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Minutes October 07, 1997 CITY OF DENTON CITY COUNCIL MINUTES October 7, 1997 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, October 7, 1997 at 5:45 p.m. in the Police Conference Room of the Denton Municipal Complex. PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, and Young. AB SENT: Mayor Miller and Council Member Durrance 1. Closed Meeting: A. Consultation with Attorneyddnder TEX. GOV'T. CODE Sec. 551.071 1. Considered and discussed settlement of Joel Darnell Patton and Nelda .lean Patton v The, City of Park, the City of'Denton, and the City of Cor,~icana, civil action number 3:96cv66 filed in the United States District Court, Eastern District of Texas, alleging violation of civil rights. B. Conference with EmployeesqJnder 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. C. Deliberations concerning Real PropertyqJnder TEX. GOV'T. CODE Sec. 551.072 1. Considered and discussed a possible real estate agreement with Denton Independent School District for property located north of Loop 288 between Sherman Drive and Stuart Road. Mayor Miller and Council Member Durrance arrived during the Closed Session. The Council convened into a Regular Meeting on Tuesday, October 7, at 7:00 p.m. in the Central Jury Room of the Denton Municipal Complex. PRESENT: Mayor Pro Tem Brock; Council Members Beasley, Kristoferson, Cochran, and Young. AB SENT: Mayor Miller and Council Member Durrance 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 July 1 and July 8, 1997. Beasley motioned, Cochran 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. City of Denton City Council Minutes October 7, 1997 Page 2 PRESENTATIONS/AWARDS 3. Proclamations Mayor Miller presented the following proclamations: Make A Difference Day Domestic Violence Awareness Month Fire Prevention Week Public Power Week 4. Presentation by Electric employees regarding information about electric services. Various employees of the Electric Department presented "Fun Facts" about the City's electric service. 5. Presentation of winners of DISD "Kid Vid Contest". Sheree Turner, Multi-media Specialist, gave an introduction of the program and presented the winners in the different categories. Those individuals received certificates from the Mayor. Mayor Miller presented the following October Yard of the Month Awards: Frenchy & Terri Rheault Jim & Sue Rogers Jim & Stephanie Wilson Richard & Pearl Yates Provident Place Ann's Portrait Designs CITIZEN REPORTg 7. The Council received a citizen report from Dessie Goodson regarding defining one's constitutional rights. Ms. Goodson stated that the City had violated her First Amendment right that was the freedom of speech. The City had also denied her Amendment Five that was due process of law, as she had not been informed of a crime. Amendment Six granted an individual the right for a speedy and impartial trial that she did not have in her case against the City. Amendment 14 stated that all persons, born or naturalized, were citizens of the U.S. and could not be denied rights. Her rights had been violated. She had not had electricity or water due to the City's lack of explanation of how three individuals could live cheaper than one in the same house. She would not use the City's water or electricity until an explanation was given her that was satisfactory. 8. The Council received a citizen report from Nell Lights Yeldell regarding a problem with the drainage ditch located on Prairie Street and more police protection for the area. Ms. Yeldell was not present at the meeting. City of Denton City Council Minutes October 7, 1997 Page 3 9. The Council received a citizen report from Ross Melton, Jr. regarding streetlights, billboards, and attorney-client privileges. Mr. Melton stated that he had told the City of locations where lights were burning during the daytime but they had not been fixed. The City was going to ban billboards in the City limits but it was not right to do so on private property. The proposed Compensation Board needed to be fair. The City Attorney had the right to not tell what advice was given a private client but that was taxpayers dollars and the information should be given out after it was no longer vital to a case. He felt the Council was hiding information from the citizens. He was not able to find out what cases were in Municipal Court. The Code Enforcement Office indicated that it did not know what cases were filed in Municipal Court. N(}I~E EX~CEPTI(}N~ 10. The Council considered a request for an exception to the noise ordinance for the construction of a Kingdom Hall of Jehovah's Witnesses at 610 W. Windsor October 16-19 and October 23-27, 1997. Veronica Rolen, Administrative Assistant, stated that this was a standard request for an exception to the noise ordinance for construction noise. The main source of the noise would be from the volunteers who would be present for the construction. Bobby Williams stated that they planned to construct this Kingdom Hall over the weekend. Late at night the number of people working would be reduced from 400 people to 200 people. A forklift would be used to put shingles on the roof and for the placement of the bricks around the building. Council Member Young asked if most of the noise would be done during the day. He also asked if the area residents had been contacted Williams stated that the neighbors had been cooperative thus far. Council Member Young stated that he was concerned about the neighbors in the area. That number of people would generate too much noise. Council Member Beasley asked where the volunteers would be parking. Williams stated that they had a nine-acre site and parking would be in the back of the site. There would be no on-street parking. Council Member Beasley asked that the petitioner work with the neighbors in the area and advise them of what was going to happen. Council Member Cochran expressed a concern about the carrying of noise at night and the effect on the area residents. Mayor Pro Tem Brock asked what would happen if the Police Department received complaints about the noise. Williams stated that they would discontinue that job and do another job until later in the day. Young motioned to approve exception but if one complaint was received, the work would have to City of Denton City Council Minutes October 7, 1997 Page 4 stop. Williams asked if they would have to totally stop work or stop the job making the noise. Council Member Young stated that they would have to stop the work and Council would have to reconsider the exception. Kristoferson seconded the motion. Council Member Beasley suggested that they visit with the neighbors so that they knew the work would be taking place on those nights. Council Member Cochran suggested that they give the neighbors a phone number to call with a complaint rather than calling the Police Department. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 11. The Council considered a request for an exception to the noise ordinance for a Tent Revival in the Civic Center Park on Sunday October 12 and 19, 1997 from 7:00 p.m. - 9:00 p.m. This request was withdrawn from consideration. 12. The Council considered a request for an exception to the noise ordinance for a benefit concert sponsored by Trinity Presbyterian Church on Sunday, October 19, 1997 from 12:00 noon until 5:00 p.m. at the North Texas State Fairgrounds Fair Hall. Veronica Rolen, Administrative Assistant, stated that this was a standard exception to the noise ordinance for loudspeakers, etc. Young motioned, Beasley seconded to approve the exception. 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~ 13. The Council held a public hearing and considered an ordinance providing for a change in zoning from Single Family-7 zoning district classification and use designation to Multi-Family-1 zoning district classification and use designation with conditions (MF-1 [c]) for 2.158 acres of land located on the east side of Bernard at Greenlee. (The Planning and Zoning Commission recommended approval 6-0) David Hill, Director of Planning and Development, stated that this request for a 2-acre site located at 1301 Bernard was to rezone the property to multifamily conditioned. The Planning and Zoning Commission unanimously recommended approval. The 20% rule was not in effect for this case. The next phase would be plat approval. The Commission rejected outright multi-family zoning and placed the same conditions that were placed on a similar site. Some characteristics of the case were not consistent with the Denton Development Plan. The Plan required separation of multifamily uses which was not done with other multifamily cases in the area. The Plan indicated that the low density should City of Denton City Council Minutes October 7, 1997 Page 5 be protected with site design controls which was not done with this tract. This was an area in transition with single-family homes in the area that were basically rental homes. Traffic would be assisted with improvements designated for the future. The Mayor opened the public hearing. Wayne Rogers stated that the site was small with limited single family residences in the area. The impact on the single-family homes would be would be minimal as the area was mostly multifamily. The initial plat was for 62 units that the site would allow. He had decreased the number of units to 32 units. All buildings would be in row on the south property line with all parking requirements met. The property backed up to a creek but drainage would not be a problem. Mickey George stated that he lived in the area. He felt this was an upzoning of the area to increase the density of the area. Thirty-two new units would increase traffic in the area. In the future there would be no single-family homes in the area with any lawns, only concrete. A certain quality of life would be lost with this proposal. At some point in time there was a need to stop this type of development. The Mayor closed the public hearing. Mayor Pro Tem Brock stated that she visited the site. Development standards were different today than when "Concrete City" was put into place. There was a need to be serious about what was going to be built on the west side of Bernard. Some of the homes in that area were just as important as the homes in the historic area. The area west of Bernard was full of historic structures. There were families moving back into the area. This particular property did not fit into that kind of neighborhood but needed staff support to designate that area as a target area for small sector planning. The following ordinance was considered: NO. 97-294 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING FROM SINGLE FAMILY - 7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO MULTIPLE-FAMILY - 1 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS (MF-1-C) FOR 2.158 ACRES OF LAND LOCATED ON THE EAST SIDE OF BERNARD AT GREENLEE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Durrance seconded to deny the ordinance. She was concerned about egress to the area. Council Member Young stated that that area was created for student housing. It was the City's policies from the Housing Authority that created a ghetto in this area. The City created the problem for not being fair and integrating the Section 8 individuals. No one was going to build a home on this site and the apartment complex would not create another Concrete City unless it was made Section 8 housing. There would not be a traffic problem in the area. No one had built a new home in the area in at least the last 10 years. This would be an asset for the area because no one else would build there. Mayor Pro Tem Brock stated that the housing was public housing and allocation was not a function of City of Denton City Council Minutes October 7, 1997 Page 6 the City of Denton. That was federal housing created by the federal government. City policies helped create that area by physical development and the lack of landscaping policies, setbacks, etc. No one was insulting a group of people in the area. The City did not allocate that housing. Council Member Beasley stated that she would be voting against the motion. The property was not really suitable for anything else. On roll vote, Beasley "nay", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "nay", Brock "nay", and Mayor Miller "nay". Motion failed with a 2-5 vote. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Kristoferson "nay", Cochran "aye", Durrance "nay", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 5-2 vote. 14. The Council held a public hearing and considered an ordinance regarding amending Chapter 33 "Signs and Advertising Devices" of the Code of Ordinances relating to the prohibition of off-premises signs within the City of Denton and both off-premises signs and portable signs within the extraterritorial jurisdiction of the City of Denton and amending regulations applicable to nonconforming signs. Mayor Miller stated that this was the first of two public hearings on this item. After the second public hearing Council would take action on the proposed ordinance. This meeting was to receive public comment on the proposal. David Hill, Director of Planning and Development, stated that this was a public hearing with respect to proposed amendments to Chapter 33 that dealt with signs and advertising devices. Following the Work Session discussion on this item, staffmade two major changes to the proposal. Any reference to temporary signs had been removed and some of the initial language which described the justification or authority of the municipality had been elaborated. Questions raised during the Work Session were addressed in the back-up materials. Of the approximate 109 billboards surveyed along I35, 45 advertised businesses located in Denton, 35 advertised businesses not located in Denton and 29 were advertising for Denton business but no directions were given. Another question dealt with the removal options beyond compensation by a sign control board. Tax abatements, community beautification funds, buyouts and attrition due to damage or aging were presented. A rumor of litigation with the Fort Worth and Houston ordinances proved not to be true at this point in time. Council Member Durrance asked about the ratio of two or more for one swap and how that formula was formed. Hill stated that that would be a negotiated matter depending on what a municipality wanted to do. City Attorney Prouty stated the original two for one idea was if the owner of a sign removed two old signs, he would be able to erect one new sign and was originally proposed by the sign industry. Fort Worth had a four for one replacement. Council Member Cochran stated that he had mentioned a concern about the name of the sign control board when it would not be controlling signs. He asked if that was a matter of state law or could it be City of Denton City Council Minutes October 7, 1997 Page 7 change. City Attorney Prouty stated that Chapter 216 entitled it a sign control board but the City did not have to call it that as long as performed the necessary functions of Chapter 216. Council Member Young asked where the sign control board would get money to buy signs. Hill stated that that would be up to the Council on how to select the signs and what kind of funding would be used. The sign control board did not do that. Council Member Young asked about current litigation on signs. City Attorney Prouty stated that Fort Worth indicated that it had not been sued regarding their sign ordinance. They had received a claim from a Houston attorney who filed a suit in Houston. The primary claim was for permit fee of $75 which he thought was too much should be have been $40. No litigation had been filed in Fort Worth. Recent cases had not been about the ability to ban billboards or cause them to be removed in return for compensation but rather about the fees charged and other parts of the administrative process. Council Member Young asked about a consideration of a buyout program. Hill stated that one option was a lease buyout. The property owners allowed a sign owner to erect a sign. When the lease expired, the City would buy those rights to prevent the renewal of that lease. City Attorney Prouty stated that there were different ways to purchase signs. The sign board would decide what city would have to pay for the sign, whether to pay cash, use a tax abatement, a beautification fund, or issue revenue bonds to pay for the signs. Council Member Young felt that someone could remove signs he did not like against a certain business. He felt that the proposed sign ordinance would result in a lawsuit. He asked if the city could guarantee that a lawsuit would not be filed if this ordinance was approved. City Attorney Prouty stated that he could not guarantee that the city would not be sued. If an ordinance were enacted in accordance with Chapter 216, the City would be able to defend that suit and be successful. Mayor Miller stated that the purpose of this meeting was for a public hearing. He suggested holding Council discussion until after the second public hearing. The purpose now was to receive information from the public. Council Member Kristoferson stated that the proposed ordinance would affect only new billboards and would not impact present billboards. Hill replied correct. The Mayor opened the public hearing. City of Denton City Council Minutes October 7, 1997 Page 8 Holly Montalbano stated that she was the Executive Director of Scenic Texas. She was speaking in favor of the proposed amendments. Houston's experience with billboard ordinances was used as a model in many cities. In 1980 it was estimated that there were approximately 9,000 billboards in Houston. In 1980 Houston passed an ordinance prohibiting new billboards. Since then there had been a 35% decrease in the number of billboards due to attrition and Houston now had fewer than 6,000 billboards. These ordinances were supported by over 80% of Houstonians and many wanted to strengthen those restrictions. Billboards were out of place in most locations and landscapes were not the place for billboards. Mitchell Turner stated that he was a representative of the Greater Southridge Association. He supported this proposed ordinance. He felt that there were too many billboards already and that something needed to be done regarding too many signs. He suggested that billboards advertising businesses and products outside the City of Denton not be allowed. If the Council was serious about keeping Denton beautiful, it must keep its entrances pleasing. Cliff Reding stated that stated that he had a sign business located in Denton. Approximately 10-12 years ago the City went through a rewrite of the sign ordinance. He was in favor of the control of signs. He felt that the control method in the current ordinance and along highways adopted by the State of Texas were enforced in this area. He felt that the signs that upset everyone were the signs on 35E that were not following the guidelines. If the City followed the current guidelines it would eliminate many illegal signs. The current ordinance indicated that if a sign was damaged up to 60% of the total estimated value it could not be replaced if it was a non-conforming sign. The city had the instrument right now to enforce those ordinances. He felt it was not correct to not allow any further signs in the area. A major concern of new business was to let the public know that their product was there. Billboards were effective for businesses. He felt the proposal would send an anti-business indication to current businesses or to new businesses. He suggested having a committee study the issue rather than hurrying into passing this ordinance. Mark Foster stated that he was concerned about the proposed changes. In the last several years since the City had the sign ordinance their business had been hurt. They formally had two signs on their property but weather damaged one and they could not replace it. The second sign had been damaged and could be repaired but it would have to be smaller. When the City eliminated billboards it was eliminating merchandise to the merchant. Small businesses supported the community rather than the large corporations in the City. He did not understand why the City would want to make it harder for the small business to survive. Without billboards, business could cease to exist. Scott Hill stated that the city needed billboards. He represented the City of Denton as people stopped at his business to find out about Denton. People stopped in Denton because of their billboards. Business was needed in Denton. The State was in the sign business with the informational signs that were placed along the highways. He paid over $2,000 a month for the rental of billboards. He felt the City was making a mistake with this proposal. Mickey George stated that a sign ordinance was critical for a city. There was a point in time when such an ordinance was needed. Signs were an important form of advertising which was critical for a business. But he was against billboards and felt they were clutter in the landscape. Businesses would adapt to the changes. He asked the Council to consider what it wanted for Denton in the future and a City of Denton City Council Minutes October 7, 1997 Page 9 decision was needed now for the future. Jo Nash stated that her business depended on signs. She felt that this ordinance was socialist and elitist. It was taking away monies and taxes from the businesses. It took away jobs and people's income. The individual who leased the land for the sign would be the individual hurt in this proposal. The billboards should be left alone. Don White stated that signs were a part of every business' life. Beauty was in the eyes of the beholder. Taking property from individual's impeded the pursuit of life, liberty and happiness. There were many problems in Denton that the Council had not addressed, namely drainage. The City was managing the problem but not fixing the problem. He suggested that the Council spend tax dollars not to buy signs but to use for those essentials which were needed. Council needed to consider other issues that were more important. If the Council had businessmen as Council members, it might have a different perspective. Zeke Martin stated that one problem would be the buy out provision and the creation of another city board. There were more and more controls over the business people and he was not sure it was needed. Advertising was a large entity in everyone's life. He hoped the Council would give as much consideration as it might have a lot of effect either way. Chuck Dennis stated that he was surprised no meeting with staff and the sign industry was held before proposing such an ordinance. He felt Council had taken one side on this issue. There were no studies that indicated that a change in the current ordinance would help Denton in any way. He asked Council to defer the proposal in order for staff and the industry representatives to study the issue. He felt the proposed ordinance would lead to litigation. The government did not have the right to regulate a communication media. Denton had a sign ordinance that worked and should be left alone. Jim Smith stated that he received income from billboards on property he owned. He owned a business in Denton and advertised with billboards. Douglas Coggeshall stated that there were things happening in Denton which were not right. Council was trying to destroy business in Denton. Denton did not have a problem with signs. Council knew that there were many federal questions regarding this type of litigation. The City did not have enough money to do the things it needed to do such as provide pay raises for employees, parks, and streets but was willing to spend money on potential litigation. Sooner or later the prairie winds would destroy the current signs. With all the money spent on this issue and the ill will generated on this issue, the city could use the money to feed the children and widows and orphans in City. The Mayor closed the public hearing. He stated that there would be another public hearing in two weeks and Council would consider the ordinance at that point in time. Council Member Cochran motioned that the legal staff change the name of the sign control board to the sign appraisal board. Council Member Kristoferson seconded the motion. Council Member Durrance asked for a point of order whether there was a motion on the floor. City of Denton City Council Minutes October 7, 1997 Page 10 Consensus of Council was to make that change in the board name. Council Members Cochran and Kristoferson withdrew the motion and the second. Council Member Cochran stated that he had the impression from citizens that there was some lingering confusion about the aspects of the ordinance and in particular the sign appraisal board and the intentions to use public money to purchase signs. He suggested that this be better explained at the next meeting. ~(}N~ENT AGENDA Young motioned, Beasley seconded to adopt 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. 15. No. 97-295 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PC #78176 - Integrated Computer Systems, Inc.) 16. NO. 97-296 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH HALFF ASSOCIATES, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DENTON RAIL-TRAIL PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2016 - Architectural/Engineering Services -Denton Branch Rail-Trail) 17. NO. R97-061 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FOR TECHNOLOGY EQUIPMENT AND SOFTWARE WITH CERTIFICATES OF OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. 18. NO. R97-062 A RESOLUTION APPROVING A PROPOSAL BY THE DENTON CENTRAL APPRAISAL DISTRICT FOR THE EXPANSION AND RENOVATION OF THE PREMISES IN WHICH THE APPRAISAL DISTRICT OFFICES AND FACiLITiES ARE LOCATED. City of Denton City Council Minutes October 7, 1997 Page 11 ITEM~ FOR 1ND1VIDIIAI~ CONSIDERATION 19. The Council considered adoption of an ordinance amending Section 8-162 "Access Channels" of Chapter 8 of the Code of Ordinances to allow public access channel rules to be developed by the cable operator and to delegate to the cable operator the authority to administer and oversee these public access rules. Richard Foster, Public Information Officer, stated that there were two items of consideration for this issue. The first item was an ordinance and the second was a resolution. The resolution carried forth the direction Council gave staff at a Work Session in May. In order to enact the resolution, the ordinance had to be passed. The ordinance amended the existing cable television ordinance to pass the resolution which delegated to the cable operator the administration and oversight of the operation of the cable television public access channel. The following ordinance was considered: NO. 97-297 AN ORDINANCE AMENDING SECTION 8-162 "ACCESS CHANNELS" OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ALLOW PUBLIC ACCESS CHANNEL RULES TO BE DEVELOPED BY THE CABLE OPERATOR AND TO DELEGATE TO THE CABLE OPERATOR THE AUTHORITY TO ADMINISTER AND OVERSEE THESE PUBLIC ACCESS RULES; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Brock seconded to approve the ordinance. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 20. The Council considered approval of a resolution amending Resolution No. R94-072 adopting cable television public access rules. Richard Foster, Public Information Officer, stated that the cable television franchise required the cable operation to provide a public access channel. Rules regarding the use of the channel were passed in 1994 but were deficient in some areas and Marcus agreed to consider the administrative oversight of the rules. Council Member Cochran asked if the issue of using a resident's tape had been resolved. Foster stated yes as long as the individual was a resident of the City which meant he would be the sponsor for the showing of the tape. Council Member Cochran asked about the course of appeal for a citizen whose material was deemed unacceptable by the cable company. Foster stated that the tapes would not be prescreened. City of Denton City Council Minutes October 7, 1997 Page 12 Mayor Pro Tem Brock asked what resort an individual would have who felt he was the object of liable, slander or defamation of character on a program. Foster stated that the producer of the film would be responsible, not the cable company or the City. The following resolution was considered: NO. R97-063 A RESOLUTION OF THE CITY OF DENTON, TEXAS AMENDING RESOLUTION NO. R97-072 ADOPTING CABLE TELEVISION PUBLIC ACCESS RULES; AND DECLARING 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. 21. The Council considered adoption of an ordinance approving a consolidation amendment of the Economic Development Program Agreement between the City of Denton and the Denton Chamber of Commerce providing for a program to promote economic development. Linda Ratliff, Director of Economic Development, stated that this ordinance was a contract between the City and the Chamber of Commerce for an economic development partnership. Roles were the same with the Chamber being the marketing arm of the partnership. Certain performance measurements were included and proposed the formation of a new committee. It would provide for an oversight committee consisting of the Mayor, the City Manager, a member of the Public Utilities Board, the Director of Utilities, the Chairman of the Chamber of Commerce Board of Directors, the President of the Chamber of Commerce, and one member of the business community. Mayor Miller asked if there had been discussion on who would chair that committee. Ratliffindicated that there had been no discussion. Mayor Miller felt that that needed to be included in the ordinance for direction. There should be some mechanism on how to pick the chair and the length of term. Ratliff stated that the committee could select the chair for a period of one year. Council Member Beasley asked if the Council would receive a report at the end of the fiscal year or at the end of the calendar year. Ratliff stated that the Council would continue to receive quarterly reports and a monthly activity report would be presented to the committee. The plan would be reviewed on a quarterly basis with a report to Council. Council Member Cochran stated that part of the funding for this would be from private funds. He City of Denton City Council Minutes October 7, 1997 Page 13 asked about the mechanism for the time frame for the private funds Ratliff stated that it would be throughout the fiscal year. Chuck Carpenter stated that the funding came throughout the year. NO. 97-298 AN ORDINANCE APPROVING A CONSOLIDATION AMENDMENT OF THE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Kristoferson seconded to adopt the ordinance. Council Member Durrance stated that he had reservations regarding this issue. He felt the Council should continue to consider this issue and observe the process. He felt that there might be other options that could be considered and should be looked at. Council Member Cochran stated that he was not comfortable spending utility money and general fund tax money to support the Chamber of Commerce. This was not something the voters in his district approved of. There were other options to consider. The amount of money the City was spending for its own economic efforts complimented the Chamber's efforts. He questioned whether this was needed. On roll vote, Beasley "aye", Kristoferson "aye", Cochran "nay", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. 22. The Council considered approval of a resolution nominating a member(s) to the Board of Directors of the Denton Central Appraisal District. Kathy DuBose, Assistant City Manager for Finance, stated that the District was seeking nominations to the Board of Directors. Each nominee needed 1,000 votes. The City had 218 votes. In the past, the City had coordinated with the DISD to nominate an individual. The following resolution was considered: No. R97-064 A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF DIRECTORS OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Brock nominated, Cochran seconded to nominate Bill Giese. On roll vote, Beasley "aye", City of Denton City Council Minutes October 7, 1997 Page 14 Kristoferson "aye", Cochran "aye", Durrance "aye", Young "aye", Brock "aye", and Mayor Miller "aye". Motion carried unanimously. 23. The Council considered approval of a resolution authorizing the City Council to hold a joint meeting with the DISD at a location away from City Hall. The following resolution was considered: NO. R97-065 A RESOLUTION AUTHORIZING THE CITY COUNCIL TO HOLD A JOINT MEETING WITH THE DENTON iNDEPENDENT SCHOOL DISTRICT IN THE CENTRAL SERVICES BUILDING OF THE DENTON iNDEPENDENT SCHOOL DISTRICT, IN ACCORDANCE WITH ORDINANCE NO. 97-220; AND PROVIDING AN EFFECTIVE DATE. Beasley 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. 24. The Council considered approval of an ordinance amending the membership requirement for the Airport Advisory Board. Linda Ratliff, Director of Economic Development, stated that at a prior meeting Council directed staff to prepare an ordinance that all members of the Board would be residents of Denton. In addition, the current criteria for membership prohibited any individual who had a financial interest in the Airport from being a member on the Board. That was in conflict with other membership requirements for advisory boards. The Council asked the Board for a recommendation regarding membership. The Board recommended a nine member board, seven City residents appointed by Council, one member nominated by the City of Lewisville and approved by the Denton City Council, one member nominated by the Denton County Commissioners and approved by the Denton City Council. All members would have voting privileges. A fixed based operator or an individual with a commercial lease at the Airport would not be allowed to serve. Rick Woolfolk, Chair-Airport Advisory Board, stated another choice would be to have a seven member board with one of the seven members from outside the City. The Airport was more regional in scope than just the City of Denton. The Board was trying to interface with other entities in the region for input. Council Member Beasley asked why the Board did not like the suggestion of advisory ex-officio members. Woolfolk stated that there would be no incentive to participate if an individual was not a voting member of the Board. Council Member Cochran stated that the original issue was that no other board allowed outside City of Denton City Council Minutes October 7, 1997 Page 15 members. Many other boards dealt with regional issues such as Traffic Safety and the Planning and Zoning Commission. The membership of the Board was changed to accommodate a member a number of years ago. He felt there was a growing pool of individuals to serve on this board. Council Member Young felt that ex-officio members would not be useful on the Board as they would not be able to vote. He motioned to adopt the Board's proposal. Motion died for a lack of a second. The following ordinance was considered: NO. 97-299 AN ORDINANCE AMENDING ORDINANCE NO. 87-112, ORDINANCE NO. 93-140, SECTION 3-2, AND SECTION 2-61 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON CREATING AN AIRPORT ADVISORY BOARD, TO ALLOW AN AIRPORT ADVISORY BOARD MEMBER WHO RESIDES OUTSIDE THE CITY OF DENTON TO CONTINUE TO SERVE THROUGH HIS PRESENT TERM; PRESCRIBING ADDITIONAL REQUIREMENTS; RATIFYING CERTAIN ACTIONS TAKEN; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Cochran seconded to approve the ordinance as prepared eliminating any references to three ex-officio members. Council Member Young stated that he would be voting against the motion as the Council should take the advice from the advisory board. 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. 25. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Young indicated that he had nominated Darlene Munger to the Animal Shelter Advisory Board. However, the person in that seat had to be involved in the daily operation of an animal facility and Ms. Munger did not fit into that category. He withdrew his nomination and would keep Ms. Munger's application on file for consideration at another position. 26. Miscellaneous matters from the City Manager. City Manager Benavides reminded Council of the Open House for the renovated portion of City Hall next Tuesday plus the joint meeting with the DISD at noon on Wednesday and the Special Called meeting at 5:00 p.m. on Wednesday with the Planning and Zoning Commission as part of the review of the Denton Development Plan. 27. New Business City of Denton City Council Minutes October 7, 1997 Page 16 Council suggested the following items of New Business for future agendas. A. Council Member Young asked that speed limit signs be placed in the Willowcreek, Reed, Scott Street area. 27. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 28. There was no official action on Closed Meeting items held under Section 551-071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned 11:45 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS