needed except for possibly the amounts. She had a problem with the process in that the changes in the allocations had been informally approved changes before any type of public hearing. She suggested reconsidering those portions of the contracts as the recipients did not have any knowledge of the amount of change in the allocations and had no opportunity for dialog with the organizations. The proposed cap would be minimal in relation to what was needed at the Civic Center. She suggested that Council extend the current contracts for six months and have more open dialog over the amounts. Council Member Miller felt there was a need to do something with the civic Center. Many of the entities were surprised when the cap was put on the contracts. Miller motioned, Brock seconded to extend the contract to the Fair Association to September 30, 1995 and to incorporate all suggested changes by the subcommittee except for the funding change. The funding for the next six months would be caped so that the cap would be no more than what the organizations received for the first six months of the fiscal year. If there was an increase in the hotel tax revenue, the additional amount would go to the Civic Center fund. This would allow for discussions with the Fair Association for funding. Council Member Smith felt that the term ':cap" was a negative term for the procedure and it was not intended for it to be that way. She was in favor of extending the contracts as suggested by Council Member Miller and having discussions with the groups. This would be compromise situation. Council Member Cott asked what would be accomplished in six months which could not be accomplished at this meeting. Mike Bucek, Acting City Attorney, stated that there was a legal issue associated with the cap. When Council adopted the budget 441 City of Denton City Council Minutes March 21, 1995 Page 18 each year, it indicated an amount which would be allocated for the hotel tax recipients. If the hotel tax funds exceeded what was projected in a good year, the Council had to amend the budget to allow for the last payment. To amend the budget an emergency must exist which was an unforeseen and difficult hardship. The cap was proposed so that the end result would not result in having to declare an emergency and amend the budget. Council Member Chew suggested that if the Council was considering waiting on one contract, all should be extended. The Council had appointed a subcommittee to do this work and now it was suggested that the Council wait to act on what was done. He was under the impression that the subcommittee was in favor of what was proposed and now it appeared that they were not in favor of the proposal. Mayor Castleberry stated that statements had been made at the meeting regarding funding and incentives. He was uncomfortable that money had to be the incentive for an organization to do its job. The cap might result in some creativity in the use of the funds. He felt it was not necessary to extend the contracts as the subcommittee had spent a great deal of time on the item. All of the organizations could live within the amounts. The civic Center was in need of repair. The hotel tax funds were not the only money some of the organizations received from Denton. The Center for the Visual Arts received $36,971 from the general fund. $66,000 was spent for a roof, ceiling fans cost $4,600 for a total of $116,352 for the Center. The City donated money for utilities for the Campus Theater. He felt it was necessary to point out that the hotel tax funds were not the only funds some organizations received from the City. He felt there was no reason to extend the contracts. The contracts had all been signed and agreed to by the organizations. Council Member Perry stated that it was important to point out that the hotel tax money was never intended to be the entire operating expense of any group. There were some cities which used more of the allocation for civic use. The amount to be set aside for the civic Center was a small amount of the money which was being used to promote tourism in the City. Each of the groups had a fair opportunity to present their cases and he saw no reason to continue the discussions. Council Member Miller stated at the last discussion it was felt that public input was needed and that would be received at this meeting. The grouDs were concerned that not only was a cap set but that the allocations were also reduced from normal circumstances. The numbers were not discussed with the groups during the presentations. The organizations had signed the contracts but were 442 City of Denton City Council Minutes March 21, 1995 Page 19 forced to with an all or nothing situation. He felt that the allocation part of the process needed further discussion. The Council took a short recess. Council Member Cott was not present after the break. Mayor Pro Tem Brock felt that in six months, the Council and the organizations would have more dialog regarding the allocations. Council Member Cott returned to the meeting. Mayor Castleberry indicated that two of the recipients had large reserves. The Convention Bureau had a reserve of $200,000 and it was the opinion of the subcommittee that this was too large of an amount of reserve and that the money should be used in the manner specified. The Denton Historical Foundation had a reserve that was also felt to be too large. The last year which was used in the averaging was the largest year Denton had in a number of years. It was felt that the reserves were not being used in the manner they were intended to be. He felt that the Council needed to go ahead with the contracts. Council Member Perry requested a review of the motion. Miller stated that he had motioned to extend the contract to the Fair Association until September 30, 1995 with the recommended changes from the subcommittee except for the funding changes. There would be a funding cap for the six month period at a level equal to the first six months actual receipts by the Fair Association. Discussions would be held with the Association with the new contract to be effective October 1, 1995. If there was a drop in the hotel tax receipts, the Association would receive the lesser of the amount of receipts or the actual receipts for the first six months. Council Member Chew stated that in the next six months, there might be the possibility that some of the allocations could be cut further if desired. Council Member Miller replied correct that there would be no restraints on the contracts. Council Member Perry asked if the cap Council Member Miller was suggesting was any different than the proposed cap. If in the next six months, would the amount be different than what was proposed. 443 city of Denton city Council Minutes March 21, 1995 Page 20 Kathy DuBose, Executive Director for Finance, reminded Council of the comment made by the Acting City Attorney regarding the budget. If the cap included the first six months which would not end until the end of this month, the money would not be received until April. If that was doubled for the year, there might be a problem if it went over the budget. Her understanding was that the motion would take the first six months receipts and let the cap be doubled for that first six months receipts. Council Member Miller stated that it would be the at the same level of the first six months receipts. DuBose stated that if that were to go over budget, Council might need to take that into consideration. City Manager Harrell felt that Council had two options. One was to establish the amount which was allocated in this year's budget. That would be the amount that each agency would get or the percentage whichever was lesser and was the amount which the agencies were counting on. The second option was to adopt the motion and amend the budget at end of year if necessary. The Legal Department had expressed a concern regarding that procedure as it would not be a dire emergency. Council Member Miller stated that he was trying to keep the agencies from having drastic cuts. He stated that he could amend his motion to set the cap for the unexpired portion of the budget. Council Member Perry requested that Council Member Miller withdraw his original motion and proceed with a new motion. Miller withdraw his original motion and Brock withdrew her second. Miller motioned to extend the contract with the Fair Association until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of the second six months of budget receipts and hold discussions with the Association on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. City Manager Harrell stated that staff would interpret the motion to mean that it was known how much was allocated to each organization during the first six months. What ever remained of ~h~ budget allooation would b~ forthcoming during ~@cond six months unless receipts were less and then amount would be less. Brock seconded the motion. 444 City of Denton City Council Minutes March 21, 1995 Page 21 The following ordinance was considered: NO. 95-061 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE NORTH TEXAS STATE FAIR ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. H. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce for the payment and use of hotel tax revenue. The following ordinance was considered: NO. 95-062 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Denton Chamber of Commerce until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hold discussions with the Chamber on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. I. The Council considered adoDtion of an ordinance authorizing the Mayor to execute an agreement between the city of Denton and the Denton County Historical Museum for the payment and use of hotel tax revenue. The following ordinance was considered: 445 City of Denton City Council Minutes March 21, 1995 Page 22 NO. 95-063 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL MUSEUM FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Denton County Historical Museum until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hold discussions with the Museum on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. J. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton County Historical Foundation for the payment and use of hotel tax revenue. The following ordinance was considered: NO. 95-064 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY HISTORICAL FOUNDATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Denton County Historical Foundation until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hold discussions with the Foundation on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. K. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue. 446 City of Denton City Council Minutes March 21, 1995 Page 23 The following ordinance was considered: NO. 95-065 AN ORDINANCE AUTHORIZING THE MAYOR TO. EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTONAND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to extend the contract with the Greater Denton Arts Council until September 30, 1995 with the recommended changes from the subcommittee with a funding cap at the level of second six months of budget receipts and hold discussions with the Council on the contract to be effective on October 1, 1995. The amount would be the lesser of the percentage of receipts with the cap of the second six months budget amount. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion carried with a 5- 2 vote. 9. Resolutions A. The Council considered approval of a resolution supporting a fair and cost effective vehicle emissions testing program and federal air quality requirements. Julie Zeller, Administrative Services Coordinator, stated that the resolution was sponsored by the North Central Texas Council of Governments. It was being considered by other cities in the Metroplex area. There was some disagreement on what route to follow with respect to vehicle emissions testing. This resolution would let the legislature know that Denton was interested in a fair and cost effective program. The following resolution was considered: NO. R95-23 A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTINC A FAIR AND COST EFFECTIVE VEHICLE EMISSIONS TESTING PROGRAM AND FEDERAL AIR QUALITY REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye"f Ch~w "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 447 City of Denton City Council Minutes March 21, 1995 Page 24 B. The Council considered approval of a resolution supporting the City's submittal of a landfill permit application to the Texas Natural Resource Conservation Commission for the proposed expansion of the City's municipal landfill located on Mayhill Road. Howard Martin, Director of Environmental Operations, stated that the City staff had been working on the implementation of Subtitle D regulations for the existing landfill site and on the permitting and design activities for the expanded site. The design and permitting activities were complete and staff was ready to submit the proposal. The following resolution was considered: NO. R95-024 A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING THE CITY'S SUBMITTAL OF A LANDFILL PERMIT APPLICATION TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FOR THE PROPOSED EXPANSION OF THE CITY'S MUNICIPAL LANDFILL LOCATED ON MAYHILL ROAD; AND PROVIDING AN EFFECTIVE DATE. Perry 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. 10. The Council considered nominations/appointments to the Juvenile Crime Interagency Coalition. Mayor Castleberry indicated that Council still had an at-large nomination to make. Council Member Smith nominated Jane Irons for the at-large position. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Harlan Jefferson, Director of Fiscal Operations, stated that three other organizations had recently submitted names. LULAC, the Chamber of Commerce and Ryan High School had made nominations and Council would need to vote on those nominations. Perry motioned, Smith seconded to approve the nominations from LULAC, the Chamber of Commerce and Ryan High School. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 448 City of Denton City Council Minutes March 21, 1995 Page 25 11. The Council consider nominations/appointments to the Keep Denton Beautiful Board, the Traffic Safety Commission and the Cable T. V. Advisory Board. Mayor Castleberry indicated that Council Member Chew had nominated Mabel Devereaux to the Keep Denton Beautiful Board. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry indicated that Council Member Miller had nominated Brenda Minnis to the Traffic Safety Commission. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Miller indicated that he did not have a nomination for the Cable TV Advisory Board at this time. 12. Vision Update Mayor Pro Tem Brock presented an update on the "live" group. The group had developed two major topics of neighborhoods and entranceways and had established chairs and co-chairs for the two subdivisions. The individual groups would be meeting during the next week. The time line was very clear on what to do for each group. 13. Miscellaneous matters from the City Manager. City Manager Harrell presented the following items: A. There would be a formal ground breaking for the first phase of South Lakes Park on Tuesday, April llth at 4 p.m. B. On April 10th the Library would be switching over to the new automation system. C. An acknowledgement to Howard Martin and his staff for the large amount of work done by these individuals to complete the landfill application. D. Denton had again the "Best Tasting Water in Texas" competition for the second year in a row. E. On March 28th staff had planned to bring to Council a work session item for final direction on fiber optics. The Mayor had received communication from the Chamber requesting that the 449 City of Denton City Council Minutes March 21, 1995 Page 26 Council not consider that item on the 28th as that was the dinner event scheduled in conjunction with Denton County Day. He asked for direction when Council would like to consider the item. Consensus of the Council was to wait until after the conclusion of the Closed Meeting to determine on which agenda to place the item. 14. The following action was taken on Closed Meeting Items: Council Member Cott left the meeting. A. Perry motioned, Chew seconded to grant a 5% increase to the Senior Assistant city Attorney. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott returned to meeting. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Miller suggesting including a statement on the parking signs on the Square which indicated the amount of the fine. Mayor Castleberry indicated that that would be placed on a work session for discussion. B. Council Member Smith stated that April 22nd was Glad Bag- A-Thon day and that the Council's Adopt-A-Spot needed to be cleaned. 16. The Council returned to the Closed Meeting to discuss the following: Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 JE~I~'ER~ALTERS, CITY SECRETARY CITY OF ~ENTON, TEXAS With no further business, the meeting was adjourned. CAST ,EBE Y, CITY OF DENTON, TEXAS /