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Minutes September 02, 1997CITY OF DENTON CITY COUNCIL MINUTES September 2, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, September 2, 1997 at 5:45 p.m. in the Police Department Conference Room of the Denton Municipal Complex. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney -- Under TEX. GOV'T CODE SEC. 551.071. Considered and discussed an ordinance authorizing the Mayor to execute a second amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefore for an additional one-year period; finding and determining that the two meetings at which this ordinance was passed was open to the public as required by law; providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of passage of this ordinance. Conference with Employees -- Under TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees or questioned employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Regular Meeting on Tuesday, September 2, 1997 at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, Durrance and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. The Council considered approval of the minutes of June 10 and June 17, 1997. Beasley motioned, Durrance seconded to approve the minutes as presented. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. AWARDS/PRESENTATIONS 3. September Yard of the Month Awards City of Denton City Council Minutes September 2, 1997 Page 2 Mayor Miller presented the Yard of the Month Awards to: Judy Cole Myra and Beverly Peel Kenneth and Eardene McNeill Gary and Carol Kirchoff Victor Equipment Company Marion Graham Hair Design-Downtown Business Award CITIZEN REPORTg 4. The Council received a citizen report from Nell Lights regarding a problem receiving utility services at 509A Maddox Street. Ms. Lights was not present at the meeting. Council Member Young stated that Ms. Lights had worked with staff and that all of her problems had been taken care of. 5. The Council received a citizen report from Robert Avant regarding the condition of the athletic fields at North Lakes Recreation Center. Mr. Avant stated that he had a petition from the Denton Softball Association to present to the Council. They had tried for the last three years, through the Umpire Association and the Baseball Commissioners, to get something done with the fields. The fields were in very bad shape and were very prone for injury. The lower fields were often under water after it rained. The City charged them $318 per team to play on the leagues. $60 went towards maintenance above what the City had budgeted for maintenance. The various leagues had asked several times for a detailed report on the maintenance of the fields and where their money went and what it was spent for. He stated that the Commissioners of Umpires had thought about applying for a state tournament but would be turned down because of the condition of the fields. Council Member Young asked about the funds for field maintenance. Ed Hodney, Director of Parks and Recreation, stated that he had never talked with Mr. Avant and needed to discuss with him these problems. The $318 was money raised by the teams and did not go to the Parks Department. The money went into the General Fund out of which the Parks Department received an allocation for park maintenance. 6. The Council received a citizen report from Larry Bailey regarding bird roost problems and loss of business in the Shady Oaks area of Denton. Mr. Bailey stated that the City had a long history of working with these bird problems. The problem was that the birds were very dirty and could only be controlled by controlling nesting site areas. The Texas Animal and Plant Health Department surveyed the site and determined that in two acres there were 25,000 egrets. He really thought there were up to 50,000 birds in the area. The birds did help with the control of insects but the residents in the area were suffering. There was a terrible odor and City of Denton City Council Minutes September 2, 1997 Page 3 many mosquitoes. He needed help with this problem and needed something from the City indicating that he could have a permit to remove nesting sites. The birds would not be removed but only be moved to another area. He felt that human health and safety were in violation. Council Member Young stated that these birds had been a problem for a long time. The birds started up north of that location and as that area was cleaned up, they moved further south. He asked for trimming of the trees to move the birds to another area. Bailey stated that that would be helpful. They needed permission from the City to clean up the area. This affected many people. Mayor Miller stated that several years ago the City had a clean up day to clean up other areas. As long as the birds were roosting, there was nothing that could be done. Staff needed to be directed to determine what could do before the birds migrated in. 7. The Council received a citizen report from Linda Thaten regarding bird roost problems and loss of business in the Shady Oaks area of Denton. Ms. Thaten was not present at the meeting. 8. The Council received a citizen report from Bill Parrish regarding bird roost problems and loss of business in the Shady Oaks area of Denton. Jay Cassidy, speaking for Bill Parrish, stated that his business was in this location and was affected by the bird problem. For approximately four months a year, it was difficult to maintain the area and he had even lost business from the bird problems. He asked for whatever could be done to help gain a permit in order to clean up the area after the birds left. For sanitary reasons the area needed to be cleaned up. 9. The Council received a citizen report from Mildred Hawk regarding Denton County historical bridges and the greenbelt. Ms. Hawk stated that there were 16 historical iron bridges in Denton County. The State of Texas had declared that five bridges were unsatisfactory for transportation. The City had a map of the greenbelt and some of those bridges could be placed along that area instead of having them destroyed. She had heard that there were two park projects which would need bridges and she suggested using those bridges and even build the parks around those bridges. She asked that anyone building a bridge in Denton consider using one of those bridges so as to continue the history of the area. 10. The Council received a citizen report from Ross Melton regarding streetlights in the daytime, trash and debris, and the sign ordinance. Mr. Melton stated that there were streetlights on during the day and he felt they needed to be taken care of. The City's trash and debris ordinance and the sign ordinance were of concern to him. The City gave a notice that was not really detailed of what was the problem. The city ordinance allowed entry onto private property without permission. The sign ordinance was not valid and the City did not have the right to regulate free speech. City of Denton City Council Minutes September 2, 1997 Page 4 N(}I~E EX~CEPTI(}N~ 11. The Council considered approval of a noise exception for a Mexican Rodeo fundraiser sponsored by the Denton Hispanic Chamber of Commerce to be held September 21, 1997 from 2:00 to 9:00 p.m. at the North Texas State Fairgrounds. Veronica Rolen, Administrative Assistant, stated that the Denton Hispanic Chamber of Commerce had requested this exception for a Mexican Rodeo fundraiser. Pat Alva Green stated that this fundraiser was part of the Hispanic Heritage Month. occurred before on a Saturday and the organization would like to change to a Sunday. Council support of the request. This event had She asked for Brock motioned, Beasley seconded to approve the request. Council Member Cochran asked if there would be music with the rodeo over the loudspeaker system. Green stated yes that they would be taking advantage of all of the facilities. Music would be intermittent while individuals were riding bulls and while loading the bulls. Council Member Cochran stated that this would be a school night with neighbors close to the area. He asked if the volume levels for the speaker system could be reduced as the event went later into the evening. Green stated that the event should be through by 9:00 p.m. and possibly sooner than that. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. Plllll,lC HEAR1NG 12. The Council held a public hearing and considered adoption of an ordinance approving a detailed plan of 56.639 acres in Planned Development 90 (PD-90) for detached, single-family residential development and duplexes. The subject property was located between Sherman Drive and Kings Row, approximately 1,500 feet northeast of the Kings Row intersection. (The Planning & Zoning Commission recommended approval 7-0.) Dave Hill, Director of Planning and Development, stated that this property was located between Sherman Drive and Kings Row. There were approximately 129 acres in the entire site and 56.639 acres for the detailed plan. This was not a request for rezoning but approval of a detailed plan. The request was consistent with the Development Plan and was in an area for low intensity with a 56% allocation. The Planning and Zoning Commission recommended approval 7-0. The opposition to the proposal was not within the 20% rule. If approved, the next step would be for subdivision and plat approval by the Planning and Zoning Commission. In January 1985 the entire 129 acre tract was rezoned from agricultural to PD-90. It had concept plan approval for the site and included single family homes, patio homes, multi-family homes, apartments of 18 units per acre, general retail, City of Denton City Council Minutes September 2, 1997 Page 5 institutional office plus an 11.3 acre park. In June 1985 a portion of PD-90 was considered. A comprehensive site plan was approved by Council. The previous park area was then labeled as a 10- acre community service area. More interest in the property was seen in July of 1997. Because the original concept plan and site plans approved in 1985 did not meet requirements for a detailed plan, the proposal had to go through the Planning and Zoning Commission and Council. Zoning was vested in the property but the detailed site had to be approved. The detailed plan proposal included 132 single- family homes, 10 lots of 7 duplexes and a 9.30 acre City detention pond. Access was proposed by Kings Row and Sherman Drive. A traffic impact analysis was not done as this was required at plat approval and subdivision consideration. The subdivision review would finalize any necessary perimeter roadway improvements. The Kings Row curve would have to be widened and some turn lanes would have to be installed in the area. The Planning and Zoning Commission requested the developer to hold a neighborhood meeting with residents to resolve some of the problems. Five major areas of concern dealt with safety regarding the Kings Row curve, the widening of Kings Row to Yorkshire, determination that Kings Row was less suitable and use Sherman Drive for construction vehicles, a concern that the drainage facility would be properly maintained, and construction disturbances should be kept to a minimum. Two major concerns at the Planning and Zoning Commission meeting were lot size compatibility and drainage. The developer and consultant used plats from neighboring properties to show that the lot sizes would be compatible. The drainage situation only needed to be clarified in regards to the drainage easement. The proposed detailed plan would add 30 feet to that drainage easement for a total of 50 feet. Preliminary investigations showed that a gentle side slope for the drainage channel along with a possible concrete lined bottom would be necessary. On August 27th the Planning and Zoning Commission reopened the public hearing with no opposition expressed. The Parks Department was looking at a larger site not too far from PD-90 and without a park, there would be room for a detention area for runoff. Council Member Cochran asked about the drainage pond. Hill stated that the size of the pipe of the system would not increase and might even be smaller in order to allow for a slower rate of drainage. The Mayor opened the public hearing. Bruce Granthan stated that the proposal was consistent with the original PD. He hoped that the detention pond would help with drainage in the area and the entire neighborhood. They had had a positive meeting with the neighborhood. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 97-235 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 90 (PD-90) WITH RESPECT TO 56.639 City of Denton City Council Minutes September 2, 1997 Page 6 ACRES, AS SHOWN IN THE ATTACHED DETAILED PLAN, THE SUBJECT PROPERTY BEING LOCATED BETWEEN SHERMAN DRIVE AND KINGS ROW, APPROXIMATELY 1,500 FEET NORTHEAST OF THE SHERMAN DRIVE/KINGS ROW INTERSECTION; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE ~ AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. She had attended the neighborhood meeting and the developer did a good job to answer all of the relevant questions. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. The Council returned to Item #4 for consideration. 4. The Council received a citizen's report from Nell Lights regarding a problem receiving utility services at 509A Maddox Street. Ms. Lights stated that her problem dealt with taxes for 516 East Prairie. The City did not have a record of 509 Maddox. Her address was 509 Maddox and she questioned why she was receiving statements for 516 East Prairie. She asked why the address was changed to 509 Maddox. She asked about mosquito problems and the water which ran down to the ditch. She asked when these problems would be cleared up. City Manager Benavides stated that staff would provide Council and Ms. Lights a response to that problem. Ms. Lights stated that there was a bad home in the area that needed to be cleaned up. Mayor Miller stated that that information would be give to Code Enforcement. BIIDGET ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION 13. The Council considered adoption of an ordinance amending the schedule of electric rates contained in Ordinance 96-207; incorporating Ordinance 97-208 providing for a State University Discount Rider; adding a Decorative Ground Lighting rate schedule (DGL); amending the Dusk to Dawn rate (DD) to add new types of lights and restrict future installation of some types of lights; and renaming the Decorative Lighting Rate (DL) to the Downtown Decorative Lighting Rate (DDL). Kathy DuBose, Assistant City Manager for Finance, stated that Items #13-25 covered the budget. Each item contained changes from Council to the proposed budget and each addressed specific fees and rates for budget. The following ordinance was considered: NO. 97-236 City of Denton City Council Minutes September 2, 1997 Page 7 AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCES 96-207; INCORPORATING ORDINANCE 97-208 PROVIDING FOR A STATE UNIVERSITY DISCOUNT RIDER; ADDING A DECORATIVE GROUND LIGHTING RATE SCHEDULE (DGL); AMENDING THE DUSK TO DAWN LIGHTING RATE (DD) TO ADD NEW TYPES OF LIGHTS AND RESTRICT FUTURE INSTALLATION OF SOME TYPES OF LIGHTS; RENAMING THE DECORATIVE LIGHTING RATE (DL) TO THE DOWNTOWN DECORATIVE LIGHTING RATE (DDL); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 14. The Council considered adoption of an ordinance amending the schedule of water rates contained in Ordinance 96-208 for water service; amending the charges for tap and meter fees; amending the Upper Trinity Regional Water District (UTRWD) interim treated water rate (WW1) for the contract; and amending Ordinance 97-192 for wholesale raw water service to UTRWD (WRW). The following ordinance was considered: NO. 97-237 AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE 96-208 FOR WATER SERVICE; AMENDING THE CHARGES FOR TAP AND METER FEES; AMENDING THE UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD) INTERIM TREATED WATER RATE (WW1) PER THE CONTRACT; AMENDING ORDINANCE 97-192 FOR WHOLESALE RAW WATER SERVICE TO UTRWD (WRW); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 15. The Council considered adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance 96-209 for wastewater service; amending Ordinance 97-052 for compost and wood mulch service; and amending the wastewater tap fees. The following ordinance was considered: NO. 97-238 AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE 96-209 FOR WASTEWATER SERVICE; AMENDING ORDINANCE 97-052 FOR COMPOST AND WOOD MULCH SERVICE; AMENDING THE WASTEWATER TAP FEES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes September 2, 1997 Page 8 Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 16. The Council considered adoption of an ordinance amending the schedule of rates for solid waste service contained in Ordinance 96-210, as authorized by Chapter 24 of the Code of Ordinance of the City of Denton, Texas; amending the charges for residential service by adding a deposit requirement and changing the number of cubic yards of yard waste picked up without charge; amending the rates for commercial dumpster, open top and compactor service; amending the charges for landfill service; and amending miscellaneous service charges. The following ordinance was considered: NO. 97-239 AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE 96-210, AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE CHARGES FOR RESIDENTIAL SERVICE BY ADDING A DEPOSIT REQUIREMENT AND CHANGING NUMBER OF CUBIC YARDS OF YARD WASTE PICKED UP WITHOUT CHARGE; AMENDING THE RATES FOR COMMERCIAL DUMPSTER, OPEN TOP AND COMPACTOR SERVICE; AMENDING THE CHARGES FOR LANDFILL SERVICE; AMENDING MISCELLANEOUS SERVICE CHARGES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 17. The Council considered adoption of an ordinance amending Article V "Public and Semipublic Swimming Pools" of the Code of Ordinances of the City of Denton by amending Section 14-112 "Health Officer Inspections" and Section 14-113 "Permits to Operate". The following ordinance was considered: NO. 97-240 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE V '?UBLIC AND SEMIPUBLIC SWIMMING POOLS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING SECTION 4-112 '5tEALTH OFFICER INSPECTIONS" AND SECTION 14-113 '?ERMITS TO OPERATE"; PROVIDING A PENALTY NOT TO EXCEED $2,000; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to adopt the ordinance. City of Denton City Council Minutes September 2, 1997 Page 9 Council Member Young asked if the rates for apartments would be increased. Noni Kull, Consumer Health Manager, stated that the rate would be increased from $160 to $190. Council Member Young asked about the process of inspecting the pools. Kull stated that water samples were taken and safety factors as determined by the State regulations were inspected. Mayor Pro Tem Brock stated that State law required these inspections but no State funding was given to do the inspections. These inspections were subsidized out of the General Fund. Council Member Young did not see the justification for the increase in the cost. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 18. The Council considered adoption of an ordinance amending Section 13-22 of Chapter 13 "Food and Food Establishments" of the Code of Ordinances of the City of Denton; providing for permit fees for restaurants, grocery stores, and day care centers. The following ordinance was considered: NO. 97-241 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 13-22 OF CHAPTER 13 '~FOOD AND FOOD ESTABLISHMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR PERMIT FEES FOR RESTAURANTS, GROCERY STORES, AND DAY CARE CENTERS'; PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 19. The Council considered adoption of an ordinance amending Ordinance 91-055, as amended in accordance with Section 22-28 "Facility and Program Fees" of the Code of Ordinances of the City of Denton, Texas to provide new site reservation fees for the O~eil Ford Municipal Complex and picnic shelters in North Lakes and South Lakes Parks and to increase fees for the use of the Civic Center building. The following ordinance was considered: NO. 97-242 AN ORDINANCE AMENDING ORDINANCE NO. 91-055, AS AMENDED IN City of Denton City Council Minutes September 2, 1997 Page 10 ACCORDANCE WITH SECTION 22-28 '~FACILITY AND PROGRAM FEES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE NEW SITE RESERVATION FEES FOR THE O'NEIL FORD MUNICIPAL COMPLEX AND PICNIC SHELTERS IN NORTH LAKES AND SOUTH LAKES PARKS AND TO INCREASE FEES FOR THE USE OF THE CIVIC CENTER BUILDING; PROVIDING A SAV1NGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. Council Member Young stated that he was against charging citizens for using parks. Citizens should not have to pay for use of the parks. Council Member Cochran also did not agree with the cost of reserving a facility. Council Member Beasley stated that this was not a fee for using the park. The fee was to reserve a particular spot in a park. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. 20. The Council considered approval of resolutions approving the budgets for the 1997-98 fiscal year for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code for the following: A. R97-037 B. R97-038 C. R97-039 D. R97-040 E. R97-041 F. R97-042 G. R97-043 H. R97-044 I. R97-045 J. R97-046 K. R97-047 L. R97-048 M. R97-049 Denton Denton Denton Denton Denton Denton Denton Black Chamber of Commerce Chamber of Commerce Convention & Visitor Bureau County Amphitheater Association County Historical Museum Festival Foundation Hispanic Chamber of Commerce Holiday Festival Foundation - Friends of Denton County History, Inc. - Greater Denton Arts Council - North Texas State Fair Association - Scholars Phair Foundation of Texas - Tejas Story Telling Association - Denton County Historical Foundation Beasley motioned, Brock seconded to approve the above resolutions. Council Member Young stated that the Denton County Historical Museum was being cut $10,000. He asked how much actual money the Museum would be receiving. DuBose stated that this item was only approval of the budgets from the budget presentations these organizations made at the last Council meeting and was not the allocation of funds. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes September 2, 1997 Page 11 21. The Council considered adoption of ordinances executing agreements between the City of Denton and the following for the payment and use of hotel tax revenue: A. 97-243 B. 97-244 C. 97-245 D. 97-246 E. 97-247 F. 97-248 G. 97-249 H. 97-250 I. 97-251 J. 97-252 K. 97-253 L. 97-254 Denton Denton Denton Denton Denton Denton Denton Black Chamber of Commerce Chamber of Commerce Convention & Visitor Bureau County Amphitheater Association County Historical Museum Festival Foundation Hispanic Chamber of Commerce Holiday Festival Foundation - Friends of Denton County History, Inc. - Greater Denton Arts Council - North Texas State Fair Association - Scholars Phair Foundation of Texas - Tejas Story Telling Association Beasley motioned, Brock seconded to adopt the above ordinances. Council Member Young asked how much actual dollars the Museum and the State Fair Association would be receiving. DuBose stated that the Museum would receive $72,952 and the Fair would receive $87,981. Council Member Young asked about the allocation from last year. DuBose stated that the Museum received $64,740 last year and the Fair received $68,640. Council Member Young stated that he did not like to see these two entities have a cut in their percentages. He asked that next year the Fair and Museum not be cut. Council Member Cochran expressed a concern regarding open meetings/open records requirements for these organizations. When the Council discussed allocating public money, they did so in open sessions. It disturbed him that when that money was passed on, that requirement was not passed on. He was looking for a mechanism in which the Council could attach the stipulation that that was a requirement. The Museum Charter and bylaws not abide by those safeguards. He felt it was a reasonable request to abide by open records/open meetings regulations. The contract for the Museum had a stipulation that the City be given reasonable advanced notice of general meetings but not for executive meetings. He requested that that be amended and the provision for executive sessions of the executive committee be taken out of the contract. He also would like to see the meetings for all entities be done with posted notices according to the open requirements of the Open Meetings Act. Cochran motioned, Brock seconded to amend the contracts to define "reasonable" as a 72 hour notice to conform with the Open Meetings Act. Council Member Young felt that this provision was not needed. He felt it was adding a burden to these organizations. City of Denton City Council Minutes September 2, 1997 Page 12 On roll vote for the amendment, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. On roll vote for the motion as amended, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered approval of a resolution adopting the Capital Improvement Plan proposed by the Planning and Zoning Commission. The following ordinance was considered: NO. R97-050 A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered adoption of an ordinance amending Ordinance No. 97-145 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict; and providing a repealer. The following ordinance was considered: NO. 97-255 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 97-145 PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; PROVIDING A REPEALER; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered approval of an ordinance adopting the budget for the City of Denton, Texas for the fiscal year beginning October 1, 1997, and ending on September 30, 1998. The following ordinance was considered: NO. 97-256 City of Denton City Council Minutes September 2, 1997 Page 13 AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1997, AND ENDING ON SEPTEMBER 30, 1998; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to adopt the ordinance. Council Member Cochran stated that he would vote for the budget but felt strongly against the $700,000 to build Research Blvd. He felt the money could be used for other things. This project would benefit individual property owners rather than the entire city. Related to that was the $161,000 funding to the Chamber of Commerce for economic development. In previous years, this was an $85,000 expense and the Chamber matched that amount. Because of the possible sales tax increase, this was brought up to $161,000 because of the possibility of having a source of funding from sales tax. This did not pass and he was curious why the amount was not going back to the level of the economic development sales tax. At this point in time he not see how the citizens would benefit from this. Council Member Young felt that the new road was going to bring in an industry that would pay decent salaries. The road would pay for itself in less than 5 years with taxes from the industry building there. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1997 on all taxable property within the corporate limits of the City on January 1, 1997, not exempt by law; providing for revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; and providing for enforcement of collections. The following ordinance was considered: NO. 97-257 AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1997, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1997, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTA1N HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABiLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. ~(}N~ENT AGENDA Council Member Cochran asked that Items #35 and #37 be removed for separate consideration. City of Denton City Council Minutes September 2, 1997 Page 14 Council Member Young asked that Item #36 be removed for separate consideration. 35. The Council considered approval of a resolution requesting the Texas Municipal League to sponsor legislation regarding the use of logo reader boards in urban areas with a population of 50,000 or more. Council Member Cochran felt that this proposal was something the citizens needed to know about and that it was a good proposal. Mayor Pro Tem Brock stated that the Texas Municipal League was not actively supporting this legislation and she hoped that this would move it up on the priority list. This legislation would comply with the sign ordinance but would be on logo boards. It was a convenience for the motorist, was safe, and was good advertising for the merchants. Council Member Young felt that this would put private sign companies out of business. The following resolution was considered: NO. R97-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR MORE; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Kristoferson seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.. 36. The Council consider approval of a resolution requesting the Texas Municipal League to sponsor legislation regarding the repeal of Section 3.251(d) of the Public Utility Regulatory Act to allow cities to compete against local exchange telephone carriers in communities where the quality, selection and cost effective pricing of telecommunication services are inadequate. Council Member Young felt that this was allowing government to compete with private enterprise. Private enterprise paid taxes and the government did not. The City would be in competition with GTE for fiber optics. He would never support government competing with private enterprise. The following resolution was considered: NO. R97-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION REGARDING THE REPEAL OF SECTION 3.251 (d) OF THE PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNITIES WHERE THE QUALITY, SELECTION AND COST City of Denton City Council Minutes September 2, 1997 Page 15 EFFECTIVE PRIC1NG OF TELECOMMUNICATION SERVICES ARE INADEQUATE; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Durrance seconded to approve the resolution. Council Member Cochran pointed out that the resolution specifically indicated that only in communities where quality selection and cost were inadequate would this resolution apply. It did not necessarily apply to Denton but was necessary to protect consumers. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "nay", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote.. 37. The Council considered approval of a resolution requesting the Texas Municipal League to sponsor legislation to amend the Open Meetings and the Open Records Acts to allow city councils of cities owning and operating their own electric utilities to negotiate and discuss power sales and other contracts in executive sessions and to withhold those contracts or portions of contracts where to divulge this information would be detrimental to the negotiating position of the city. Mayor Miller stated that the purpose of this resolution was to allow cities to discuss deregulation in closed session. It did not deal with any other aspect of the Open Meeting Act. The following resolution was considered: NO. R97-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE OPEN MEETINGS AND THE OPEN RECORDS ACTS TO ALLOW CITY COUNCILS OF CITIES OWNING AND OPERATING THEIR OWN ELECTRIC UTILITIES TO NEGOTIATE AND DISCUSS POWER SALES AND OTHER CONTRACTS IN EXECUTIVE SESSIONS AND TO WITHHOLD THOSE CONTRACTS OR PORTIONS OF CONTRACTS WHERE TO DIVULGE THIS INFORMATION WOULD BE DETRIMENTAL TO THE NEGOTIATING POSITION OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. Kristoferson motioned, Brock seconded to approve the remainder of the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 26. NO. 97-258 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND City of Denton City Council Minutes September 2, 1997 Page 16 PROVIDING FOR AN EFFECTIVE DATE. (Bid #2081 - Distribution Transformers) 27. NO. 97-259 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (Bid #2082 - Streetlight Poles and Fixtures) 28. NO. 97-260 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. (Bid #2072 - Denton Municipal Generation Station Unit #3 Cooling Tower Repair) 29. NO. 97-261 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. (Bid #2075 - Contract Concrete Work) 30. NO. 97-262 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. 31 NO. 97-263 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 18, SECTION 18-109, TO PROVIDE FOR AN ADDITIONAL DISABLED PARK1NG SPACE IN FRONT OF 101 AVENUE A; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABiLITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 32. NO. 97-264 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 33 NO. R97-051 City of Denton City Council Minutes September 2, 1997 Page 17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION FOR ASSISTANCE; MAK1NG CERTA1N F1ND1NGS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 34. NO. R97-052 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR THE COOPER CREEK ROAD CROSSING PROJECT WITH BOND PROCEEDS; AND PROVIDING AN EFFECTIVE DATE. 38. NO. R97-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO AMEND THE TEXAS LOCAL GOVERNMENT CODE TO ALLOW ALL CITIES UNDER 100,000 POPULATION TO SOLICIT INSURANCE BIDS THROUGH COMPETITIVE SEALED PROPOSALS INSTEAD OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE. 39. NO. R97-57 A RESOLUTION ENCOURAGING THE SENATE INTERIM COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING TO PROTECT MUNICIPAL REVENUES COLLECTED FROM FRANCHISE FEES AND PROPERTY TEXAS WHEN DEREGULATING THE ELECTRIC UTILITY INDUSTRY; AND PROVIDING AN EFFECTIVE DATE. ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION 40. The Council considered approval of a resolution approving the fiscal year 1998 financial plan of the Denco Area 9-1-1 District, pursuant to the Texas Health and Safety Code, Section 772.309. The following resolution was considered: NO. R97-058 A RESOLUTION APPROVING THE FISCAL YEAR 1998 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the resolution. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. City of Denton City Council Minutes September 2, 1997 Page 18 41. The Council considered adoption of an ordinance authorizing the Mayor to execute a second amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefore for an additional one-year period; finding and determining that the two meetings at which this ordinance is passed is open to the public as required by law; providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of passage of this ordinance. The following ordinance was considered: NO. 97 .... AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL ONE YEAR PERIOD, F1NDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE. Cochran motioned, Brock seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 42. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Cochran nominated Alice Gore to the Keep Denton Beautiful Board. Council Member Beasley nominated Bob Manning to the Board of Adjustment. 43. Miscellaneous matters from the City Manager. City Manager Benavides thanked Council for the budget process. 44. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Kristoferson motioned, Young seconded to suspend the rules to allow for a reconsideration of the August 26th Special Called Meeting Item #1 in order to reconsider this item at the September 9th meeting. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "nay", Young "aye", Brock "nay", and Mayor Miller "aye". Motion carried with a 5-2 vote. B. Council Member Durrance asked for a report on the use and/or movement of the bridges discussed earlier to the greenbelt areas. City of Denton City Council Minutes September 2, 1997 Page 19 45. There was no continuation of Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act. 46. There was no official action on Closed Meeting items held under Sections 551.071 - 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 10:00 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS