Loading...
Minutes March 28, 1995452 CITY OF DENTON CITY COUNCIL MINUTES March 28, 1995 The Council convened into a Closed Meeting on Tuesday, March 28, 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 1. The Council discussed the following in Closed Meeting: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 1. Considered retention of lawfirm to represent the City in negotiations or litigation with GTE over its failure to produce records required by a City audit and failure to remit delinquent franchise fees. B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 1. Discussed City Attorney applicants and selection process. The Council convened into the Work Session on Tuesday, March 28, 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 Mayor Castleberry presented a proclamation for Denton Together Day. The Council considered Item #4. 4. The Council received an update on Denton Together. Lloyd Harrell, City Manager, stated that at a recent Texas Municipal League Conference, cities in Texas which had a major university held a discussion regarding problems and programs in their communities. One such program was the City of College Station's "Big Event." This type of event provided an opportunity for students to provide major community service. After hearing that idea, it was decided to try and hold such an event in Denton. Joseph Portugal, Assistant to the City Manager, stated that the process started in 1992 when the Council passed a resolution supporting the formation of a joint committee of TWU and UNT students. That committee was to serve a two-fold purpose - to 453 City of Denton City Council Minutes March 28, 1995 Page 2 promote civic duty among university students and the City of Denton and serve as a liaison between the City and the student population. Planned activities for Denton Together included clean-up and fix-up activities, adopt-a-spot activities, landscaping activities at various locations, a community-wide clothing and food drive, musical entertainment at area nursing homes, campus tours of both campuses and a field day for children. Council Member Miller asked for an estimate of participation and how was the event being publicized. Portugal stated that the target goal was 500 participating students. Student newspapers were going to run articles regarding the events and all students should be aware of the upcoming events. The Council returned to the regular agenda order. 1. The Council received a report and held a discussion regarding the Solid Waste Master Plan Advisory Committee recommendations. Bob Nelson, Executive Director for Utilities stated that approximately a year ago, Council appointed a committee to study the solid waste issues and concerns for the community. That committee developed a comprehensive plan encompassing all aspects of solid waste management which also looked at the financial aspects of each alternative. Howard Martin, Director of Environmental Operations, stated that Council had approved a 21 member task force which studied solid waste issues. The Committee began the effort of developing an integrated solid waste plan by evaluating the existing management practices, assessing communities needs, studying the state and regional planning initiatives, and identifying short and long range management strategies. The Committee identified several guiding principles which were the foundation of the plan. Those principles included cost which would minimize the cost to Denton residents and businesses; flexibility which would capitalize on emerging opportunities and technologies; economic development opportunities which would include elements which turn solid wastes into resources of value and provide economic development opportunities; risk which would strive to minimize financial, human and environmental risk to the community; educational opportunities which included provided opportunities to students; and environmental stewardship which would minimize the impact of Denton's solid waste on the ~nvironm~nt and public health. The sources of disDosal for Denton included commercial, residential, cash/other, recycling and contract. The Committee originally developed a planning strategy to look at alternatives which would yield a fifty percent waste 454 City of Denton City Council Minutes March 28, 1995 Page 3 reduction over the planning period. Eight alternatives were developed with the first four alternatives dealing with the fifty percent reduction and alternative five being a status quo alternative with no new programs. Alternative 8 was a phased approach starting with low technology which increased gradually to higher technology. High and low waste diversion ranges were developed for each alternative based on the various program components. Disposal volumes were established based on the projected diversion rates of each option. A summary of expenses for each alternative was developed and included actual expense, program revenue, landfill requirements, landfill remaining, landfill value and net expense. Recommendations from the Committee included expanding the existing landfill site in 1997; constructing a facility for yard waste and wastewater biosolid composting; implementing a cardboard, office paper and newspaper bailing operation; constructing an intermediate processing center in 1998; implementing a residential curbside recycling program; and expanding the intermediate processing center to a materials recovery facility in 2005. The intermediate processing center would address recycled products which were not mixed with regular solid waste. Associated program components included developing public education programs on solid waste issues; promoting source reduction and waste minimization; developing educational and research cooperatives; encouraging economic development opportunities; and reevaluating the solid waste master plan on a 3- 5 year cycle. Ken Dixon, University of North Texas, stated that the plan represented the spirit of partnership as it was an effort to look at environmental stewardship, economic opportunity, and was an opportunity to learn from the experiences of other places which were not successful. He felt that the plan capitalized on the strengths of the community and had a concept of economic development. Some of the proposed rates might appear high but they were competitive with the surrounding communities. He encouraged the Council to approve the plan. Bob Coplen, Chair - Public Utilities Board, stated that the Committee knew that it needed to be flexible and aware of financial restraints. It was critical to remember that entering recycling was not strictly for monetary benefits. He felt that the plan was a reasonable approach, not without problems, and should be reevaluated every time the City was ready to make another investment. Martin stated that the master plan recommendations attempted to position Denton in such a way as to conservatively move into the recycling activities, address the state's waste reduction goals and 455 City of Denton City Council Minutes March 28, 1995 Page 4 objectives, develop and maximize the landfill asset, maintain flexibility to incorporate industry and technological advances, promote education and economic development opportunities, minimize the risk of large capital investments and develop a solid waste management strategy at a price that the community could reasonably afford. Nelson stated that one of the first decisions which would have to be made was the development of an intermediate processing center. The next major cost was the materials recycling facility which could be expanded from the intermediate processing center. Since the intermediate processing center was soon in the proposed time frame of the overall plan, it would have an impact on decisions this year for residential and commercial customers. 2. The Council received a report and held a discussion regarding the power supply study. This item was pulled from consideration. 3. The Council received a report, held a discussion and gave staff direction regarding a proposed ordinance granting exception to the noise ordinance (for use of amplified sound) for annual events. Veronica Rolen, Administrative Assistant, stated that each year a number of organizations came before the Council requesting an exception to the noise ordinance for the use of amplified sound after 10:00 p.m. and on Sundays. The noise ordinance prohibited the use of amplified sound between the hours of 10:00 p.m. and 7:00 a.m. and on Sundays. Council requested staff to develop an ordinance which would no longer require those annual events to come before Council each year to request an exception. Two options were drafted for Council consideration. The first option would amend the existing ordinance to provide for a permitting process for the use of amplified sound. The permit would be granted by the organization's assurance to comply with a set of adopted conditions. Council approval would not be required unless the application was denied and there was an appeal. The second option was to adopt an uncodified exception granting ordinance with a duration for longer than one year. With this option an organization would qualify for the exception if it had acted responsibly for a predetermined number of years and could be withdrawn at any time. The ordinance would automatically expire if it had not been renewed for a number of years, option two provided for the Council's initial request without exposing the City to any undo risk and allowed for more flexibility to approve requests on an extended basis plus the capability to revoke an ongoing 456 City of Denton City Council Minutes March 28, 1995 Page 5 exception if conditions required such. Since April 1992, 26 requests for exception to the noise ordinance had been presented to Council. Those which had occurred for at least two years included the Denton Arts and Jazz Festival, the Juneteenth Celebration, the North Texas State Fair and Rodeo, the City of Denton employee picnic and the Pro Youth Rodeo. Council Member Perry asked if an annual event would be allowed to operate until 12:00 p.m on Saturday and Sunday. Rolen replied that the ordinance indicated that but it was merely a suggestion and could be changed as desired by Council. Council Member Perry stated that he was concerned about 12:00 p.m. on Sunday. Mike Bucek, Acting City Attorney, stated that the ordinance presented an example. When an organization came to Council the next time requesting an exception, the Council would set the guidelines at that meeting. As long as the organization wanted the same request, it would not have to request another exception. The Council would set the precise times for each upcoming request. Mayor Castleberry asked if an organization would have to apply this year for its function and then the request would carry over to future years or would the staff be going to the organizations and asking if they would like the new exception. Bucek stated that as the organizations requested the exception, the Council could grant the exceptions for a longer period of time rather than for just one year so long as the time frame was maintained. If an organization violated the rule staff, with Council approval, could then authorize the revocation of the ordinance. Council Member Perry asked how much attention had been paid to other provisions such as decibel loudness. Bucek replied that some cities had the ability to monitor noise in ~u~h ~ manner and that was written into their ordinance. City Manager Harrell stated that Denton did not have such equipment nor the employees trained to run such equipment. There was also a need to be very specific how far from an event to set up such monitoring equipment, etc. Council Member Smith questioned the wording "consistently demonstrated over the past number of years to responsibly operate 457 City of Denton City Council Minutes March 28, 1995 Page 6 amplified sound". Who would make that determination and on what basis. Would the determining factor be that the police were called "x" number of times for an event or there were "x" number of complaints regarding that event. Rolen replied that all of those items would be considered such as police calls or number of complaints. Council Member Perry asked what would happen if Council had granted a continuing permit to an organization in regards to the right of an individual citizen to complain. Mayor Castleberry felt that that would not change. Council Member Perry indicated that the interpretation was that if Council granted the exceptions, then a complaint was not necessarily follow up on. He wanted it to be very clear that in no way would the right of a citizen to complain and the right of a complaint to be responded to be taken away. Rolen stated that Council could revoke the right for the exception at any time. If an organization violated the conditions of the ordinance, it could be revoked. Council Member Perry wanted to make it clear of the right of an individual citizen to complain and the right of the complaint to be responded to and suggested that it be made part of the ordinance. Council Member Smith felt that the procedure did not need to be changed for such a small number of requests. Keeping the procedure as it currently was would give the Council the grounds for approving or disapproving the request based on what happened the prior year. That would keep Council in control of the procedure. Council Member Cott stated that the proposed procedure would allow an organization to know what to expect with an annual event. Mayor Castleberry stated that he wanted to prevent having an organization from having to return each year to ask for an exception. He felt that some groups had left Denton due the current regulations and perhaps some groups might come back if there were a standard ongoing procedure. Miller motioned, Cott seconded to direct staff prepare an ordinance for Council consideration. Bucek clarified that staff would prepare an ordinance for individual organizations as opposed to amending the existing 458 City of Denton City Council Minutes March 28, 1995 Page 7 ordinance. On roll vote, Brock "aye" Cott "aye" Miller "aye", Smith "nay" Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 5. Council returned to the Closed Meeting to discuss the following: A. Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071 Be Personnel/Board Appointments -- Under TEX. GOV'T CODE Sec. 551.074 With no further business, the meeting was adjourned. TNIFE~WALTERS Y S ETARY CITY OF DENTON, TEXAS ACC00263 BOB CASTLEBERRY, M~OR~ CITY OF DENTON, TEXAS /